USPTO Application: Filing, Types, Legal Help
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Quick Facts — USPTO Application Lawyers
- Lawyers available: 136 trademark lawyers
- Clients helped: 175 recent USPTO application projects
- Avg lawyer rating: 5.0 (29 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
Virginia Prepare Trademark Intent to Use Application Prepare & File
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Washington Prepare & File Trademark/Copyright Application for Children's Play Space in Ridgefield, WA Prepare & File
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Michigan File a Trademark Application x4 Prepare & File
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Georgia Trademark Filing for SaaS Marketplace Prepare & File
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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.
Need to file a trademark application?
Meet some of our USPTO Application Lawyers
John M.
John Mercer is a distinguished corporate counsel who is well-known for turning legal challenges into strategic assets. He possesses a deep understanding and expertise in intellectual property (IP), compliance, and corporate law, particularly in the pharmaceutical and biotechnology sectors. His proficiency lies in transforming legal complexities into strategic advantages, ensuring operational excellence, and driving innovation forward. John excels at safeguarding an organization's legal interests and integrity, ensuring operations adhere to the law. As a strategic leader, John excels at safeguarding an organization’s legal interests and integrity, ensuring operations adhere to the law. He also brings immense value to his profession through his skills in drafting, negotiating, and managing significant agreements that secure organizational interests with widespread industry impact. His unparalleled expertise in legal advisories significantly enhances compliance and develops risk management frameworks that protect and advance company ambitions. Moreover, John's command over patent and trademark portfolios, alongside his ability to drive innovation initiatives and design incentive schemes, substantially bolsters intellectual property prowess. John's areas of expertise are extensive, covering skills vital to corporate law, legal contract negotiations, material transfer agreements, and more. He is particularly adept in regulatory compliance, legal consulting, clinical trials, biotechnology, patents, and patent portfolio analysis, to name a few. His leadership is complemented by active listening, analytical thinking, problem-solving abilities, and other soft skills that make him a leader and visionary.
"Thank you John, I appreciate your very personal effort with quality and practicality in mind."
Allen L.
Clear, strategic legal guidance when you need it most—whether you're planning ahead or defending a position. Legal challenges shouldn't feel confusing or overwhelming. Whether you're building an estate plan, structuring a business, or navigating a dispute, my practice is built on clarity, care, and practical strategy. I work with clients who want real solutions—not just paperwork—through planning and advice that truly fits their goals, families, and businesses. Planning & Structure I focus on estate planning, asset protection, and business succession, helping individuals and entrepreneurs organize their assets, reduce risk, and prepare for every stage of life. Whether you're setting up your first living trust, shielding your business from liability, or updating an existing estate plan, you'll receive clear guidance, fixed-fee pricing, and responsive support from start to finish. Each plan I design is tailored to your real-world priorities: preserving wealth, avoiding unnecessary taxes and probate, and ensuring the people you love are protected when it matters most. I also focus on general business matters outlined below. Disputes & Defense When legal conflicts arise—disputed contracts, demand letters, settlement negotiations, or litigation decisions—I provide realistic risk assessment and strategic guidance. I help clients understand their actual exposure (not just best-case scenarios), identify leverage points, and navigate toward efficient resolution. If you're facing a legal claim or need to evaluate your position before responding, I can walk you through the realistic options and their costs. Services: Estate Planning & Asset Protection --Simple wills and powers of attorney --Living trusts for small estates --Buy-sell agreements for family businesses Business Formation & Agreements --LLC or S-Corp formation filings --Operating Agreements / Shareholder Agreements --Founder or Investor Agreements --Bylaws and Minutes templates --Registered agent setup guidance Contracts & Commercial Matters --Service Agreements (consulting, marketing, software, design, etc.) --Independent Contractor Agreements --Employment contracts and offer letters --Non-compete, non-solicitation, or confidentiality agreements --Employee handbooks or HR policy updates --Termination or severance agreements --NDAs (Non-Disclosure Agreements) --Partnership or Joint Venture Agreements --Sales or Vendor Contracts --Licensing or IP Agreements Terms and conditions SaaS Platforms --Terms of Service --Privacy Policy --Independent Contractor Agreements --Customer/User Agreements --Liability Waivers --Cancellation & Refund Policy --Non-Solicitation Clauses --Marketplace compliance documents Real Estate --Commercial lease drafting or review --Residential lease review --Purchase & sale agreements --Short-term rental (Airbnb) contracts --Property management agreements Professional Approach: I leverage modern legal research and writing technologies—including AI-assisted tools—to enhance the quality, speed, and clarity of my analysis. Like many legal professionals today, I use these tools to organize research, improve communication, and catch errors. On research tools: case law and statutory verification runs through a vLex/Fastcase subscription, and drafting and first-pass review is AI-assisted. Every analysis I provide is thoroughly reviewed and reflects my independent professional judgment as a licensed attorney. AI is a tool that supports my work; it does not replace it.
