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Trademark Application for Registration

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STATE OF MONTANA

APPLICATION for REGISTRATION of MARK
(Trademark - Service Mark)

MAIL:
BRAD JOHNSON
Secretary of State
P.O. Box 202801
Helena, MT 59620-2801

PHONE: (406)444-3665

FAX: (406)444-3976

WEB SITE: sos.mt.gov

Prepare, sign, submit with an original signature and filing fee

This is the minimum information required

(This is space for use by the Secretary of State only)

Filing Fee: $20.00

24 Hour Priority Filing Add $20.00

1 Hour Expedite Filing Add $100.00

For the purpose of registering a mark in the State of Montana, according to the provision of 30-13-311, MCA, the undersigned submits the following statements of fact to the Secretary of State:

1. The words, letters, numbers “with design” or “design only" are:

2. Three specimens (photocopies are acceptable) showing the mark actually used are attached OR check
this box if you wish to trademark the words only (no specimens required)

3. The goods or services connected with the mark are:

4. (Mode or manner means how the mark is used or where it is located on goods or related to services.) The
mode or manner in which the mark is used in connection with the goods or services is:

5. Class Number

Identify the number(s) of the class(s) that best describes the goods or
services from list on back of page. PLEASE NOTE: A separate registration form must be used and
an additional registration fee must be submitted for each class if you are registering more than one
class for this mark.

6. Complete BOTH A. and B below! The date the mark was first used by the applicant or the predecessor
in the same business is:

A) Date first used ANYWHERE
(Mo/Day/Yr)

B) Date first used in MONTANA
(Mo/Day/Yr)

Date first used anywhere must be the same or earlier than the date first used in Montana.

7. The name and street address of the applicant is:

(Street address) (City or town) (Zip code)

8. The applicant is:

An individual.

A corporation. Identify name of state where incorporated.

An association. Attach names of members and state of organization.

A partnership. Attach the names of partners and state of organization.

A limited liability company. Identify the state of organization.

A limited liability partnership. Identify the state of organization.

A limited partnership. Identify the state of organization.

9. The applicant states, under penalty of perjury, that the applicant is the owner of the mark, that the
mark is in use, and that, to the knowledge of the person verifying the application, no other person has
registered the mark, either federally or in this state, or has the right to use the mark either in the
identical form or in a form that so nearly resembles the mark as to be likely, when applied to the goods
or services of the other person, to cause confusion, to cause mistake, or to deceive.

Signature and title Date

Must be signed by the applicant or a member of the firm or Limited Liability Company or an
officer of the corporation or association applying for the trademark registration.

P:\New\trademark\71-Trademark_Application_for_Registration.doc

Revised: 8/29/2006

GENERAL CLASSES OF GOODS & SERVICES
ADOPTED FROM THE UNITED STATES PATENT AND TRADEMARK OFFICE

A SINGLE APPLICATION FOR REGISTRATION OF A MARK MAY INCLUDE ANY OR ALL GOODS UPON WHICH, OR SERVICES WITH WHICH, THE MARK IS ACTUALLY BEING USED INDICATING THE APPROPRIATE CLASS OR CLASSES OF GOODS OR SERVICES. When a single application includes goods or services that fall within multiple classes, the applicant must use more than one form and list one class per form. The applicant will be required to pay the additional registration amount for each class and each form.

GOODS

1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

5. Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.

8. Hand tools and implements (hand operated); cutlery; side arms; razors.

9. Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

12. Vehicles; apparatus for locomotion by land, air or water.

13. Firearms; ammunition and projectiles; explosives; fireworks.

14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.

15. Musical instruments.

P:\New\trademark\71-Trademark_Application_for_Registration.doc

Revised: 9/1/2006

16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.

17. Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

19. Building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.

20. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

21. Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; un-worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

23. Yarns and threads, for textile use.

24. Textiles and textile goods, not included in other classes; beds and table covers.

25. Clothing, footwear, headgear.

26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

28. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.

