What Do You Need to File a Trademark? (Practical Pre-Filing Checklist)

If you’re thinking about filing a trademark, you’re probably asking a very basic but important question: What do you actually need before you file a trademark application? Some resources tend to muddy the waters, but the answer is simpler than most people expect. Before you file, you need a clear brand name, the correct owner, a proper description of your goods or services, and a filing strategy. Let’s break it down in practical terms, so that you can take this important first step in protecting your brand name.

These 5 Things Are What You Need To File a Trademark

1. The Exact Name (or Logo) You Want to Protect

• The exact wording of your brand name
• Whether you are filing a word mark (just the name) or a logo/design mark

If you are unsure early on, many businesses should start with a word mark. It would be your main brand (or “house mark”) in plain letters. Down the line as your logo, color scheme and taglines are developed, we can file additional applications.

TIP: Don’t forget “sub brands”, which are the names of your individual products. A good example is Nike’s sub brand Dry Fit.

2. The Owner of the Trademark

A trademark application to the US Patent and Trademark Office (USPTO), must identify the owner name. Most of the time, this is going to be your company. If your brand is going to be managed through a company, you’ll have to get your company registered with the state before you file your application. What you need to file a trademark when it comes to company ownership is the owner entity type (like “LLC”, “Inc.” Etc.), state of registration, physical address and an e-mail address.

TIP: While a registered agent or virtual office might work for the state, it will not work for the USPTO. The solution for that can be including your home address, which will be kept in their file and not publicly available.

3. A Clear Description of What You Sell

The USPTO requires you to describe your goods or services. Their description requirements are rigorous, so the description cannot be in marketing or corporate lingo. A qualified trademark attorney can help you “translate”! They will expect it to be specific, accurate and properly classified within the International Class system that the USPTO has adopted.

TIP: As of 2026, the USPTO adopted a drop down menu with limited customization. This helps applicant’s stay within the bounds, but is rather difficult to use because it requires you to fit your description into pre-populated options. For an additional fee, applicants can customize the entire class identification.

4. Choose Your Filing Basis: In-Use vs. Intent-to-Use

Something you need to file a trademark is an understanding your filing basis. You must indicate whether you are:

• Already using the trademark in commerce, or
• Planning to use it in the future

If you are already using the mark, you will need:

• A specimen of use (real-world example of use, like a website or product label)
• The date you first used the mark

If you are not using it yet, you can file on an intent-to-use basis and submit proof later.

TIP: filing your application on an intent-to-use basis is the industry standard. As soon as you have decided on your brand name, trademark attorneys recommend filing an application for it. This allows an opportunity for issues to arise during examination at the USPTO. USPTO Office Actions are an unfortunate part of the process and in some instances, even if everything is done correctly.

5. A Basic Clearance Search

Trademark rights in the US are based on use in commerce. On a most basic level, with exceptions, whoever either filed an application first or began using it first, owns the battle. So, before filing, you should check whether:

• Someone else is already using a similar name
• There are existing trademark registrations that could block yours

The USPTO legal examination process will expose existing trademark registrations and applications, but it will not flag trademarks that are not in their database.

So, a proper search beforehand helps you avoid:

• Likelihood of confusion refusals after filing an application
• Rebranding later because another company was using your brand longer than you
• Potential legal disputes

BONUS:

Secure your domain before you file your application. Some companies have software that crawls the USPTO database for new applications so they can buy a domain using the trademark and resell it at a higher price. They figure if someone is filing a trademark application for the name, they must be serious about wanting the domain too.

FAQs About What You Need to File A Trademark Application

Want More Information About What You Need to File a Trademark Application? Download Our Free Brand Name Checklist

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Need even more help getting started with your trademark application? Speak Directly To One OF Our Trademark Attorneys

We can help you figure out what you need to file a trademark application. We guide startups, entrepreneurs, and growing businesses through the entire trademark registration process, from clearance searches to Office Action responses and enforcement. We offer flat-fee trademark services, clear communication, and strategic legal insight to help you protect your brand with confidence.

Stemer Law (Stemer, P.A.) is a Denver trademark law firm serving clients across the U.S. and abroad. With 1,000+ trademarks filed, we make brand protection simple, affordable, and effective. To speak with a trademark attorney contact us at hello@stemerlaw.com or (303) 928-1094.