checklist for trademark registration

Complete Checklist for Trademark Registration (USPTO-Ready)

Filing a trademark shouldn’t feel overwhelming. This checklist for trademark registration walks you through everything you need to prepare before submitting your application to the USPTO, step by step and in plain English.

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Quick Overview: Trademark Registration Checklist

Before you start your trademark application, make sure you have:

  1. Your mark (name or logo) ready in the correct format
  2. A clear list of goods/services written in USPTO-friendly terms
  3. The right filing basis: "use in commerce" or "intent-to-use"
  4. Proof of use (if already selling)
  5. Ownership documents or your government ID
  6. Your myUSPTO account and budget for fees

Once these are in place, you’re ready to file confidently.

Step 1: Choose the Right Mark Format

Selecting the right format defines what protection you’ll get and what files or images you must provide.

Standard Character vs. Special Form (Logo or Design)

Standard character (word mark):

  • Protects the name itself: regardless of font, color, or style. âś” Ideal for brand names or product names (e.g., "SOLIS"). âš  You can’t protect design elements with this format.

Special form (logo or stylized text):

  • Protects the visual design: your logo, symbol, or specific styling. âś” Great for brands that rely heavily on a visual logo. âš  Major design updates may require a new application.

đź’ˇ Pro tip: If your budget allows, file both a standard character mark (broad coverage) and a logo mark (visual distinctiveness).

Step 2: Pick Your Filing Basis (Use-In-Commerce or Intent-To-Use)

Your "filing basis" tells the USPTO whether you’re already using your trademark in commerce or plan to do so soon.

Option A: Use in Commerce (Section 1(a))

You’re already selling your product or service across state lines.
You must provide:

  • A specimen showing how your mark appears in use (e.g., product packaging, website screenshots).
  • The date of first use anywhere and in commerce.
  • A list of goods/services actually sold.

Option B: Intent-to-Use (Section 1(b))

You’re not selling yet, but you plan to.
You’ll need to:

  • File your application without a specimen.
  • Submit a Statement of Use with proof of use later, within the USPTO deadlines.
  • Pay additional fees for the Statement of Use or any extensions.

💡 Tip: Don’t rush to file under 1(a) without proper evidence. A 1(b) filing can save you time and prevent refusals later.

Step 3: Describe Your Goods & Services Clearly

A precise description of your goods and services is essential for approval. The USPTO often rejects vague or overly broad identifications.

Examples of Clear Identifications

| Strong | Weak | |-----------|----------| | "Downloadable mobile applications for budgeting." | "Apps." | | "Coffee mugs; insulated beverage containers." | "Merch." |

Guidelines:

  • Be specific and factual about what you sell or will sell.
  • Avoid marketing buzzwords ("innovative solutions", "best-in-class").
  • Use the USPTO ID Manual to find accepted terms.
  • Group related goods/services properly; don’t mix unrelated ones to save on fees.

đź’ˇ Tip: The clearer your description, the faster your application moves forward.

Step 4: Gather the Right Documents (Your Trademark Registration Checklist)

Even the best application can get delayed if documents are missing.
Below is your detailed trademark registration checklist by applicant type.

For Individuals & Sole Proprietors

  • Government ID (matching your name as the applicant)
  • Full address and contact email
  • Proof of your DBA/fictitious name, if applicable
  • Specimens (if filing under 1(a)): product photos, website screenshots, or packaging
  • Ownership confirmation (you, not a vendor, must be listed as the owner)

For Companies, LLCs, or LLPs

  • Formation documents (Articles or Certificate of Incorporation/Formation)
  • Company address and signatory’s name/title
  • Ownership chain (if a parent or subsidiary owns the mark)
  • Power of attorney or authorization letter (if filing through an agent)
  • Specimens (for 1(a)) or plan for Statement of Use (for 1(b))

đź’ˇ Note: Ensure the listed owner matches your official business entity exactly. Even small name differences can cause delays.

For Partnerships & Startups

  • Partnership or Founders’ agreement (clarifying IP ownership)
  • Assignment documents if the logo/name was created by a contractor or agency
  • Startup/Accelerator certificate (if relevant)
  • Confirm that the brand assets belong to the business, not an individual founder

Step 5: Prepare Your Specimens (Proof of Use)

Your specimen shows how your trademark appears in the real world. It must prove the mark is being used in commerce, not just planned.

Examples of Acceptable Specimens

| Category | Accepted Examples | Commonly Rejected | |-----------|------------------|-------------------| | Goods | Product labels, packaging, e-commerce product pages | Mockups, concept art | | Software/Apps | App Store listings, screenshots with mark visible | "Coming soon" pages | | Services | Web pages showing the mark and how customers order or subscribe | Investor decks |

đź’ˇ Tip: Include the mark clearly on your website or packaging and ensure the page or image shows how customers interact with your product or service.

For deeper guidance, visit USPTO trademark specimen requirements.

