New trademark application

A trademark can be a word, phrase, logo, design, or combination that tells consumers who provides your goods or services. You apply for protection in specific international classes tied to your actual or intended products and services.

If you are already using the mark in interstate commerce, you file under Section 1(a) with a specimen showing current use. If you have a bona fide intent to use the mark but have not launched yet, you file under Section 1(b). Intent-to-use applications can proceed through examination but require a Statement of Use before registration.

Your goods and services description must be accurate and sufficiently specific. Specimens must show how consumers encounter the mark when purchasing goods or receiving services. Incorrect identifications and deficient specimens are frequent sources of Office Actions.

After filing, an examining attorney typically reviews your application within three to four months. You may receive an Office Action raising refusals or requirements. If no issues remain, the mark publishes for opposition, then registers—or issues a Notice of Allowance for intent-to-use filings pending proof of use.