USPTO Trademark Registration Checklist

Search the USPTO TESS database for identical and phonetically similar marks in the same Nice Class. A clean knockout is not clearance — it only rules out the obvious blockers. Save screenshots of any close hits to discuss with counsel.

Have trademark counsel run a comprehensive search (Corsearch, Thomson CompuMark, or equivalent) covering federal, state, common-law, and domain uses. Common-law users in the same channel can block registration even without a federal filing.

Use the USPTO ID Manual to map your goods and services to Nice Classes. A typical DTC apparel brand needs Class 25 (clothing) plus possibly Class 35 (online retail services). Each class adds a per-class fee — over-claiming wastes money and creates Statement of Use exposure later.

Section 1(a) use-in-commerce requires specimens showing the mark already in commercial use. Section 1(b) intent-to-use lets you reserve the mark before launch but requires a later Statement of Use plus an additional fee. Section 44 / 66(a) apply for foreign-priority and Madrid filings.

Decide between a standard character drawing (broadest protection, covers any font/color) and a special form drawing (locks the design but protects the visual). For logos, submit a JPG meeting USPTO drawing requirements — clean white background, no extraneous matter.

Pull language directly from the ID Manual when possible. Overbroad descriptions ("clothing" alone) draw Section 2(e) descriptiveness or indefiniteness refusals. Be specific: "t-shirts, hoodies, and hats" beats "apparel."

For goods, the mark must appear on the product, packaging, or a point-of-sale display — not just on an invoice or marketing email. Screenshots of an Amazon or Shopify product page work if the mark is visible and a buy button is present. Digital mockups are not acceptable; the USPTO has been rejecting these aggressively.

Submit through the USPTO Trademark Electronic Application System. Double-check the mark drawing, owner name, and class designations on the review page — once filed, fixing errors requires correspondence and may forfeit the filing date.

Fees are charged per class — confirm the class count matches the application before paying. The 2025 USPTO fee restructuring eliminated TEAS Plus/Standard tiers in favor of a base fee plus surcharges for custom IDs and excess word counts; verify the current schedule on uspto.gov before filing.

Examination typically begins 3-5 months after filing. Check the Trademark Status and Document Retrieval (TSDR) system regularly or set up email alerts. The examining attorney's first action sets the prosecution clock.

Response deadline is 3 months from issuance (extendable once by 3 months for a fee). Common refusals: Section 2(d) likelihood of confusion, Section 2(e) descriptiveness, indefinite ID, specimen rejection. Missing the deadline abandons the application — calendar it the day the action lands.

The mark publishes for 30 days in the Official Gazette. Confirm the published mark, owner, and ID match the application as filed — publication errors are rare but require certificate of correction if missed.

Third parties have 30 days from publication (extendable) to file a Notice of Opposition with the TTAB. Most applications publish unopposed; if opposed, engage IP litigation counsel immediately — TTAB proceedings have rigid scheduling orders.

Save the registration certificate PDF to the brand IP folder. With a registered mark in hand, enroll in Amazon Brand Registry, complete eBay VeRO setup, and add the registration number to any existing licensing or distribution agreements.