Trademark Application Law and Legal Definition

Trademark application is a document by which a person requests a federal trademark registration. To receive a filing date, an application must include essentials such as :

  • the applicant's name,
  • a name and address for correspondence,
  • a clear drawing of the mark sought to be registered,
  • a list of the goods or services, and
  • the application filing fee.

For filing a trademark application, many legal requirements are to be satisfied within strict time deadlines. The U.S. Patent and Trademark Office (USPTO) encourage online filing of trademark applications through the Trademark Electronic Application System (TEAS) on its website at www.uspto.gov.

Different types of trademark applications can be filed, such as :

  • A use-based application can be filed if the applicant is using the mark in U.S. commerce.
  • An intent-to-use application can be filed if the applicant has a genuine intent to use the mark in the U.S. in the future. However, in such cases, the mark will not be registered until the applicant proves use.
  • A Section 44 application can be filed by an applicant who has a genuine intention to use the mark in commerce and who has either applied to register, or has registered, the mark in the applicant’s country of origin.
  • A Section 66 application can be filed under the Madrid Protocol. This type of application is filed through an extension of protection from an International Registration with the World Intellectual Property Organization (WIPO). Such applications are not filed with the USPTO directly.