USPTO Application: Filing, Types, Legal Help
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Quick Facts — USPTO Application Lawyers
- Lawyers available: 139 trademark lawyers
- Clients helped: 191 recent USPTO application projects
- Avg lawyer rating: 5.0 (33 reviews)
What is a USPTO Application?
The USPTO is the United States Patent and Trademark Office. If you have a patent or trademark that you wish to register, you will file it with this authority. There are different requirements for both types of applications, depending on what you need.
Read the rest of this article to learn more about USPTO applications, how they work, and when to consult a lawyer for guidance.
When Do You Need to File a Patent Application?
Getting a U.S. patent ensures you have the right to prevent other people from copying or using your patent without your permission. You might need a patent if you’ve invented something, such as a process or machine, or you have an original design for a manufactured item.
How Do You File a Patent Application?
To start your patent application, on the USPTO website you’ll set up an account and verify your identity.
You’ll then need to know what kind of patent you want to apply for. This could be a:
- Provisional application. This type of patent gives you 12 months of patent pending status so that you can continue developing your patent.
- Non-provisional utility application. This is a more formal, complete, application for a patent.
Supporting documents you’ll require during the application process include:
- A detailed description of your invention.
- Drawings of the invention should these be required.
- A claim. This is a statement that explains the invention scope and what the patent covers.
- Declaration. This could be required, such as for plant patents. You’ll have to state that you have reproduced or found the plant in question.
Once you’re ready to file your application, visit the USPTO’s Patent Center. When completing your application, you’ll have to pay fees for filing, examination of the application, and patent searches. The cost varies depending on the type of patent.
When Do You Need to File a Trademark Application?
A trademark application is advantageous when you want to secure brand protection for names and logos appearing on goods/services you’re selling. A trademark prevents other companies from being able to use your mark, while helping you have a strong presence in the market.
How Do You File a Trademark Application?
These are the steps to follow when you want to apply to register your trademark.
1. Set up an account on the USPTO website and access the Trademark Center.
2. Conduct a trademark search. This is a valuable step you shouldn’t skip. You can conduct a search directly on the USPTO website to see if there are any conflicting trademarks that have already been registered.
3. Correctly identify your goods or services. You will have to choose the class for your goods.
4. Identify your trademark format. You should specify if your trademark is a standard character mark, a sound mark, or a design mark.
5. Provide a drawing of the trademark.
6. Choose the application filing basis.
For your filing basis, there are four possible options from which to choose:
a) Use in commerce basis. Choosing this means that you are already using your trademark in commerce with your goods or services.
b) Intent-to-use basis. This means you have the good intention to use your trademark in commerce for your specific goods or services.
c) Foreign registration basis. If you own a foreign registration of the same mark from your country of origin, you’ll file this basis.
d) Foreign application basis. This applies to you if you own a previously filed foreign application which you filed within six months of your U.S. application for the same trademark and the same goods/services.
Besides the above, you might also need a verified statement. It applies if you want to file an intent-to-use application, for example. The statement must explain that you have a bona fida intention to use the trademark in commerce.
After filing your trademark application, you will also have to pay a fee. This is usually $350 per class.
Do You Need a Lawyer for a USPTO Application?
If you’re applying for a patent or trademark, it’s advisable that you hire a lawyer to help you with the process.
- For patent applications: you’ll need to have in-depth knowledge of patent laws as well as the USPTO’s rules. A lawyer can help you with this so that you get the protection you need.
- For trademark applications: although it’s not required to have a lawyer, it’s advisable. They will be able to guide you through the application process. They know all the trademark rules and what the USPTO requires, saving you time and preventing mistakes.
Here are some ways in which a lawyer can help you with patent and trademark applications:
- A lawyer will assess if your patent or trademark is valid.
- They’ll conduct clearance searches or patent searches to ensure that there are no similar inventions or marks that already exist. This will help you reduce your infringement risk.
- They’ll advise you on the right type of protection you need. For example, for patents, they’ll help you decide if you should opt for a utility or design patent.
- They’ll draft a strong application to reduce the risk of it not being accepted. This includes writing declarations or statements so that they’re professional and legal.
- They’ll handle any official rejections or queries for your application.
Where to Find a Lawyer for a USPTO Application
If you need to hire a lawyer for help with a patent or trademark application, you should consult a lawyer on an online legal platform like ContractsCounsel.
