What is the difference between TEAS Plus and TEAS Standard?

TEAS Plus ($250 per class) requires you to use pre-approved descriptions of goods and services from the USPTO's Trademark ID Manual, accept electronic communications, and provide all required information upfront at the time of filing. TEAS Standard ($350 per class) allows you to write your own custom description of goods and services. TEAS Plus is less expensive but less flexible, while TEAS Standard provides more flexibility for unique or complex descriptions. Your attorney can advise which option is best for your situation.

Should I file based on "use in commerce" or "intent to use"?

If you are already using the mark in interstate commerce in connection with the goods or services, you should file under Section 1(a) (use in commerce) and submit a specimen showing actual use. If you have not yet begun using the mark but have a genuine intention to do so, you can file under Section 1(b) (intent to use) to reserve your priority date. Intent-to-use applications require an additional filing and fee (Statement of Use) before the registration will issue, and you have up to three years from the Notice of Allowance to demonstrate use.

What is an office action and how do I respond?

An office action is a letter from the USPTO examining attorney explaining why your application cannot be approved in its current form. Common issues include likelihood of confusion with an existing mark, the mark being descriptive, problems with the specimen of use, or issues with the identification of goods and services. You have six months to respond. Failing to respond results in abandonment of the application. An experienced attorney can craft persuasive arguments and evidence to overcome the refusal, including legal briefs, evidence of distinctiveness, and amended descriptions.

How many classes should I file in?

You should file in every class that covers goods or services you are currently using the mark with (or intend to use). The Nice Classification system divides goods and services into 45 classes. Filing in multiple classes provides broader protection but increases the cost, as each class requires a separate filing fee. An attorney can help you identify the most important classes for your business and develop a phased filing strategy if budget is a concern.

What happens after my trademark is registered?

After registration, you must maintain your mark by filing a Section 8 Declaration of Continued Use between the 5th and 6th year after registration, and then combined Section 8/9 renewal filings every 10 years. You should also consider filing a Section 15 Declaration of Incontestability after five years of continuous use. Additionally, you should actively monitor the marketplace for potential infringers and be prepared to enforce your rights, as failure to police your mark can weaken your rights over time.

Trademark Registration Attorneys

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637,000+

Trademark applications filed per year (FY 2023)

Source: United States Patent and Trademark Office

8-12 months

Average time from filing to registration

Source: USPTO Trademark Processing Times

~50%

Applications receiving at least one office action

Source: USPTO Trademark Examination Statistics

Significantly higher than pro se

First-action approval rate for attorney-filed applications

Source: USPTO Trademark Quality Review

About Trademark Registration

Trademark registration is the formal legal process of securing federal protection for a brand name, logo, slogan, or other distinctive identifier with the United States Patent and Trademark Office (USPTO). While common law trademark rights arise automatically through use in commerce, federal registration provides critical additional benefits including a legal presumption of nationwide ownership, constructive notice to would-be adopters, the right to use the ® symbol, access to federal courts, the ability to obtain registration in foreign countries using the U.S. registration as a basis, and the potential to achieve incontestable status after five years of continuous use.

The registration process begins with a comprehensive clearance search to identify potential conflicts with existing marks. Once a suitable mark is confirmed, the applicant files an application with the USPTO specifying the mark, the goods or services it will be used with, the filing basis (use in commerce or intent to use), and the relevant international classification of goods and services. The application is assigned to a USPTO examining attorney who reviews it for compliance with the Lanham Act and the Trademark Manual of Examining Procedure. If the examining attorney identifies any issues, they issue an office action requiring a response within six months.

If the application is approved, the mark is published in the Official Gazette for a 30-day opposition period. Assuming no opposition is filed, the mark proceeds to registration (for use-based applications) or the applicant must file a Statement of Use showing the mark is now in use in commerce (for intent-to-use applications). The entire process typically takes 8 to 14 months for straightforward applications but can take significantly longer if office actions or oppositions arise. An experienced trademark registration attorney can guide applicants through each stage, maximizing the likelihood of successful registration.