30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

31. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

32. Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

33. Alcoholic beverages (except beers).

34. Tobacco; smokers' articles; matches.

P:\New\trademark\71-Trademark_Application_for_Registration.doc

Revised: 9/1/2006

SERVICES

35. Advertising; business management; business administration; office functions.

36. Insurance; financial affairs; monetary affairs; real estate affairs.

37. Building construction; repair; installation services.

38. Telecommunications.

39. Transport; packaging and storage of goods; travel arrangement.

40. Treatment of materials.

41. Education; providing of training; entertainment; sporting and cultural activities.

42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.

43. Services for providing food and drink; temporary accommodations.

44. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

45. Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.

All information provided, including names and addresses of officers and directors, will be made available
on the Secretary of State's web site or upon request

Please be advised that the Business Services Bureau of the Montana Secretary of State will process your
business documents within 10 working days of initial receipt. During this period if it's determined that
your document doesn't meet statutory requirements, a letter outlining the deficiencies will be returned to
the original submitter. If the document is complete and correct, the document will be filed and an
acknowledgment copy showing completion returned to the original submitter.

P:\New\trademark\71-Trademark_Application_for_Registration.doc

Revised: 9/1/2006

Enter text

What the Trademark Application for Registration Is

A Trademark Application for Registration is the formal filing submitted to the United States Patent and Trademark Office (USPTO) to register a trademark for goods or services. The application records the mark, owner, goods/services description, filing basis, and any specimen of use or intent-to-use evidence. Federal registration creates a public record and provides nationwide presumptions of ownership and exclusive rights, subject to examination, publication, and potential opposition by third parties.

Why Filing a Federal Trademark Application Matters

Federal registration strengthens enforcement rights, creates constructive nationwide notice, and supports use in commerce disputes and licensing. It also enables use of the registered mark symbol and can serve as a basis for foreign filings.

Why Filing a Federal Trademark Application Matters

Who Typically Prepares and Files the Application

Small business owners, in-house counsel, and trademark attorneys commonly prepare USPTO trademark filings to secure exclusive rights and avoid conflicts.

  • Small business founders and brand managers who need national protection and want to prevent confusion in the marketplace.
  • Corporate legal teams and outside trademark counsel handling portfolios, oppositions, and clearance assessments before filing.
  • Independent inventors or service providers who want priority for a name, logo, or tagline across the United States.

Filers with limited experience often partner with a trademark attorney to handle classification, specimen drafting, and responding to Office Actions.

Step-by-Step: Filing a Trademark Application

Follow these sequential steps to assemble and submit a complete USPTO application.

  • 01
    Prepare Mark: Confirm exact wording or upload the logo image.
  • 02
    Classify Goods: Choose the appropriate international class and plain-language description.
  • 03
    Select Basis: Choose Use in Commerce or Intent-to-Use basis.
  • 04
    Submit via TEAS: Complete the USPTO TEAS form and pay the filing fee.

Core Sections Included in a Professional Application

A complete application groups key data elements so examiners can assess registrability and claim priority appropriately.

Owner Details

Legal name, entity type, and address of the trademark owner; critical for chain-of-title and assignment records.

Mark Representation

Exact word mark or image file for a design mark; controls the scope of rights examined and enforced.

Goods/Services

Detailed description mapped to an international class; specificity reduces likelihood of a refusal for vagueness.

Filing Basis

Use in Commerce or Intent-to-Use selection with relevant dates or later Statement of Use obligations.

Specimen

Real-world example showing use in commerce (labels, packaging, website screenshots) when filing on a use basis.

Signature Block

Authorized signatory name and date; attorney or owner signature certifying accuracy and good faith.

Required Information and Standard Fields

Owner Name: Exact legal name
Address: Street, city, state, ZIP
Email: Active contact email
Mark: Word or image file
Class: International class number
Specimen: Evidence of commercial use

Where to File and How Submission Works

Trademark applications are filed electronically through the USPTO TEAS portal; supporting documents and fees are submitted during the online workflow.

