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.

TEAS Plus is cheaper per class but locks you to ID Manual entries verbatim and forfeits the discount on any later amendment. TEAS Standard costs more but allows custom identifications. For unusual goods, Standard is often the better bet despite the higher fee.

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.

Owner must match the legal entity that uses or will use the mark — naming the wrong entity (founder personally vs. the LLC) creates a void ab initio risk that can sink the registration. Foreign-domiciled applicants must designate U.S. counsel.

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.

The serial number is required for every future correspondence and for Amazon Brand Registry enrollment (which accepts pending applications via the IP Accelerator program). File the confirmation email and PDF receipt in the brand IP folder.

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.

For 1(b) intent-to-use applications, file a Statement of Use (with specimens and fee) within 6 months of the Notice of Allowance, or request extensions in 6-month increments up to 36 months. Without a timely SOU or extension, the application abandons.

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.

Section 8 declaration of continued use is due between years 5-6 (with a 6-month grace period at extra fee). Combined Section 8 and Section 9 renewal is due between years 9-10 and every 10 years thereafter. Missing either deadline cancels the registration with no recovery — set calendar reminders the day the certificate arrives.