A federal trademark or service mark application may be made on either an "Intent to Use" or "Actual Use" basis. If one has not yet used the mark in commerce, filing on an "Intent to Use" basis can be advantageous since one can file immediately but not be required to prove use until later.
1
Items needed for an Actual Use registration
1. Date of use anywhere
2. Date of first use in interstate commerce or with another country
3. Copy of an example of use (may be electronic)
4. Description of use (to determine use and which classes to be filed)
5. Name and address of applicant
6. Electronic copy of the mark if it is a logo or stylized
7. Filing Fee
8. Trademark search recommended to make sure there are no confusingly similar marks
You should expect filing fees of $325 to $375 plus legal fees of $675 and up for each name in each class. Note that there are additonal considerations if you already have a foriegn application or registration.
2
Monitoring and Processing your application to registration
1. Trademark application is filed
2. Trademark examiner responds with changes to be made or approval
3. Responses filed or it is published to see if any third parties object to the registration
4. If no objections, an actual use application is registered OR if an intent to use application, one must then prove use by submitting a Statement of Use with the date of first use and an example of use
It may take 12-20 months for a trademark registration.
You must prove use in the 6th year after registration and renew the registration each 10 years.
Beware of any companies sending you bills during the process as they are likely a scam.
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