  • Online Filing: Use USPTO TEAS form to submit the application.
  • Fee Payment: Pay filing fees via credit card or EFT in the TEAS flow.
  • Office Examination: USPTO examines for conflicts, descriptiveness, and statutory compliance.
  • Publication: Approved marks publish for third-party opposition before registration.

How to Configure an Online Filing Workflow

Set up a repeatable online workflow to collect owner data, signatures, and specimens before TEAS submission.

Field Configuration
Owner Contact Required field; validate email format
Specimen Upload Accept JPG, PNG, PDF; set max file size
Signature Collect signer name and electronic signature
Authentication Use email or SMS code for signer verification

Digital Signing and Delivery Requirements for eSubmissions

Choose a platform that supports PDF, DOCX, and secure audit trails for authentication and record retention.

  • File Formats: PDF and DOCX accepted; keep originals archived
  • Authentication: Email, SMS, or multi-factor options improve attribution
  • Integrations: Connectors for Google Drive, Microsoft 365, and NetSuite ease document collection

Ensure the chosen solution supports ESIGN/UETA compliance, preserves an uneditable audit trail, and meets any industry-specific privacy obligations.

Key Deadlines and What to Expect

Monitor official USPTO notices carefully; several time-limited responses are routinely required during examination and post-allowance stages.

Respond to Office Action:

Meet the response deadline specified in the notice to avoid abandonment.

Statement of Use Deadline:

For intent-to-use filings, file a Statement of Use by the deadline indicated by the Notice of Allowance.

Publication Period:

After examination, the mark publishes for a statutory opposition window.

Renewal and Maintenance:

Follow USPTO maintenance filing schedule to keep registration active.

Record Transfers:

Record assignments promptly to preserve clear chain-of-title.

Milestones from Filing to Registration

A typical application moves through these sequential stages from submission to final registration or refusal.

01

Filing Submitted

Application accepted and fee processed by USPTO.

02

Examiner Review

Assigned to an examining attorney for substantive review.

03

Publication

Approved applications publish for third-party oppositions.

04

Registration Issued

If unopposed or resolved, the USPTO issues the certificate.

Common Preparation Mistakes to Avoid

  • Vague goods descriptions that invite examiners to refuse for over-breadth or ambiguity.
  • Mismatched owner names or incorrect entity types that complicate recordation and ownership proofs.
  • Submitting insufficient or non-representative specimens that fail to show actual use in commerce.
  • Missing response deadlines for Office Actions or Notices of Allowance leading to abandonment.

Consequences of an Incomplete or Incorrect Application

Application Abandonment: Loss of filing rights
Refusal: Mark denied registration
Opposition: Third-party challenges and litigation
Fee Loss: Filing fees nonrefundable
Priority Loss: Weak or lost priority date
Enforcement Issues: Weaker protection in disputes

Practical Tips for Accurate and Efficient Filing

Follow these practices to reduce delays, avoid Office Actions, and preserve enforcement value.

Conduct a Clearance Search
Perform a comprehensive search before filing to reduce likelihood of conflicts and oppositions; document the search methodology and results for internal records and counsel review.
Use Specific Descriptions
Draft goods and services with targeted wording and avoid sweeping terms; specificity narrows examiner scrutiny and can speed registration.
Preserve Evidence of Use
Keep dated examples of the mark's public use (labels, packaging, screenshots) to support use-based filings and to respond to inquiries.
Track Deadlines Closely
Calendar USPTO deadlines, including response windows and Statement of Use deadlines, to prevent abandonment and preserve rights.

eSignature Vendor Comparison for Trademark Workflows

Common vendor features that matter for trademark filings include per-user pricing, trial availability, bulk send, audit trails, and HIPAA support for healthcare-related specimens.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no card required Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes No No

Frequently Asked Questions and Practical Answers

Answers to common filing and eSignature questions for the Trademark Application for Registration.


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