Why You Need a Trademark Registration Attorney

Federal trademark registration is the single most important step a business can take to protect its brand. Without registration, your trademark rights are limited to the geographic area where you actually use the mark, leaving you vulnerable to competitors who adopt similar marks in other regions. A federal registration establishes nationwide constructive priority, meaning that even if another party begins using a similar mark after your filing date, your rights will generally prevail.

The practical consequences of operating without federal registration are significant. A 2022 USPTO study found that businesses with registered trademarks are better positioned to prevent infringement, attract investors, and expand into new markets. Registered marks are listed in the USPTO database, which serves as a deterrent to potential infringers who conduct clearance searches before adopting new brands. Registration also enables brand owners to record their marks with U.S. Customs and Border Protection to prevent the importation of infringing goods. In an era of global e-commerce and digital marketplaces, federal registration provides the legal foundation for effective brand protection.

Common Trademark Registration Cases

Standard Character Mark Registration

Filing applications for word marks that protect the text of a brand name, slogan, or tagline regardless of font, style, size, or color in which it appears.

Design Mark Registration

Registering logos, stylized text, and other design elements that incorporate specific visual elements, colors, or graphic designs as part of the trademark.

Intent-to-Use Applications

Filing applications under Section 1(b) of the Lanham Act for marks that the applicant has a bona fide intent to use in commerce but has not yet begun using.

Office Action Response Strategy

Developing and executing strategies to overcome examining attorney refusals, including likelihood of confusion, descriptiveness, and specimen of use objections.

Multi-Class Applications

Filing applications covering goods and services across multiple international classes to provide comprehensive protection for brands used in diverse product and service categories.

Madrid Protocol International Registration

Using a U.S. trademark application or registration as the basis for seeking trademark protection in foreign countries through the WIPO Madrid Protocol system.

Trademark Renewal & Maintenance

Filing Section 8 declarations of continued use, Section 15 declarations of incontestability, and Section 9 renewal applications to maintain and strengthen existing registrations.

Amazon Brand Registry & Online Marketplace Registration

Leveraging federal trademark registrations to enroll in Amazon Brand Registry, eBay VeRO, and similar e-commerce brand protection programs that require registered marks.

Typical Trademark Registration Case Timeline

Clearance Search & Analysis

1-3 weeks

Conducting comprehensive searches across federal, state, and common law databases and analyzing results to assess the registrability of the proposed mark.

Application Drafting & Filing

1-2 weeks

Preparing the application including the mark description, identification of goods/services, filing basis, and specimen, then filing electronically through TEAS.

USPTO Examination

3-5 months

The application is assigned to an examining attorney who reviews it for compliance with all statutory and regulatory requirements.

Office Action Response (if applicable)

3-6 months

If an office action is issued, preparing and filing a persuasive response within the 6-month deadline to overcome the examining attorney's refusals or requirements.

Publication for Opposition

30 days

The approved mark is published in the Official Gazette, giving third parties the opportunity to file a notice of opposition within 30 days.

Registration Certificate Issued

1-3 months post-publication

For use-based applications, the registration certificate is issued approximately 8-12 weeks after the opposition period closes without incident.

Know Your Rights

You have the right to apply for federal trademark registration for any mark you are using in interstate commerce or have a bona fide intent to use in interstate commerce.
Your application filing date establishes constructive use priority nationwide, which means you have priority over anyone who begins using a similar mark after your filing date.
You have the right to respond to any office action within six months and to appeal examining attorney refusals to the Trademark Trial and Appeal Board.
Once registered, your trademark is presumed valid and you are presumed to be the owner, placing the burden on any challenger to prove otherwise.
You may claim priority based on a foreign trademark application or registration under Section 44 of the Lanham Act.
After your mark has been in continuous use for five years post-registration, you have the right to file a Section 15 declaration of incontestability, which significantly strengthens your legal position.
You have the right to record your registration with U.S. Customs and Border Protection to prevent the importation of infringing goods.

