FEDERAL TRADEMARK APPLICATION
(15 U.S.C. § 1051 et seq.; 37 C.F.R. Part 2)
[// GUIDANCE: This template is designed for a standard USPTO filing under the Lanham Act.
It intentionally mirrors contract-style architecture for ease of internal review and risk management, even though the USPTO ultimately requires electronic TEAS submission. Practitioners should transpose the operative data from this template into the appropriate TEAS form and upload the executed Declaration and any required specimens.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. Federal Trademark Application and Declaration of [APPLICANT LEGAL NAME].
1.2 Applicant Identification.
• Legal Name: [APPLICANT LEGAL NAME]
• Entity Type: [CORPORATION / LLC / INDIVIDUAL / ETC.]
• Jurisdiction of Organization: [STATE OR COUNTRY]
• Principal Place of Business: [ADDRESS]
1.3 Correspondent / Attorney of Record.
• Name: [ATTORNEY NAME]
• Firm: [FIRM NAME]
• USPTO Bar No.: [NUMBER]
• Email: [EMAIL] | Phone: [PHONE]
1.4 Recitals.
WHEREAS, Applicant seeks federal registration of the trademark identified herein (“Mark”) pursuant to the Lanham Act, 15 U.S.C. § 1051 et seq.; and
WHEREAS, registration will inure to the benefit of Applicant and the consuming public by providing nationwide constructive notice of Applicant’s rights;
NOW, THEREFORE, Applicant hereby submits this Application to the United States Patent and Trademark Office (“USPTO”) and agrees as follows:
2. DEFINITIONS
“Applicant” – The party identified in Section 1.2.
“Application” – This Federal Trademark Application and all accompanying filings, specimens, and fees.
“Declaration” – The sworn statement executed in Section 10 confirming the truth of this Application.
“Filing Basis” – The statutory ground for registration selected under 15 U.S.C. § 1051 (Section 1(a) – use in commerce; Section 1(b) – intent to use; Section 44; or Section 66(a)).
“Goods/Services” – The products and/or services listed for each International Class.
“International Class” – The Nice Classification number assigned to each category of Goods/Services.
“Mark” – The trademark or service mark identified in Section 3.1.
“Specimen” – Evidence of actual use in commerce satisfying 37 C.F.R. § 2.56, provided when the Filing Basis includes Section 1(a).
“USPTO” – The United States Patent and Trademark Office.
3. OPERATIVE PROVISIONS
3.1 Mark Information.
a. Mark Type: [STANDARD CHARACTER / DESIGN / COMPOSITE].
b. Mark Literal Element or Design Description: [TEXT OF MARK OR DESIGN DESCRIPTION].
c. Color Claim (if any): [YES / NO – list colors].
3.2 Goods/Services & Classes.
• International Class [###]: [DESCRIPTION OF GOODS/SERVICES].
• International Class [###]: [DESCRIPTION].
[// GUIDANCE: Use USPTO-accepted wording from the ID Manual.]
3.3 Filing Basis Selection.
a. ☐ Section 1(a) – Use in Commerce:
• First Use Anywhere: [MM/DD/YYYY]
• First Use in U.S. Commerce: [MM/DD/YYYY]
• Specimen: [ATTACH OR IDENTIFY JPG/PDF].
b. ☐ Section 1(b) – Intent to Use:
• Bona fide intent affirmed.
c. ☐ Section 44 or ☐ Section 66(a): [FOREIGN REGISTRATION/APP NUMBER].
3.4 Fees. Applicant concurrently authorizes payment of all required USPTO filing fees for each International Class and agrees to provide additional fees for any split applications, extensions, or conversions.
3.5 Appointment of Attorney. Applicant hereby appoints the Attorney of Record identified in Section 1.3, with full power of substitution, to prosecute this Application, to sign amendments, and to respond to USPTO communications.
4. REPRESENTATIONS & WARRANTIES
4.1 Ownership. Applicant is the owner of the Mark and has the right to seek federal registration.
4.2 Non-Infringement. To the best of Applicant’s knowledge, no other person or entity has the right to use a confusingly similar mark on or in connection with the same or related Goods/Services in U.S. commerce.
