How to File a Special Form Trademark Application with the USPTO

Hello, I'm attorney Elizabeth Potts Weinstein, and in this tutorial, I'll walk you through filing a special form trademark application with the United States Patent and Trademark Office (USPTO). This type of application is used when your trademark is a design or logo rather than a word or phrase. Follow along as I demonstrate the steps, assuming you haven't yet launched your business or made any money from it.

Step 1: Access the USPTO Website

1. Visit the USPTO Website: Go to uspto.gov.
2. Navigate to Trademarks: Click on the 'Trademarks' section and then select 'Apply Online'.

Step 2: Choose Your Application Form

3. Initial Application Forms: Scroll down to 'Initial Application Forms'. You have two options:
   • TEAS Plus: Recommended because it's cheaper, more likely to be approved, and faster.
   • Standard Form: Use this if your trademark class isn't listed in the TEAS Plus database.

Step 3: Create a USPTO Account

4. Sign In: If you don't already have an account, you'll need to create one and verify your identity through ID.me.
5. Eligibility: Only U.S. residents can file their own trademark applications. Non-residents must hire a U.S. lawyer.

Step 4: Complete the Application

6. Owner Information: Enter the name of the owner, which can be your personal name or a business entity such as an LLC. Provide the mailing and domicile address.
7. Upload the Logo:
   • File Format: Use JPG, not PNG.
   • Color Option: Decide if you want to file in color or black and white. Black and white allows for color flexibility in usage.
   • Description: Accurately describe your logo’s elements (e.g., "The letters EPW surrounded by concentric circles").
8. Goods and Services: Add the classes your trademark will cover (e.g., Legal Services in Class 45).
9. Filing Basis: Choose between:
   • 1(a): Already using the trademark in commerce.
   • 1(b): Intent to use the trademark in the future.

Step 5: Correspondence Information

10. Provide an Email: This email will be publicly available and used for USPTO communications.

Step 6: Review and Submit

11. Review Application: Verify all the information to ensure there are no typos or errors.
12. Payment: Check the acknowledgment box and proceed to the payment section. Note that application fees are non-refundable.

Important Considerations

• Exact Logo: The application is only for the exact logo submitted. Any changes require a new application.
• Specimen of Use: If filing under 1(a), submit evidence such as screenshots, flyers, or photos showing the trademark in use.
• Public Information: Most of the application details, except for domicile address, will be publicly accessible.

By following these steps, you can successfully file a trademark application for your logo. If you have any questions, feel free to leave a comment below, and I'll try to assist you.