"Allen is an exceptional legal professional. He reviewed a complex commercial lease on my behalf, bringing thoughtful recommendations and comprehensive revisions that genuinely protected my interests as a tenant. He patiently addressed all my questions throughout, and his responsiveness was outstanding which critical in commercial leasing, where things move fast. The service exceeded my expectations. I'd use Allen again without hesitation and recommend him highly to anyone needing sharp, reliable legal counsel."
Daniel R.
NY Admitted Lawyer 20+ years of experience. Focused on Startups , Entrepreneurs, Entertainers, Producers, Athletes and SMB Companies. I have been a part of numerous startups as Founder, CEO, General Counsel and Deal Executive. I have been through the full life cycle from boot strap to seed investors to large funds-public companies to successful exit. Let me use my experiences help you as you grow your business through these various stages. We saw a market for an on-line platform dedicated to Virtual General Counsel Services to Start Ups and Private Companies.
"Quick and he found a number of things we were missing. Thanks."
Valerie I.
Miami-based transactional attorney specializing in corporate governance, contract drafting and negotiation, intellectual property, family law, and other general counsel assistance.
"Valerie was knowledgeable, responsive, and thorough in reviewing my 1099 contractor agreement. She explained everything clearly and made sure my interests were protected. Highly recommend her for independent contractor agreements."
Ralph S.
Ralph graduated from University of Florida with his JD as well as an LLM in Comparative Law. He has a Master's in Law from Warsaw University , Poland (summa cum laude) and holds a diploma in English and European Law from Cambridge Board of Continuous Education. Ralph concentrates on business entity formation, both for profit and non profit and was trained in legal drafting. In his practice he primarily assists small to medium sized startups and writes tailor made contracts as he runs one of Florida disability non profits at the same time. T l Licensed. in Florida Massachusetts and Washington DC this attorney speaks Polish.
"Ralph was very nice and did a great job drafting my website's Terms and Privacy documents. Would hire him again for future work."
Janice K.
Twenty-plus years experience in family law, employment law, public agency law, federal, state and local contracts drafting and review, appellate practice.
"Janice was friendly, kind and efficient. She always held my best interest in mind and was very respectful and helpful at all times. Thank you so much Janice!"
August 30, 2023
Massa M.
Highly disciplined attorney with over seven years administrative litigation experience. Capable of analyzing complex research, data, and documentation to prepare and represent individuals in sensitive cases. Recognized as a leader with the ability to perform work both autonomously and collaboratively as a member of a diverse legal team. Great problem-solving skills, strong multitasking capabilities and works well under strict deadlines. A professional with a sense of humor, strong work ethic and ability to build trust across all levels.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for USPTO Application Projects
Prepare & File Trademark application
"Knowledgeable, Patient, and Responsive Attorney at a Fair price. Was a pleasure working with Dan. Would recommend!"
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 MoreTrademark filing needed asap
"Loved working with Nicholas. Super responsive. Super awesome!"
Trademark
"Great communication and was very easy to work with. This is your guy."
Trademark and copyright filings for new company
"Dragan is fantastic - patient, accommodating, and dealt with the complex details of our situation! Would highly recommend."
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
File a Trademark Application x4
Location: Michigan
Turnaround: Less than a week
Service: Prepare & File
Doc Type: Trademark application
Number of Bids: 7
Bid Range: $250 - $5,950
ContractsCounsel User