What Goes in a Trademark Application?

The application itself is deceptively simple. You need:

• Name of Applicant

• Officer of the company, if applicable

• Address

• Email

• Phone Number

• Mark

• Classification

• Description of Goods and Services

• Specimen (proof of use in Commerce)

• Name and contact information of Attorney (if applicable)

When the application is filed, the applicant, or their attorney, must swear as to the good faith basis of the application (use or intent-to-use), the applicant has the right to use the trademark, they have the facts to back up all claims in the application and that false statements in a federal document are punishable by fine, imprisonment and voiding of the trademark application.

The devil is in the description of the goods and services. This is a trademark law description and not a marketing description. You want it to be as broad as possible without being vague. Sometimes it needs to carefully work its way around pre-existing marks.