Filing Basis
Specifies whether the mark is already in commerce (use) or intended for future use (intent-to-use), which affects subsequent proof requirements and deadlines.
Federal registration provides nationwide priority, a presumption of ownership and validity, and stronger enforcement tools in federal court and customs. It streamlines licensing, assignment records, and use of the registered mark symbol while improving deterrence against infringers.
Filings are commonly prepared by business owners, in-house counsel, and trademark practitioners; each role has different responsibilities during preparation and prosecution.
Choosing the right preparer affects search quality, description precision, filing basis selection, and the ability to respond to USPTO Office Actions on time.
Specifies whether the mark is already in commerce (use) or intended for future use (intent-to-use), which affects subsequent proof requirements and deadlines.
Legal owner name and entity type must be accurate to establish standing, enable assignment recording, and ensure clear chain-of-title.
A precise, class-based description limits coverage and reduces the risk of refusal for being overly broad under USPTO standards.
Acceptable specimens (for use basis) or a compliant drawing (for standard character marks) demonstrate actual use or depict the mark clearly.
A signed, declared statement attesting to accuracy and use (where required) is mandatory; electronic signature options are supported by TEAS.
Per-class filing fees must be paid at submission; choose the correct TEAS form (Plus, RF, or Standard) to match fee and requirements.
| Field | Configuration | Recommended setting |
|---|---|
| Applicant Name | Required, exact legal name |
| Goods/Services | Use targeted class descriptions |
| Specimen Upload | Accept PDF/JPEG, high resolution |
| Signer Authentication | Email + two-factor recommended |
Select a platform that supports PDF, high-resolution image files, and secure signer authentication to match USPTO and internal audit needs.
Typically 3–4 months from filing to first office action.
Respond within 6 months to avoid abandonment.
Occurs after allowance; open to opposition for 30 days.
Due within 6 months of Notice of Allowance; extensions available.
Section 8 and 9 filings due at 5–6 years and every 10 years.
| Criteria | TEAS Online | Paper Filing |
|---|---|---|
| Filing Speed | faster | slower |
| Signature Type | electronic signature accepted | wet signature required |
| Specimen Upload | yes, digital upload | physical specimen mailed |
| Tracking | real-time status online | mail and manual updates |
| 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 | Varies by vendor | Varies by vendor | Varies by vendor | Varies by vendor |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |
A founder conducts a clearance search and files under Intent-to-Use to reserve a mark while preparing packaging.
A law firm prepares an application with tailored identification language and submits high-quality specimens to reduce objections.