The trademark application process starts with a branding decision – what is the particular word, symbol, tone, smell, or other source identifier with which you want to associate your goods and/or services?
A trademark application may be based on current use [Section 1(a)], an intention to use [Section 1(b)], or a foreign application or registration [Section 44(d) and Section 44(e), respectively]. Moreover, an application can be directed to the Principal Register or Supplemental register, and the USPTO offers three (3) separate application formats – TEAS+, TEAS RF, and TEAS – each which their own fees and requirements.
Prosecuting trademark applications before the USPTO is generally more or less complicated depending on the mark for which trademark protection (i.e., a registration) is being sought. Common pitfalls in the trademark application process include: