Registering Your Trademark in the United States


Trademark Application Process - Step 1


Select what you are trying to protect ? Get Help

By selecting name or slogan you can protect the use of the words that identify you or that are associated with your brand. Choosing your name or slogan will protect its use in any format, color and style.


A mark for your logo protects the exact shape, orientation, stylization and sometimes color in that particular logo. If you upload a black and white version, you will be able to use it in various colors. If you only want to protect a particular color of red circle as your logo, then you should upload a color version. The company name can, but does not have to be part of the logo.

Does your mark include a living person’s name—even if a stage name or pseudonym or could it be perceived to include a person’s name? ? Get Help

This comes up a lot for artists and musicians. If the band name is something like the Dave Matthews Band or the Everly Brothers, then your answer would be YES . If your band name is 21 Pilots or the Beatles, then your answer would be NO

Does your mark include any words other than English or non-Latin characters?
Are you currently using this trademark in your business? ? Get Help

By selecting “yes” you are representing that you are using the mark in commerce which means that you have actually sold goods or services with the mark. During this process, you will have to show proof that you are actually using the mark which will be explained later.

If you are not using the mark yet, but plan to, please mark “No.” By filing the Intent To Use, you will mark your place in line, but you will need to file a statement of use and pay additional fees with the USPTO once you actually start selling goods or services with the mark.

If you do not have proof now, you can submit proof later after your trademark is submitted to the Trademark office. If you do it later, you will need to pay a $100 government fee (for US trademarks).

Later in this process, Brand Mark Protect collects and pays the government-discounted TEAS Standard electronic filing fee of $350. In some circumstances, your application may qualify for the less-available TEAS PLUS system which means we will pay $250 to the USPTO which streamlines the process. If your application qualifies for TEAS PLUS, we will use it and retain the difference between the TEAS Standard filing fee and the TEAS Plus filing fee as a result of the additional processing by the Brand Mark Protect.