Guides trademark application preparation with class selection, specimen requirements, and filing checklists. Use when preparing to file a trademark with the USPTO.
Use this skill when you need to:
DO NOT use this skill as a substitute for legal advice. This is a preparation and organization tool. Consult a trademark attorney for complex filings or legal questions.
A TRADEMARK PROTECTS YOUR BRAND IDENTITY — PROPER PREPARATION REDUCES THE RISK OF OFFICE ACTIONS, REJECTIONS, AND WASTED FILING FEES.
| Input | What to Ask | Default |
|---|---|---|
| Mark |
| "What word, phrase, logo, or slogan are you trademarking?" |
| No default — must be provided |
| Mark type | "Is this a word mark, design mark (logo), or combined?" | Word mark |
| Goods/services | "What products or services does this brand name cover?" | No default — must be provided |
| Already in use? | "Are you already using this mark in commerce? If so, when did you first use it?" | Yes — currently in use |
| Geographic scope | "Filing in the US only, or international as well?" | US only (USPTO) |
GATE: Do not proceed without the mark and a description of goods/services.
## Trademark Classification
Based on your goods/services, the following classes apply:
| Class | Description | Your Goods/Services in This Class |
|-------|------------|----------------------------------|
| Class [X] | [Official class description] | [Specific goods/services] |
| Class [X] | [Official class description] | [Specific goods/services] |
### Common Classes for Solopreneurs
| Class | Covers | Examples |
|-------|--------|---------|
| 9 | Software, digital products | Apps, downloadable courses, SaaS |
| 16 | Printed materials | Books, workbooks, planners |
| 25 | Clothing | Branded merchandise, apparel |
| 35 | Business services | Consulting, marketing, coaching |
| 36 | Financial services | Financial consulting, accounting |
| 41 | Education/entertainment | Online courses, workshops, podcasts |
| 42 | Technology services | Web design, SaaS, IT consulting |
| 45 | Legal services | Legal consulting |
**Note:** Each class requires a separate filing fee. Only file in classes where you are using (or intend to use) the mark.
## Pre-Filing Search Checklist
Before filing, search for existing marks that could conflict:
- [ ] Search USPTO TESS database (tess2.uspto.gov) for identical marks
- [ ] Search for phonetically similar marks
- [ ] Search for similar marks in the same class(es)
- [ ] Search state trademark databases
- [ ] Search domain registrations and social media handles
- [ ] Search Google for businesses using similar names in your industry
**If you find a similar mark:** Consult a trademark attorney before proceeding. Filing against an existing mark wastes fees and may trigger opposition.
## Filing Basis
| Basis | Description | Requirements |
|-------|------------|-------------|
| **Use in Commerce (1a)** | Already using the mark in business | Must provide specimen + dates of first use |
| **Intent to Use (1b)** | Plan to use but have not yet | Must file Statement of Use later (additional fee) |
### Selected basis: [1a / 1b]
## Specimen Guidelines
A specimen shows the mark as used in commerce.
### For Goods (Products)
Acceptable: Product packaging, labels, tags, product photos showing the mark, screenshots of online store with mark on product listing
NOT acceptable: Business cards, letterhead, invoices, advertising
### For Services
Acceptable: Website screenshots showing the mark + service description, brochures, advertising, signage
NOT acceptable: Internal documents, mock-ups, unused designs
### Specimen Checklist
- [ ] Specimen clearly shows the mark as filed
- [ ] Specimen shows the mark in connection with the goods/services
- [ ] Specimen is from actual commercial use (not a mock-up)
- [ ] Digital specimens are clear and legible
- [ ] File format: JPG or PDF, under 5MB
## Filing Checklist
### Required Information
- [ ] Mark (exact text or design file)
- [ ] Mark type selected (standard character / special form / sound)
- [ ] Owner name and address (individual or entity)
- [ ] Entity type (individual, LLC, corporation, partnership)
- [ ] State/country of organization (if entity)
- [ ] Class(es) selected with descriptions of goods/services
- [ ] Filing basis (1a or 1b)
- [ ] Specimen prepared (if 1a filing)
- [ ] Date of first use in commerce (if 1a)
- [ ] Date of first use anywhere (if 1a)
- [ ] Email address for USPTO correspondence
### Fees
- [ ] Filing fee: $250/class (TEAS Plus) or $350/class (TEAS Standard)
- [ ] Payment method ready (credit card, deposit account, or EFT)
### After Filing
- [ ] Monitor USPTO status at tsdr.uspto.gov
- [ ] Respond to office actions within 6 months
- [ ] Expected timeline: 8-12 months to registration (if no issues)
## After Filing
### Timeline
| Stage | Expected Timeline |
|-------|------------------|
| Application filed | Day 0 |
| Assigned to examining attorney | 3-4 months |
| Office action (if any) | 4-6 months |
| Published for opposition | 6-8 months |
| Opposition period (30 days) | 8-9 months |
| Registration issued | 9-12 months |
### Maintenance
- **Section 8 Declaration:** Due between years 5-6 after registration
- **Section 9 Renewal:** Due every 10 years
- **Monitoring:** Watch for infringing uses of your mark
Mark: LAUNCHKIT (word mark). Class 41: Online educational courses and workshops. Class 9: Downloadable digital course materials. Basis: 1a (in use since March 2025). Specimen: Screenshot of website showing "LaunchKit" on the course sales page with pricing and enrollment button visible. Filing fee: $500 (2 classes x $250 TEAS Plus).