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.

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: (1) using the Trademark Electronic Application System (TEAS) at a cost of $325 per class, or (2) using an abbreviated application system known as TEAS PLUS ($275 per class). (You can also mail in a paper application form at a cost of $375 per class.)

To begin the electronic registration process, go to the USPTO website (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 $275 per class if using TEAS PLUS, or $325 per class if using TEAS.

If the USPTO decides that a mark is eligible for federal registration, what happens next?

The USPTO publishes the trademark in the Official Gazette (an online publication of the USPTO). The Gazette states that the trademark is a candidate for registration; this provides existing trademark owners with an opportunity to object to the registration. If someone objects, the USPTO will schedule a hearing to resolve the dispute. If no one objects, you should receive a response from the USPTO within a year. The total time for an application to be processed may range from a year to several years, depending on the basis for filing and the legal issues that may arise in the examination of the application.

In order to maintain the status of a federally registered trademark, the owner must file a statement of continued use and later, a renewal application. The owner acquires additional rights if a statement of incontestability is filed.  All of these documents can be filed online. The USPTO does not notify the trademark owner when these statements are due, and if these documents are not timely filed, the federal registration is canceled.