What to Know Before You File Your Trademark Application
Written by JLG - June 11, 2025
Filing a trademark application is an important step in protecting your brand. However, submitting it without the proper preparation can lead to delays, rejections, or legal complications. At Jafari Law Group, we help businesses take the right steps before filing so their application stands on solid ground.
Confirm the Trademark Is Available
Before filing, it is critical to ensure your mark is not already in use. A comprehensive trademark search will help identify any existing marks that are similar in sound, appearance, or meaning. Overlooking this step may result in opposition from existing trademark owners or a refusal from the United States Patent and Trademark Office (USPTO).
Choose a Strong and Distinctive Mark
Marks that are unique and distinctive are more likely to be approved and easier to enforce. Avoid names that are too descriptive or generic, as they often cannot be registered or may offer limited protection. Fanciful or arbitrary names typically receive broader protection under trademark law.
Identify the Correct Owner
Be clear on who will own the trademark. The owner could be an individual, a corporation, or another legal entity. Incorrect ownership information can cause complications during the application process or in future enforcement actions.
Define Your Goods or Services Clearly
When you file, you must identify the goods or services the trademark will represent. The USPTO uses specific classifications, and choosing the wrong class or vague descriptions can delay the process. Clear, accurate descriptions improve the chance of approval.
Decide Between “Use in Commerce” and “Intent to Use”
You can file based on actual use in commerce or an intent to use the trademark in the future. Both options are valid but have different requirements. If you file based on intent, you will need to submit a separate declaration and specimen once you begin using the mark.
Prepare a Proper Specimen
If your application is based on actual use, you must submit a specimen showing how the mark is used in the marketplace. Acceptable specimens include product packaging, labels, or website screenshots. The USPTO will reject specimens that are not clear or relevant.
Understand the Application Process
After submission, the USPTO examines the application for compliance and conflicts. If any issues arise, the examiner will issue an Office Action. Responding accurately and on time is essential. If there are no issues, the mark is published for opposition before it can proceed to registration.
Let Jafari Law Group Guide You
At Jafari Law Group, we support clients throughout the trademark process. From search and strategy to filing and follow-up, we help you take the right steps to protect your brand. While no outcome can be guaranteed, we work to improve your application’s chance of success and reduce unnecessary setbacks.Contact us today for a free consultation to discuss your trademark goals and ensure your application is properly prepared from the start.