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USPTO Trademark Application Intake (Intent-to-Use or Use-Based)

One intake that captures everything an attorney needs to file a federal trademark application, and routes you to intent-to-use (1(b)) or use-based (1(a)) based on your answers.

16 min interview2026 currentFree to generateAttorney finish by callPDF & Word export

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What is a USPTO Trademark Application Intake?

Any owner ready to file a U.S. federal trademark for a name, logo, or slogan they use or plan to use in commerce.

USPTO Trademark Application Intake template, current for 2026

The intake follows the current USPTO regime, with a mandatory attorney of record for foreign-domiciled applicants, the 2022 fee structure and its per-class and per-term-count consequences, mandatory email and domicile disclosure, specimen standards that reject mockups and web-page 'decorative' use, and explicit foreign-priority (Section 44 / Madrid) routing. The 1(a) and 1(b) paths branch cleanly in a single form.

How HDAi does this differently

Unlike a static form, HDAi runs a guided interview and assembles your USPTO Trademark Application Intake as you answer. When you want it finished, a licensed Hart David Carson attorney reviews it and tailors it to your facts before you sign. The interview and the first draft are automated. The judgment belongs to an attorney.

What you’ll be asked

A short interview in plain language that asks only what this document needs.

Who is the trademark applicant (the owner of the mark)? The applicant must be the owner of the mark, meaning the person or entity that controls the nature and quality of the goods or services. Filing in the wrong name is a defect that can void the application. Give the exact legal name, entity type, and state or country of formation.
What type of applicant is this? The USPTO requires you to identify entity type. It determines who must sign the declaration and how the applicant is described in the application record.
If the applicant is an individual, what is their country of citizenship? For individual applicants the USPTO records citizenship rather than a state of formation. Leave blank if the applicant is an entity.
What is the applicant's domicile address (street, city, state/province, postal code, country)? The USPTO now requires a domicile address (the permanent legal residence of an individual, or the principal place of business of an entity). A P.O. box or mail-forwarding address alone is not accepted. It may be hidden from public view but must be provided.
Is the applicant domiciled outside the United States? Applicants whose domicile is outside the U.S. or its territories are REQUIRED to be represented by a U.S.-licensed attorney before the USPTO. This routes whether attorney representation is mandatory or optional.
Name of the U.S.-licensed attorney of record (if any)? The attorney who will file and prosecute the application. Required for foreign-domiciled applicants; strongly recommended for all. This will appear as the correspondence/attorney of record.
Attorney's U.S. state bar and bar number? The USPTO requires the attorney's bar membership information to confirm eligibility to practice before it.
What type of mark are you applying to register? The mark format controls the drawing you must submit and how broadly the registration protects you. Standard-character covers the wording in any font or style, special-form/design protects a specific logo or stylization, and sound and other marks require special handling.
What is the exact wording of the mark (the literal element)? Transcribe the mark precisely as it appears or will appear, including spacing and punctuation. If the mark has no wording (pure design), enter 'None (design only)'. This becomes the mark as searched and published.
If a design/special-form mark, describe the design and any stylization. The USPTO requires a written description of design marks. Describe the visual elements objectively (shapes, layout, imagery) and do not describe color here.
Do you want to claim color as a feature of the mark? Claiming color limits the mark to those specific colors but can strengthen distinctiveness. If you don't claim color, the drawing must be black-and-white and the mark isn't limited to any color.
If claiming color, list the colors and where each appears. The USPTO requires a color location statement naming each color and its location in the mark. Use common color names.
If a sound/scent/trade dress/other mark, describe it fully. Non-traditional marks require a detailed sensory or configurational description and often a specialized specimen. Explain what the mark consists of.
Does the mark include non-English wording, or non-Latin characters? If so, provide the translation/transliteration. The USPTO requires a translation of any foreign wording and a transliteration of any non-Latin characters. Leave blank if not applicable. Omitting a required translation delays the application.
Does the mark contain a name, portrait, or signature of a living individual? If the mark identifies a particular living person, the USPTO requires that person's written consent to register. This flags the need for a consent statement.
If yes, name the living individual whose consent is provided. The consent statement must identify the person and confirm their consent to registration and use in the mark.
