# Trademark Application > Guides trademark application preparation with class selection, specimen requirements, and filing checklists. Use when preparing to file a trademark with the USPTO. - Skill: `reaperinvest/trademark-application` (Agent Skill) - Install (CLI): `npx skillmds@latest add reaperinvest/trademark-application` - Raw SKILL.md: https://api.skillmd.com/api/skills/reaperinvest/trademark-application/raw - Safety review: pending - Works with: Claude Code, Claude.ai, OpenAI Codex - Category: Coding & Dev Tools - Author: reaperinvest (https://skillmd.com/u/reaperinvest) - Updated: 2026-09-22 - Page: https://skillmd.com/skills/reaperinvest/trademark-application --- # Trademark Application ## When to Use This Skill Use this skill when you need to: - Prepare a trademark application for filing with the USPTO - Select the correct trademark class(es) for your goods or services - Understand specimen requirements and filing procedures - Create a pre-filing checklist to ensure a complete application **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. --- ## Core Principle A TRADEMARK PROTECTS YOUR BRAND IDENTITY — PROPER PREPARATION REDUCES THE RISK OF OFFICE ACTIONS, REJECTIONS, AND WASTED FILING FEES. --- ## Phase 1: Trademark Details ### Required Inputs | 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.** --- ## Phase 2: Classification and Search ### International Class Selection ``` ## 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. ``` ### Preliminary Search Guidance ``` ## 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. ``` --- ## Phase 3: Application Preparation ### Filing Basis ``` ## 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 Requirements ``` ## 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 ``` ### Application Checklist ``` ## 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) ``` --- ## Phase 4: Post-Filing Guidance ``` ## 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 ``` --- ## Example: Online Course Brand "LaunchKit" **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). --- ## Anti-Patterns - **Filing without searching** — a $250+ filing fee is wasted if a conflicting mark exists. Always search first. - **Wrong class selection** — filing in the wrong class does not protect your actual goods/services. Match classes precisely. - **Descriptive marks** — marks that describe the product ("Fast Shipping Service") are harder to register. Distinctive, coined, or suggestive marks are stronger. - **Submitting the wrong specimen** — a business card is not a valid specimen for goods. Follow the specimen guidelines exactly. - **DIY on complex filings** — multi-class, design marks, or marks with potential conflicts benefit from attorney assistance. --- ## Recovery - **Similar mark found in search:** Consult an attorney. Options include modifying the mark, arguing distinctiveness, or proceeding with risk acknowledged. - **Office action received:** Respond within 6 months. Common issues: descriptiveness, likelihood of confusion, or specimen inadequacy. An attorney can help draft the response. - **Intent-to-use but delayed launch:** You have 6 months to file a Statement of Use after the Notice of Allowance, with up to 5 extensions (6 months each) for a total of 3 years. - **International protection needed:** File a Madrid Protocol application through the USPTO for international coverage. Each country has separate fees and requirements.