Checklist: Documents to Collect When Trademarking Your Business Name

When you apply for a trademark or service mark for your business name, you will need to provide certain documents to your attorney. Below is a list of documents commonly requested for this procedure; but make sure you get a full list from your attorney, as each business and situation may vary.

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Partnership agreement, if applicable. See a list of real-life partnership agreements to get an idea of what they entail.

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Articles of incorporation, if applicable. See Writing and Filing the Articles of Incorporation to learn more.

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Exact copy of mark you want to register. See Depiction of the Mark (Drawing) for an overview.

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Specimens of mark you want to register.

A specimen is a real-world example of how the mark is actually used on goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures. Actual specimens, rather than facsimiles, are preferred. However, if the actual specimens are bulky, or larger than 8" x 11", then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. Facsimiles may not exceed 8" x 11". One specimen is required for each class of goods or services specified in the application.

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If concurrent registration of the mark has previously been allowed, an example of the other concurrently registered mark.

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Copy of past or present certificate of registration and/or notice of allowance.

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If the application is based on foreign registration, a certification or certified copy of the foreign registration.

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Opinions, reports, or decisions of the Patent and Trademark Office on past applications or registrations of mark.