Registration Process FAQs

• I've conducted my search. What's my next step?
• Where can I obtain an application for registration?
• What type of application do I need?
• What do I need to submit with my application?
• How long does the registration process take?
• How do I know if they received my application?
• Do I need to maintain my trademark registration?

I've conducted my search. What's my next step?
After you conduct your search, you would then apply for the trademark and/or service mark. You may hire a trademark attorney to handle this for you, or you can complete the process yourself. The government makes it simple for do-it-yourselfers. They offer a free step by step booklet which guides you through each question. Also, our company is on hand to answer any questions that you may have.

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Where can I obtain an application for registration?
To obtain the application by mail, please call the US Patent & Trademark Office by calling 1-800-786-9199 or (703) 308-9000 if you live in Northern Virginia. They will send you a free booklet entitled, "Basic Facts about Trademarks", which will contain the necessary information and application needed. To obtain the application on line, please click here to download the appropriate form and the additional information that is required for filing.

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What type of application do I need?
An applicant may apply for federal registration in three principal ways. (1) An applicant who has already commenced using a mark in commerce may file based on that use (a "use" application). (2) An applicant who has not yet used the mark may apply based on a bona fide intention to use the mark in commerce (an "intent-to-use" application (3) Additionally, under certain international agreements, an applicant from outside the United States may file in the United States based on an application or registration in another country.

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What do I need to submit with my application?
The government requires a $325.00 filing fee, per class. Along with the required fee, you will need to submit 3 specimens of how your name will appear in commerce and a sample drawing page of your name. Please click here for more information.

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How long does the registration process take?
Times may vary depending on the type of mark you are applying for, but generally may take between four to seven months, and sometimes longer. If no additional information is required from the Trademark Office, it will take up to two months to receive a filing date, another two to four months for it to be reviewed by an examining attorney, another month for the mark to be published for public opposition and then another three months to receive a registration certificate. Please note that these times may be longer depending upon their backlog.

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How do I know if they received my application?
If the application meets the filing requirements, the PTO assigns it a serial number and sends the applicant a receipt about two months after filing. If the minimum requirements are not met, the entire mailing, including the filing fee, is returned to the applicant.

For a quicker response, it is advisable to submit a stamped, self-addressed postcard with the application specifically listing each item in the mailing, that is, the written application, the drawing, the fee, and the specimens (if appropriate). The PTO will stamp the filing date and serial number of the application on the postcard to acknowledge receipt.

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Do I need to maintain my trademark registration?
Trademark rights can last indefinitely if the owner continues to use the mark to identify its goods or services. The term of a federal trademark registration is 10 years, with 10-year renewal terms. However, between the fifth and sixth year after the date of initial registration, the registrant must file an affidavit setting forth certain information to keep the registration alive.

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Any additional questions?
Email us at info@creativetrademark.com
Call us at 201-825-1313

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