Make the application part of a strategy.
DBA’s search and application package gives you a defined scope of work and a team to discuss the decisions along the way. Start with the name, the business behind it, and the protection you want to pursue.
SEARCH + APPLICATION PACKAGE
$2,700Flat attorney fee. Government fees additional.
Includes clearance search, opinion and consultation, preparation and filing, application tracking, nonsubstantive office action responses, and certificate delivery if issued.
Full pricing, scope & exclusions ↗EXPLORE THE PROCESS
Follow your filing path.
Choose the path that describes your situation. Open a milestone to see what happens there. This is an overview, not a prediction of approval or timing.
Already using the mark
01BEFORE FILINGSearch and define the application
Evaluate the mark, identify the correct owner, describe the goods and services, and select an appropriate filing basis.
02FILESubmit the application
File the application and pay the government fees. Filing begins examination; it does not itself establish approval.
03EXAMINATIONRespond if the USPTO raises an issue
An examining attorney reviews the application. An office action may require a timely response. Unresolved issues can prevent registration.
04PUBLICATIONAllow the opposition period
For applications approved for Principal Register publication, third parties ordinarily have 30 days to oppose or request more time to oppose. A dispute can lengthen the process.
05IF REQUIREMENTS ARE METRegistration, then maintenance
A use-based application may proceed to registration after the publication stage if no unresolved opposition or other issue prevents it. Ongoing maintenance filings are required.
Planning to use the mark
01BEFORE FILINGSearch and define the application
Evaluate the mark, identify the correct owner, describe the goods and services, and select an appropriate filing basis.
02FILESubmit the application
File the application and pay the government fees. Filing begins examination; it does not itself establish approval.
03EXAMINATIONRespond if the USPTO raises an issue
An examining attorney reviews the application. An office action may require a timely response. Unresolved issues can prevent registration.
04PUBLICATIONAllow the opposition period
For applications approved for Principal Register publication, third parties ordinarily have 30 days to oppose or request more time to oppose. A dispute can lengthen the process.
05NOTICE OF ALLOWANCEShow use or request more time
For an intent-to-use application, a notice of allowance is not registration. You generally have six months to submit a statement of use or request an extension.
06BEFORE REGISTRATIONSatisfy the use requirement
A total of five six-month extensions may be available. The statement of use must be filed within the allowed period and accepted before registration can issue.
How long should you plan for?
Timing depends on the filing basis, examination issues, and any opposition. The USPTO publishes changing wait-time averages, which are not deadlines or guarantees for your application. See current USPTO processing times ↗
Bring these to the conversation
- The exact name or logo and the owner’s legal identity
- A list of the products or services using the brand
- Examples of use, if already in commerce
- Any planned launch date, expansion, or prior filing
Questions worth asking
What is the government filing fee?
The base USPTO application fee is currently $350 per class. Additional fees may apply. Our attorney fee is separate, and the quoted package has eligibility and scope limits.
Can I apply before launch?
An intent-to-use basis may be available when you have a bona fide intention to use the mark in commerce. Later proof of use and additional filings and fees are required.
Are substantive refusals included?
No. The qualifying package includes responses to nonsubstantive office actions. Substantive office-action responses and other substantive work are billed at our current hourly rates. Intent-to-use matters follow a separate fee schedule; contact us for the applicable fees.
How much does it cost to hire DBA for a trademark application?
Our qualifying use-in-commerce search-and-application package is $2,700 in attorney fees for one mark in up to two classes. Base USPTO application fees are currently $350 per class, so the starting totals are $3,050 for one class or $3,400 for two, before additional fees or out-of-scope work. Contact us to confirm eligibility and scope.
How long does trademark registration take?
There is no fixed completion date. Examination queues, the filing basis, refusals, publication and any opposition affect the timeline. An intent-to-use application also needs the required proof-of-use filing before registration. Use the USPTO’s current processing information for planning, and distinguish an average from a deadline or promise for your application.
Can I apply before launch, and how does DBA charge for intent-to-use work?
A bona fide intent to use a mark can support an intent-to-use application before the required commercial use begins. Intent-to-use matters follow our separate fee schedule; contact us for the applicable fees and scope, including later use-related filings. They are not covered by the advertised $2,700 use-in-commerce package.
What happens after a Notice of Allowance?
For an intent-to-use application, the initial period is six months from the Notice of Allowance to file an acceptable Statement of Use or request an extension. Further extensions are limited and require timely filings and fees. Track that notice independently of your launch calendar. Contact us for our intent-to-use fee schedule and deadline review.
Should I register my business name, my logo, or both?
A standard-character application focuses on wording without limiting it to one particular font or design. A special-form application covers the mark as depicted. A combined logo filing is not automatically equivalent to separately protecting its wording and design. The right filing sequence depends on how customers encounter your brand and what you can budget.
Who should be named as the trademark applicant?
Identify the actual owner before filing. The right applicant may be an individual or a legal entity, depending on who owns and uses the mark or holds the required intent to use it. Do not assume that a founder, parent company or newly formed LLC is interchangeable with another entity. Bring formation documents and any ownership or license agreements to the consultation.
What proof of use does a trademark application need?
A specimen must show real use of the applied-for mark with the identified goods or services. Appropriate examples depend on the offering: goods may use labels or packaging; services may use material that connects the mark with the services actually provided. A webpage submission must include its URL and access or print date. A logo file by itself is usually not enough.
Can I submit an AI image or a packaging mockup as a specimen?
No. A fabricated image showing how the mark might be used is not evidence of actual commercial use. Preserve authentic photos, labels and webpage records instead. If the business has not reached the required use stage, discuss the filing basis rather than creating a specimen to make the application appear ready.
Do foreign-domiciled applicants need a U.S. trademark attorney?
Yes. The USPTO requires foreign-domiciled applicants and registrants to be represented by a U.S.-licensed attorney. U.S.-domiciled applicants generally may represent themselves, but must still meet the same filing and substantive requirements. The domicile rule concerns the applicant’s legal circumstances, not the geographic audience of its website.