Trademark Application

Empire Business Law

Trademark Application Process

Your trademark application is the first step in formalizing your brand and protecting it. Get your branding journey off to a strong start by calling a professional.

How to File a Trademark Application

Rely on Empire Business Law, licensed attorneys with a passion for trademark law, to help you navigate the trademark application process. Call us now at (855) 781-7705.

After you've registered your Trademark, now you are permitted to use the ®, which is the symbol for a registered trademark. You've seen this on many logos right next to the company name, slogan, or name brands of products the company manufactures, markets, or sells. The trademark application process is intricate and can be trying at times. There are "Do-it-yourself" intellectual property review kits available however predicated on what you're looking to trademark, this may very well not be an option if you're looking to ensure the United States Patent and Trademark Office gives you their approval on your application. That being said, at Empire Business Law, our licensed attorneys are very well versed in this process and can help you through the trademark application process. We've included what the necessary steps are for filing a trademark application.

What Is a Trademark Application?

A trademark application is an application filed with the United States Patent and Trademark Office to secure a registered trademark for your brand. Trademark applications can be filed for various elements of your brand to eliminate any confusion between a brands products and or services and that of a competitors'.

When Should You Apply for a Trademark?

It's recommended to apply for a trademark prior to you starting to write a message about your brand and its unique value proposition, or what makes your brand or product different from anything else sets. Your first step should be a trademark search. This can be done with the Trademark Electronic Search System to confirm no other individual or company has already trademarked something similar to your intellectual property.

Trademarks provide an important means of protecting creative intellectual property, including:

  • Names (or companies, products, processes, or services)
  • Collections of letters or numbers
  • Symbols
  • Drawings/images
  • Individual words
  • Sounds (like PC Richard's Whistle)
  • Logos
  • Slogans or Taglines

How To Start The Trademark Process?

A trademark attorney with experience in using the TESS USPTO database can help you find a registered mark. With access to other sources like federal, state, and international registries for trademarks as well they should be able to make sure your search is precise while streamlining it all at once!

Your trademark attorney will search extensively for common law trademarks, which are marks that have been widely recognized but not formally registered with their owners. Once you or a legal counsel has completed this extensive research and found any appropriate candidates, the next steps in setting up your company's logos & labels begins!

What You Should Consider Before Trademark Registration

  • Who owns the trademark?

    You may not know it, but there are some major decisions you need to make before applying for a trademark. The answers to these questions can speed up your application process and ensure the enforceability of any trademarks that come out if successful!


    When you register a trademark, you have to decide if it will it be under the name of an individual or as a corporate entity? If so, then there are some things that need attention. First off ensure this company's standing with state and federal departments including but not limited too their status (i.e., whether they're incorporated), where its headquartered etcetera before completing any paperwork related to registration

  • What type of goods or services does your trademark identify?

    It is crucial to file the correct class for your goods and services. Choosing an improper one could limit or even jeopardize what trademark rights you have established with filing, so make sure it's right before proceeding! If you are looking to register a trademark for your business, the USTPO requires certain criteria be met in order for them not deny registration. Hiring an IP attorney can help reduce this risk and ensure that their office action won’t affect future potential clients or opportunities!

  • Will your trademark be used for Commercial Use?

    The commercial use of trademarks is a crucial factor in deciding whether or not your registered mark will be allowed. The definition for this term includes any activity related to selling goods and or services, such as advertising them on social media platforms like Facebook or Hulu Plus; however, it does not count if you only sell locally without spreading out into other states. In order to qualify for federal trademark protection under the law, there must also be some form of marketing/sales across state lines


    The trademark system is a great way to protect your brand and promote its sale, but if you can't prove that every item associated with the logo fits within "Commercial Use" parameters then it could be cancelled for nonuse. You may even face fraud charges if say...signing an affidavit saying so on paper when really nothing was being sold or licensed out at all!

  • Is My trademark being used properly?

    Once your trademark application has been approved, you’ll need to show it in proper use before official registration. You may take one of several approaches for displaying specimens that are consistent with how and where they will be used once registered:


    A company can display its mark on products or packaging; an individual could wear clothing bearing their personal design (for example TCB Trading Company's “Doge” tee); businesses might post social media content showcasing customer reviews featuring specific phrases utilizing terms corresponding exactly as advertised.


    You cannot legally use ® until you receive notification that your trademark is registered with the USPTO. After completion of these steps, it's important to make sure all trademarks are properly documented so they may be used in accordance with federal law and avoid any possible legal issues down the line!

  • What Type of Trademark Application Should I Use?

    The United States Patent and Trademark Office provides two choices when filing for a trademark through their Trademark Electronic Application System (TEAS):


    TEAS Plus is a streamlined trademark process that offers reduced fees and payment requirements for the applicant. The only requirement to use this service, one must already be listed in U.S government's goods & services ID manual or have their application approved by ITO before using it on any other types of goods/services than what they are already doing so without suffering major setbacks due to not having an official registration certificate first hand!


    The first time you submit your trademark application, using TEAS Plus can substantially improve the odds of approval.

At Empire Business Law, we protect and build a protected foundation for your innovation. You can call our office at (855) 781-7705, Schedule an appointment online - click here or fill out our contact form and we will contact you as soon as possible. Contact us today.

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We needed some trademark work done. There was another business using our logo. We called Empire and they literally held our hand through the whole process.

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