How do I apply for federal trademark registration?

You can file your trademark application online at the U.S. Patent and Trademark Office (USPTO) website by using the Trademark Electronic Application System (TEAS). You can also call the USPTO for a paper form, but the USPTO cautions that paper forms will not be processed as quickly, and paper applications cost $50 more to file.

To begin the electronic registration process, go to the USPTO website (http://www.uspto.gov). On the home page, click the "Trademarks" link, and then, on the next screen, click "FILE online."

For most trademark applicants, federal registration is a relatively straightforward process. When completing the application, you need to:

• describe your trademark or service mark (often referred to as "marks," for short)
• state when it was first used
• describe the products or services on which the mark will be used, and
• suggest the classification under which the mark should be registered (there are approximately 40 classifications for goods and services; the online help provided by the USPTO can help you figure out which classification is right for your mark).

In addition, your application must be accompanied by:

• a "drawing" of your mark (for word marks, simply type the word; for graphic marks, you can include a photo file of graphic images)
• samples of how your proposed mark is being used, and
• the registration fee -- currently $325 per class when filing online.

How does a trademark qualify for federal registration?

To register a trademark with the U.S. Patent and Trademark Office (USPTO), the trademark's owner first must use it in "interstate commerce." This means the mark must be used on a product or service that crosses state, national, or territorial lines, or that affects commerce crossing such lines -- for example, an Internet business or a restaurant or motel that caters to interstate or international customers.

The trademark owner must also be able to answer "no" to all of the following questions:

• Is the trademark the same as or similar to an existing mark used on similar or related goods or services?
• Is the trademark on the list of prohibited or reserved names?
• Is the trademark generic -- that is, does the mark describe the product itself rather than its source?
• Is the trademark too descriptive (not distinctive enough) to qualify for protection?

For information on distinctiveness vs. descriptiveness, see Qualifying for Trademark Protection FAQ.