Step 6: Organize Your Files

Keep everything tidy, the USPTO prefers clarity. Create folders such as:

/mark_assets/ logo.svg name_text_version.txt

/specimens/ product_page_2025-08-15.png app_listing_v2.png

/documents/ formation_certificate.pdf power_of_attorney.pdf

âś” Use descriptive filenames and include the date for easier tracking.
âś” Keep your evidence and correspondence in a shared drive for easy access.

Step 7: Fees, Accounts, and Filing Setup

USPTO Fees

  • Fees apply per class of goods or services.
  • Expect additional fees for late Statements of Use or amendments.
  • Corrections and Office Actions can increase costs, clean filings save time and money.

myUSPTO Account

  • Create your myUSPTO account early, ID verification can take a few days.
  • Keep login credentials secure.
  • File using the Trademark Center and double-check all fields before submitting.

Step 8: Quick Readiness Check

Run through this short trademark application checklist before you file:

  • I’ve chosen my mark format (word or logo).
  • I know my filing basis (1(a) or 1(b)).
  • My goods/services list is specific and clear.
  • My specimens are ready (or planned).
  • My ownership and authority documents are correct.
  • My USPTO account is active and fees are budgeted.

Step 9: Avoid the 10 Most Common Trademark Delays

  1. Vague goods/services description → Use clear, specific terms.
  2. Missing specimens → Collect real product or website images.
  3. Wrong applicant name → Match exactly with your legal entity.
  4. No authority to sign → Verify signatory rights.
  5. Conflicting trademarks → Run a trademark search first.
  6. Low-quality logo file → Use vector (SVG/AI) or 1000px+ PNG.
  7. Wrong classification → Double-check with USPTO ID Manual.
  8. Unverified USPTO account → Set it up early.
  9. Disorganized documents → Name and store files properly.
  10. Claiming use too early → Choose ITU if you’re not yet selling.

đź’ˇ Pro tip: You can request our trademark search service before filing to detect potential conflicts early.

BONUS: If You’re Filing from Outside the United States

If you or your company do not have a U.S. domicile, the USPTO requires a few additional steps to process your trademark application properly.

U.S.-Licensed Attorney Requirement

Since 2019, all foreign applicants must be represented by a U.S.-licensed attorney.
This attorney must be admitted to practice law in a U.S. state or territory and have a valid business address in the United States.
They are responsible for signing, submitting, and managing all official correspondence with the USPTO.

💡 At iGERENT, we handle this requirement for you through our network of U.S.-licensed attorneys. You won’t need to find local representation or manage the paperwork yourself. Speak with our trademark experts for free, no strings attached.

Applicant’s Real Address

The USPTO requires the applicant’s primary domicile or principal place of business, even if it is outside the United States.

  • Foreign companies must list their physical address in their country of origin (no P.O. boxes or agent addresses).
  • This information is used only for administrative purposes and does not appear in the public database.

Translations and Equivalents (When Applicable)

If your brand name or company name uses a non-Latin alphabet (for example, Chinese, Arabic, or Cyrillic), the USPTO may require:

  • A translation or transliteration of the mark or company name.
  • A statement of meaning or equivalence if the foreign words have a relevant meaning in English (for instance, "tea," "wine," or "fashion").

Communication and Electronic Signature

All USPTO applications must be filed electronically and in English.
Your U.S. attorney will sign and submit the application digitally, but you’ll receive copies of all official correspondence.
The authorization for representation is typically a simple power of attorney — no notarization, legalization, or apostille needed.

Payment of Fees

USPTO fees must be paid in U.S. dollars.
If you prefer to pay by international bank transfer, iGERENT processes the payment directly with the USPTO, so you don’t need to handle foreign transactions or card payments.

Summary of Requirements

| Requirement | Foreign Applicant | U.S.-Based Applicant | |--------------|------------------|----------------------| | U.S.-licensed attorney | ✔ Required | Optional | | Real domicile address | ✔ Required | — | | Power of attorney | ✔ Recommended | — | | Application language | English | English | | Fee payment | USD (processed by iGERENT) | USD (direct) |

FAQs

Do I need proof of use to file?
Only for Section 1(a). If you file under Section 1(b), you’ll submit proof later with a Statement of Use.

Should I register my word mark or my logo?
Start with a word mark if your name is distinctive; add a logo mark if the design carries unique brand value.

How many classes should I select?
Only as many as you truly need for your current or near-future offerings. Each extra class adds cost and scrutiny.

Ready, Set, File: A Smooth Path to Registration

By following this complete checklist for trademark registration, you’ll reduce the chances of USPTO refusals and speed up your approval timeline.

Our experience shows that the fastest approvals come from applications with:

  • A clear mark format
  • A precise goods/services list
  • Proper ownership documents
  • Valid specimens (or a plan to obtain them)

If you want expert help to review your materials or manage the filing for you, we can handle the process from start to finish.

â–ş Start your US trademark registration here.