4.3 Accuracy. All statements in this Application and any supporting documents are true, accurate, and based on Applicant’s personal knowledge or duly authorized information.
4.4 No Prohibited Matter. The Mark does not comprise scandalous, immoral, deceptive, or disparaging matter and is not primarily merely descriptive, geographically descriptive, or a surname, except as disclaimed or as otherwise registrable on the Supplemental Register.
4.5 Survival. The representations and warranties set forth in this Section 4 shall survive registration and any subsequent assignments of the Mark.
5. COVENANTS & RESTRICTIONS
5.1 Duty to Prosecute. Applicant shall timely respond to Office Actions, pay all required fees, and take all reasonable steps to secure issuance of a registration.
5.2 Maintenance & Renewal. After registration, Applicant shall (a) file Section 8 & 15 Declarations and renewal applications as required; (b) maintain continuous bona fide use of the Mark in U.S. commerce; and (c) police and enforce the Mark against infringement.
5.3 Notice. Applicant will use the ® symbol after registration on all Goods/Services, or alternatively the wording “Registered, U.S. Patent and Trademark Office,” where practicable.
5.4 Assignment Restrictions. Any transfer of ownership of the Mark shall include the goodwill of the business to which the Mark pertains in compliance with 15 U.S.C. § 1060.
6. DEFAULT & REMEDIES
6.1 Events of Default.
a. Material misstatements or fraudulent declarations.
b. Failure to respond to a USPTO Office Action by the stated deadline.
c. Non-payment of required fees.
6.2 USPTO Remedies. Upon an Event of Default, the USPTO may declare the Application abandoned, refuse registration, or cancel an issued registration pursuant to 15 U.S.C. §§ 1062, 1064.
6.3 Judicial Remedies. Nothing herein limits Applicant’s right to seek judicial relief, including injunctive relief, damages, or other equitable remedies, to protect the Mark.
6.4 Attorneys’ Fees. In any action arising out of or relating to the enforcement of the Mark, the prevailing party may recover its reasonable attorneys’ fees and costs to the extent permitted under 15 U.S.C. § 1117(a).
7. RISK ALLOCATION
[// GUIDANCE: Indemnification and liability-cap provisions are intentionally omitted per metadata instructions. If used in a broader transactional context, insert client-specific clauses here.]
7.1 Force Majeure. Applicant’s failure to meet a USPTO deadline due to a force majeure event (e.g., natural disaster, government shutdown, or USPTO system failure) shall be excused to the extent relief is available under USPTO rules.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Application and any dispute concerning the Mark shall be governed by federal trademark law and, to the extent not pre-empted, the laws of the District of Columbia.
8.2 Forum Selection. Exclusive jurisdiction and venue shall lie in the United States District Court for the [DISTRICT COURT NAME] or, where applicable, the United States Court of Appeals for the Federal Circuit.
8.3 Jury Trial. The constitutional right to a trial by jury is preserved.
8.4 Injunctive Relief. Applicant may seek immediate injunctive relief to prevent irreparable harm resulting from actual or threatened infringement of the Mark.
9. GENERAL PROVISIONS
9.1 Amendments. Any amendment to this Application (other than USPTO-required amendments) must be in writing and signed by an authorized representative of Applicant.
9.2 Severability. If any provision herein is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.3 Entire Agreement. This document, together with all USPTO filings made pursuant hereto, constitutes the entire agreement concerning the federal registration of the Mark.
9.4 Counterparts; Electronic Signatures. This Application and Declaration may be executed in counterparts and by electronic signature, each of which shall be deemed an original.
10. EXECUTION BLOCK
I, the undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements may jeopardize the validity of the Application or any resulting registration, declare that all statements made of my own knowledge are true and all statements made on information and belief are believed to be true.
| Signature of Applicant or Authorized Signatory | Date |
|---|---|
| _______ | ____ |
Name: [PRINTED NAME]
Title/Capacity: [POSITION OR “OWNER”]
[// GUIDANCE: Attach additional signature blocks for joint applicants. Notarization is not required by the USPTO but may be used if desired for internal recordkeeping.]
END OF DOCUMENT