As one of the largest online legal marketplaces connecting clients with experienced, vetted lawyers, the platform provides you with a range of lawyer information to help you select the best professional for your requirements. You can review the lawyers’ profiles according to their expertise, credentials, years of experience, previous projects they’ve completed, and client ratings.
See Real Trademark application Projects
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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
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Meet some of our USPTO Application Lawyers
Daehoon P.
Daehoon P.
Corporate, M&A & Securities Lawyer | Managing Attorney, DP Counsel PLLC Practice Areas: Business Formation | Commercial Contracts | Contract Drafting & Review | Mergers & Acquisitions | Venture Capital | Securities Offerings | Franchise Law | Employment & Equity Compensation | Intellectual Property | Cross-Border Transactions About/Bio: I represent companies, investors, and fund sponsors in corporate transactions, commercial contracting, and private securities matters, from entity formation and early-stage financings to acquisitions, exits, and ongoing strategic counsel. As Managing Attorney of DP Counsel PLLC, I help clients structure transactions clearly, allocate risk thoughtfully, and move deals forward with documentation that is practical, enforceable, and aligned with business objectives. My practice includes both day-to-day commercial matters and more complex transactional work, including venture financings, private offerings, M&A deals, fund-related documents, and cross-border structuring. What I Do: Corporate & Commercial • Entity formation and structuring for corporations, LLCs, and limited partnerships • Operating agreements, shareholder agreements, and governance documents • Commercial contract drafting, review, and negotiation • Vendor, distribution, manufacturing, SaaS, and licensing agreements • Employment, consulting, confidentiality, and equity compensation agreements • Outside general counsel support for growing companies Securities & Private Capital • Private offerings under Regulation D and Regulation S • Private placement memoranda, subscription agreements, and investor documents • SAFE, convertible note, and priced equity financings • Venture capital and private fund formation matters • Fund governing documents and offering document packages • Securities law analysis for private capital raising transactions Mergers & Acquisitions • Letters of intent and term sheets • Stock purchase, asset purchase, and merger agreements • Due diligence coordination and transaction support • Disclosure schedules, closing documents, and post-closing matters • Earnouts, rollover equity, indemnity structures, and related deal terms • HSR, CFIUS, and related regulatory issue spotting for qualifying transactions Digital Assets & Emerging Technologies • Federal-law digital asset and token securities analysis • Entity structuring for blockchain and Web3 ventures • Digital asset fund and operating structures • AML/KYC documentation support and regulatory issue spotting Franchising • Franchise Disclosure Documents (FDDs) • Franchise agreements • Master franchise and area development agreements • Franchise structuring and registration coordination Real Estate Transactions • Commercial real estate acquisitions and dispositions • Real estate joint ventures and syndications • Commercial lease drafting and negotiation • Real estate investment structures and related offering documents Cross-Border & International • U.S. market entry and entity structuring for international clients • Delaware and multi-entity holding structures • Cross-border transaction planning and documentation • Coordination with foreign counsel and tax advisors on cross-border matters Why Clients Hire Me: • Big-law-level drafting with boutique responsiveness • Practical, business-focused advice grounded in execution reality • Clear scoping and transparent fee arrangements • Experience across financings, acquisitions, fund formations, and cross-border transactions Typical Projects: • Contract drafting and negotiation • Entity formation and governance packages • Private offering document suites • Venture financing documentation • M&A transactions from LOI through closing • Fractional or outside general counsel support Industries Technology | SaaS | FinTech | Digital Assets | E-commerce | Healthcare | Real Estate | Food & Beverage | Professional Services
"Very knowledgeable and helpful. Was able to meet our needs promptly and comprehensively."
Danny J.
I have had my own law practice since 2014 and I enjoy solving my clients’ problems. That’s why I constantly stay on top of the latest developments in the law and business of startups, entertainment, art, intellectual property, and commercial enterprise. I constantly keep learning because everything I learn helps me make my client’s life better. I assist clients in all aspects of copyright, trademark, contract, trade secret, business, nonprofit, employment, mediation, art, fashion, and entertainment law. Even though I am licensed to practice law in NY, I have worked for clients all over the country and even in Europe, Africa, and Latin America. No matter the client, I always look for ways to protect their assets, artworks, businesses, and brands with strategies to help them grow. I am a fluent bilingual legal professional who can analyze complex legal and business problems and solve them creatively for the benefit of my clients. I am detail-oriented and attentive which makes me excellent at negotiating, drafting, and revising all types of agreements and deals. I advise creatives and companies on intellectual property issues, risk management, and strategic planning. My clients love what I do for them because I employ a practical, client-tailored, and results-oriented approach to their case, no matter how small.
