Filing Your Trademark Application via TEAS: A Step‑by‑Step Guide
After choosing a strong, available mark and preparing your application materials, you are ready to file with the USPTO. The USPTO uses the Trademark Electronic Application System (TEAS) for all filing...
After choosing a strong, available mark and preparing your application materials, you are ready to file with the USPTO. The USPTO uses the trademark Electronic Application System (TEAS) for all filings. Understanding the steps and options available helps you avoid mistakes and expedites processing.
Choose the Correct TEAS Form
The USPTO offers two main electronic filing forms: TEAS Plus and TEAS Standard. TEAS Plus has a lower filing fee (currently $250 per class), but it requires you to select your goods and services from the USPTO’s preapproved identification list and meet additional requirements, such as providing an attorney’s bar number or the applicant’s domicile address. TEAS Standard costs slightly more (typically $350 per class)[48], but it allows you to craft your own goods and services descriptions, which is useful if your offering does not fit neatly into the preapproved terms. Determine which form suits your needs based on your budget and how specific your goods and services are.
Create Your USPTO Account
Before filing, you need a USPTO.gov account. Visit the MyUSPTO portal and register. Provide your email address and create a password. You will use this account to access TEAS, pay fees and monitor your application. After logging in, select “File a Trademark Application” to begin.
Enter the Owner and Correspondence Information
The application requires details about the mark’s owner. If the owner is an individual, provide their legal name and citizenship. If it is a corporation or LLC, enter the entity’s legal name, state of incorporation and address. Provide a correspondence address and email for all USPTO communications. The USPTO no longer sends paper notices; all correspondence occurs via email.
Identify the Mark and Upload the Drawing
Next, specify the mark you are registering. Choose between a standard character mark or a special form mark. For standard character marks, enter the wording exactly as you intend to use it, with no stylization or design elements[45]. For design marks, upload a clear image in JPG format that accurately depicts the logo or design. The image must meet the USPTO’s size and resolution requirements—typically between 250 and 944 pixels on its longest side—and should not include extraneous matter. Provide a detailed description of the mark’s elements, including colors if you are claiming color as a feature of the mark.
Describe Your Goods and Services and Select Classes
Identify the goods and services associated with your mark. Use the Acceptable Identification of Goods and Services Manual to select precise descriptions[46]. If filing under TEAS Plus, you must choose from the preapproved list; TEAS Standard allows custom wording. Assign each product or service to the correct International Class. For multi‑class applications, provide separate descriptions and fees for each class. Consider how you plan to use the mark now and in the near future, as you cannot broaden the identification after filing.
Choose the Filing Basis and Provide Specimens
Select the appropriate basis for filing: use in commerce under Section 1(a) or intent to use under Section 1(b). If your mark is already in use, upload specimens demonstrating such use[47]. For goods, specimens might include labels, packaging or product photographs showing the mark on the goods. For services, specimens include brochures, advertisements or website screenshots with the URL and date of access. Ensure the specimens show the mark as used on or in connection with the goods or services. If you are not yet using the mark, file under intent to use; you will later submit a Statement of Use with specimens and pay an additional fee.
Sign and Pay the Fee
TEAS requires a verification and signature. You, or your attorney if represented, must sign digitally, declaring that the information is accurate and that you have evidence of use (if applicable). Provide your signature using a typed “/s/ Name” or use the electronic signature field. After completing all sections, TEAS calculates the fee based on the number of classes and the form you selected. Pay by credit card, electronic funds transfer or USPTO deposit account.
What Happens After Filing
Upon successful submission, TEAS assigns a serial number and sends a confirmation receipt. Use this number to track your application status through the Trademark Status and Document Retrieval (TSDR) system. Within three to four months, an examining attorney will review your application. If the application meets formal requirements and no conflicts are found, it will move to the next stage. If issues arise—such as vague goods descriptions, missing specimens or conflicts with other marks—the examining attorney will issue an office action[50]. You must respond within the specified deadline, typically three months[51]. Failure to respond results in abandonment. If the examining attorney approves the application, the USPTO will publish it in the Official Gazette for a 30‑day opposition period. During this window, anyone who believes they will be harmed by registration can file an opposition. If no opposition is filed, or if an opposition is unsuccessful, the USPTO will issue a registration certificate for use‑based applications or a Notice of Allowance for intent‑to‑use applications. For intent‑to‑use applicants, you must file a Statement of Use within six months (or request an extension) to complete the registration.
Tips for a Smooth Filing
• Review before submission: Double‑check all entries, including spellings, addresses and descriptions. Errors may be costly to correct after filing. • Prepare electronic files: Ensure your drawing and specimens meet size and quality requirements. Provide images with clear resolution and no extraneous markings. • Monitor communications: Add the USPTO’s email addresses to your safe sender list to avoid missing critical deadlines. • Respond promptly: Office actions have strict deadlines. Consult an attorney if you are unsure how to respond. • Keep copies: Save the confirmation receipt, serial number and all filed documents for your records. Filing via TEAS may seem daunting, but following this step‑by‑step process and understanding the system’s requirements will help you navigate with confidence. Taking care during filing paves the way for a successful registration and protects the brand you have worked hard to build.
Sources
[45] [46] [51] Trademarking 101 - SBAM | Small Business Association of Michigan
[47] [50] Trademarks 101