What to Look for in a Trademark Registration Attorney

When hiring an attorney for trademark registration, look for someone with deep experience navigating the USPTO examination process. The attorney should be well-versed in the Trademark Manual of Examining Procedure (TMEP) and have a strong track record of overcoming office actions. Ask specifically about their experience with likelihood of confusion refusals, which are the most common substantive basis for rejection.

Your attorney should offer comprehensive clearance search services before filing, including searches of federal registrations, state registrations, common law uses, and domain name databases. A thorough clearance search is the best investment you can make to avoid wasting time and money on an application that is likely to be refused. Also evaluate whether the attorney has experience with the specific types of marks you need to register — standard character marks, design marks, sound marks, or trade dress — as each has unique requirements. Finally, inquire about their approach to international protection if you do business or plan to expand abroad.

Questions to Ask Your Trademark Registration Attorney

1What type of clearance search do you conduct, and what databases are included?
2What is your success rate with trademark applications, and how often do your applications receive office actions?
3Do you recommend a TEAS Plus or TEAS Standard application for my mark, and why?
4If an office action is issued, what is the additional cost to respond, and what is your experience overcoming these refusals?
5Should I file in multiple classes, and how does that affect the cost and complexity of the application?
6Do you recommend filing an intent-to-use application now or waiting until I am actually using the mark in commerce?
7What post-registration maintenance filings will be required, and can you help manage those deadlines?

Understanding Trademark Registration Legal Costs

Trademark registration costs include both government filing fees and attorney fees. The USPTO charges $250 per class for TEAS Plus applications (which use pre-approved descriptions of goods and services) or $350 per class for TEAS Standard applications. Each additional class of goods or services requires a separate per-class fee. Attorney fees for a comprehensive clearance search typically range from $800 to $2,000. Application preparation and filing fees generally range from $750 to $2,000 per class. If the USPTO issues an office action, response fees typically range from $500 to $2,500 depending on the complexity of the refusal. Statement of Use filings for intent-to-use applications add additional USPTO and attorney fees. Budget $1,500 to $4,000 total for a straightforward single-class registration, and more if office actions or multiple classes are involved.

Key Legal Terms

Video Resources

These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.

How to Register a Trademark with the USPTO

USPTO

Trademarks 101 | Everything You Need to Know

All Up In Yo' Business with Attorney Aiden Durham

The Trademark Registration Process Explained

Aimee the Attorney

Frequently Asked Questions About Trademark Registration

Yes, you can file a trademark application yourself (pro se), and the USPTO provides online resources to help. However, the process involves technical legal requirements that are easy to get wrong, and errors can result in your application being refused or your registration being vulnerable to challenge. The USPTO has reported that applications filed by attorneys have significantly higher registration rates. An attorney can conduct a proper clearance search, select the strongest filing strategy, draft the identification of goods and services correctly, and respond to office actions effectively.

Citations & Sources

[1]
The USPTO processed over 637,000 new trademark applications in fiscal year 2023, with an average total processing time of 8 to 12 months for applications that do not encounter substantive issues. — USPTO Performance and Accountability Report, FY 2023
[2]
Federal trademark registration creates constructive notice of the registrant's claim of ownership nationwide, and constitutes prima facie evidence of the validity of the registration, the registrant's ownership of the mark, and the registrant's exclusive right to use the mark. — Lanham Act, 15 U.S.C. §§ 1057(c), 1115(a)
[3]
The TEAS Plus filing option requires applicants to use pre-approved descriptions from the Trademark ID Manual, accept electronic correspondence, and pay a reduced filing fee of $250 per class. — USPTO, TEAS Filing Options
[4]
Trademark registrations must be maintained through periodic filings, including a Section 8 declaration of continued use between the 5th and 6th year, and combined Section 8 and 9 renewals every 10 years. — USPTO, Maintaining a Trademark Registration

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