"Danny did a great job helping me with a partnership withdrawal agreement. He was quick and supportive during a challenging time."
Tabetha H.
I am a startup veteran with a demonstrated history of execution with companies from formation through growth stage and acquisition. A collaborative and data-driven manager, I love to build and lead successful teams, and enjoy working full-stack across all aspects of the business.
"Tabetha provided feedback on a legal document in a timely and thorough manner. I plan to use her services going forward."
Dan "Dragan" I.
I received a bachelor’s degree in philosophy from Northwestern University in 1996 and then got my JD at University of Illinois College of Law in 1999. I have been a lawyer helping people with legal issues in the United States and Internationally since then. That includes drafting and reviewing contracts. I am also passionate about helping small and medium businesses with trademark registration and trademark-related legal projects. The law can be confusing and complicated for people, and I am passionate about providing professional legal services to my clients while simultaneously making the legal process less confusing and stressful for them. My goal is to help clients navigate through both good and difficult times by tailoring my skills, experience, and services to their specific needs.
"Dan was excellent to work with on my trademark application. He was responsive, knowledgeable, and took the time to make sure the filing strategy and description were structured correctly for my business. I especially appreciated how easy he was to communicate with and how clearly he explained the process and my options along the way. He was thorough without overcomplicating things, and I always felt like the application was being handled carefully. I would definitely recommend Dan to anyone looking for help with a trademark filing and would be happy to work with him again in the future."
O.T. W.
Hi, my name is O.T. and I own The Walker Collective, a law firm that caters to the contractual, intellectual property, and business formation needs of creative entrepreneurs and small business owners. I am licensed to practice in Maryland and New York.
"O.T was very personable, knowledgable, and resourceful. Would definitely use her again!"
Octavia P.
I am a business law attorney with over 15 years’ experience and a strong background in information technology. I am a graduate of the University of California Berkeley, a member of the Illinois bar, New York bar and a licensed lawyer (Solicitor) of England and Wales. I actively partner directly with my clients or indirectly, as Of Counsel, to boutique law firms to streamline business practices and manage legal risks by focusing on essentials such as - business contracts, corporate structure, employment/independent contractor agreements, website terms and policies, IP, technology, and commercial related agreements as well as business risk and compliance guidance.
"Octavia P. is very responsive and knowledgeable. She was able to make changes for me in less than a day, and was able to make adjustments and changes as needed."
Sean D.
Accomplished and results-driven business attorney with extensive experience in commercial real estate / project finance, commercial transactions, and entity formations, that possesses a winning blend of subject matter expertise, skill in client relationship management, and practical experience. Leverages a unique mix of legal, strategic, and analytical expertise that consistently meets and surpasses client expectations. Specialties: Commercial Real Estate Law, Contract Negotiation, Entity Formation, Joint Ventures, Procurement, Lease/Buy/Sell Transactions, Business Consultations, Team Leadership, and Economic Development
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Browse Lawyers NowLawyer Reviews for USPTO Application Projects
ProfChat Logo Trademark Filing
"Second time working with Nick. Highly professional and responsive."
Early-Stage AI SaaS Startup — Legal Package
"Nice job"
Reply From Allen L.
Thank you, Kendrick — the AI SaaS startup legal package was a substantive project and I appreciate the kind words. Come back whenever the next stage of ClearPath needs legal support. Allen
View MoreFile a Simple Trademark Application for a Software-based Startup in the Aviation Industry
"Great to work with!"
Support with registering a trademark (product name & product logo)
"Great, timely and thorough communication. Highly recommended for trademark applications."
Reply From Dan "Dragan" I.
It was a pleasure working with you, and I look forward to a successful completion of the trademark process.
View MoreResponse to Trademark Office Action ("Likelihood of Confusion")
"Dan has been great to work with and has kept me completely informed throughout this process."
Reply From Dan "Dragan" I.
Thank you for the kind words. I look forward to working with you again.
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Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed to file a trademark application?
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ContractsCounsel User
Prepare & File Trademark/Copyright Application for Children's Play Space in Ridgefield, WA
Location: Washington
Turnaround: A week
Service: Prepare & File
Doc Type: Trademark application
Number of Bids: 6
Bid Range: $150 - $1,500
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