USPTO Application: Filing, Types, Legal Help
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Quick Facts — USPTO Application Lawyers
- Lawyers available: 136 trademark lawyers
- Clients helped: 174 recent USPTO application projects
- Avg lawyer rating: 5.0 (28 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
- Virginia
- 7 lawyer bids
- $650 - $2,349
Washington Prepare & File Trademark/Copyright Application for Children's Play Space in Ridgefield, WA Prepare & File
- Washington
- 6 lawyer bids
- $150 - $1,500
New York Support with registering a trademark (product name & product logo) Prepare & File
- New York
- 13 lawyer bids
- $600 - $7,500
Oregon Trademark for Digital and Streaming Goods Brand Prepare & File
- Oregon
- 8 lawyer bids
- $450 - $1,495
See all Trademark application projects
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
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."
Gregory B.
I love contracts - and especially technology-related contracts written in PLAIN ENGLISH! I've worked extensively with intellectual property contracts, and specifically with IT contracts (SaaS, Master Subscriptions Agreements, Terms of Service, Privacy Policies, License Agreements, etc.), and I have built my own technology solutions that help to quickly and thoroughly draft, review and customize complex contracts.
"Its been great working with Greg, he is detailed, experienced and has great communication. I highly recommend."
Jason P.
Jason is a self-starting, go-getting lawyer who takes a pragmatic approach to helping his clients. He co-founded Fortify Law because he was not satisfied with the traditional approach to providing legal services. He firmly believes that legal costs should be predictable, transparent and value-driven. Jason’s entrepreneurial mindset enables him to better understand his clients’ needs. His first taste of entrepreneurship came from an early age when he helped manage his family’s small free range cattle farm. Every morning, before school, he would deliver hay to a herd of 50 hungry cows. In addition, he was responsible for sweeping "the shop" at his parent's 40-employee HVAC business. Before becoming a lawyer, he clerked at the Lewis & Clark Small Business Legal Clinic where he handled a diverse range of legal issues including establishing new businesses, registering trademarks, and drafting contracts. He also spent time working with the in-house team at adidas® where, among other things, he reviewed and negotiated complex agreements and created training materials for employees. He also previously worked with Meriwether Group, a Portland-based business consulting firm focused on accelerating the growth of disruptive consumer brands and facilitating founder exits. These experiences have enabled Jason to not only understand the unique legal hurdles that can threaten a business, but also help position them for growth. Jason's practice focuses on Business and Intellectual Property Law, including: -Reviewing and negotiating contracts -Resolving internal corporate disputes -Creating employment and HR policies -Registering and protecting intellectual property -Forming new businesses and subsidiaries -Facilitating Business mergers, acquisitions, and exit strategies -Conducting international business transactions In his free time, Jason is an adventure junkie and gear-head. He especially enjoys backpacking, kayaking, and snowboarding. He is also a technology enthusiast, craft beer connoisseur, and avid soccer player.
"Very nice! Great on responding back and being available! Recommend 100% !"
Jeff C.
Experienced and broad based corporate/business attorney and Outside General Counsel (OGC), for start-ups, small businesses and growing companies of all sizes, advising and assisting clients with corporate and LLC formation, contracts and agreements, internet and terms of use/service agreements, trademarks and intellectual property protection, the purchase and sale of businesses (M&A), labor and employment matters, compliance and risk management, corporate governance, and commercial leasing matters. See other reviews on my website at www.ogcservices.net/reviews
"Jeff is quick, responsive and his work is excellent. I had a great experience, wouldn't hesitate to use his services again."
Odini G.
I am an accomplished attorney with more than 19 years of experience and extensive expertise in business negotiations, commercial contracts, and technology transactions. With a proven track record of providing strategic legal advice and delivering exceptional results, I have successfully assisted numerous clients in drafting, reviewing, and negotiating various business arrangements. My experience encompasses a wide range of areas, including intellectual property, data privacy and security, SaaS agreements, and software licenses. I co-founded a reputable general corporate law firm with three offices in Aspen, Atlanta, and New York. As a partner and attorney, I represented diverse clients, including start-ups, public corporations, investors, financial institutions, educational institutions, and non-profit entities. With a focus on delivering comprehensive legal solutions, I provided general counsel, expert dispute resolution, efficient litigation management, and skillful contract drafting and negotiations for businesses across industries.
"Incredibly detailed, great communication, perfect understanding of my needed output."
Alexander H.
I have been licensed to practice law in Florida since 1999. My work has centered on a wide range of family‑court matters, including divorce, child support, custody, paternity cases, and prenuptial agreements. I also handle broader family‑law services such as Last Will & Testaments, Powers of Attorney, and property‑related issues such as Quit Claim Deeds. In addition to family law, I have extensive experience in consumer bankruptcy law, such as Chapter 7 bankruptcy, and advising clients on issues such as wage garnishments, bank levies, foreclosure defense, repossessions, judgment enforcement, credit card lawsuits, and debt defense tactics. I regularly guide individuals on qualifying for bankruptcy, means‑testing, exemption planning, and strategies to protect assets in divorce and bankruptcy. I was recently quoted in the Shilo Sanders bankruptcy trial for USA Today. I developed the Family Law and Bankruptcy Law courses for a law school, and I am the author of Consumer Bankruptcy Law for paralegals and legal professionals, published by Routledge. I also teach business law, economics of law, and bankruptcy in both English and Spanish for an international university.
Brian J R.
Immigration expert with over 30 years’ experience focused on start-up companies H-1, L-1, E, O-1 visas. PERM and extraordinary ability immigrant visas. Complex family immigration cases and waivers. I also assist early stage comapnies in entity formation and general legal matters for start-up companies in the areas of Telehealth, Technology and International Trade.
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Browse Lawyers NowLawyer Reviews for USPTO Application Projects
File a Simple Trademark Application for a Software-based Startup in the Aviation Industry
"Great to work with!"
Trademark and copyright filings for new company
"Dragan is fantastic - patient, accommodating, and dealt with the complex details of our situation! Would highly recommend."
Trademark registration
"Very convenient and responsive. Appreciate his work and efforts"
Trademark
"Great communication and was very easy to work with. This is your guy."
Prepare & File Trademark application
"Knowledgeable, Patient, and Responsive Attorney at a Fair price. Was a pleasure working with Dan. Would 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
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
ContractsCounsel User