Are you already USING the mark in commerce, or do you INTEND to use it (the filing basis)? This is the routing question. Section 1(a) 'use in commerce' requires you to already be selling the goods/services across state or national lines under the mark and to submit a specimen now. Section 1(b) 'intent to use' lets you file before you've launched, based on a bona fide intention to use, and you submit proof of use later. Choose accurately, because an improper use claim can invalidate the registration.
List the specific goods and/or services you offer (or intend to offer) under the mark. Be specific and concrete. The USPTO requires precise identifications and will not allow overly broad or vague descriptions. List actual products or services, for example 'legal services, namely corporate and M&A advisory.' This drives classification and the scope of your rights.
Do you know the international class(es) that apply? (Optional. The attorney will confirm.) Goods/services fall into 45 international classes; each class carries a separate government filing fee. If you already have a sense of the classes, note them; otherwise leave blank and counsel will classify.
If already in use (1(a)): date of first use of the mark ANYWHERE. This is the date you first used the mark on the goods/services anywhere (even locally/intrastate). It can be earlier than the first interstate use. Required for a use-based application. Leave blank for intent-to-use.
If already in use (1(a)): date of first use of the mark IN COMMERCE. This is the date you first used the mark in commerce that Congress can regulate, typically the first interstate, territorial, or international sale or shipment under the mark. It must be on or after the 'first use anywhere' date. Required for 1(a).
If already in use (1(a)): describe the specimen showing the mark used with the goods/services. A 1(a) application requires a specimen, meaning real-world evidence of use such as product packaging, labels, or tags for goods, or a website, advertising, or service page for services. Describe what you will submit. Mock-ups and digitally created images are NOT acceptable.
If intent-to-use (1(b)): briefly describe your bona fide intention to use the mark. A 1(b) application must rest on a genuine, documented intent to use the mark in commerce rather than mere idea-reservation. Describe any concrete steps (business plans, product development, marketing prep). This supports the required good-faith declaration.
Does the applicant own any prior U.S. registrations or pending applications for the same or similar mark? Claiming ownership of prior related registrations can support the current application and is disclosed to the USPTO. List registration/serial numbers if any; leave blank if none.
Are you claiming priority based on a foreign application or registration? Under Sections 44(d)/44(e) or the Madrid Protocol you may claim an earlier foreign filing date or base the U.S. registration on a foreign registration. This affects basis and deadlines.
If claiming foreign priority, provide the country, application/registration number, and filing date. A Section 44(d) priority claim must be made within 6 months of the foreign filing. Provide details so counsel can perfect the claim.
Has a trademark clearance search been performed? A clearance search checks for conflicting marks before filing. Filing without one risks a refusal (likelihood of confusion) and wasted fees. This tells counsel whether to run a search first.
Are you aware of any similar marks, prior users, or disputes involving this mark? Known third-party uses, cease-and-desist letters, or similar brands are material to risk assessment. Disclose anything you know so counsel can evaluate confusion and coexistence risk.
Who will sign the USPTO declaration on behalf of the applicant? The application declaration is signed under penalty of perjury by the individual applicant, or by an officer/member/partner or other person authorized to bind the entity. Name that signer and their title.
What is the signer's title/capacity? The USPTO records the capacity in which the person signs (e.g., President, Managing Member, the Applicant). This confirms authority to bind the applicant.
What email should the USPTO and firm use for correspondence? The USPTO conducts correspondence electronically and requires a valid email for the applicant and, if represented, the attorney. Missing/incorrect email can cause missed deadlines.
Date of this intake. Records when the applicant provided this information, establishing the baseline for filing deadlines and the accuracy of the dates stated.

Frequently asked

About the USPTO Trademark Application Intake and how HDAi works.

What is a USPTO Trademark Application Intake (Intent-to-Use or Use-Based)? +

A USPTO Trademark Application Intake (Intent-to-Use or Use-Based) is one intake that captures everything an attorney needs to file a federal trademark application, and it routes you to intent-to-use (1(b)) or use-based (1(a)) based on your answers. It is for any owner ready to file a U.S. federal trademark for a name, logo, or slogan they use or plan to use in commerce.

Is HDAi's USPTO Trademark Application Intake (Intent-to-Use or Use-Based) legally binding? +

The USPTO Trademark Application Intake (Intent-to-Use or Use-Based) is a working document, not a contract: it organizes the facts and decisions the next step needs (an attorney's work, a filing or a board decision) and does not become binding by signature. Treat the output as preparation, and have a licensed Hart David Carson attorney finish whatever follows from it.

Do I need a lawyer to use this USPTO Trademark Application Intake (Intent-to-Use or Use-Based)? +

You can generate and download the USPTO Trademark Application Intake (Intent-to-Use or Use-Based) in minutes, free of charge. A licensed Hart David Carson attorney can then review it and tailor it to your facts before you sign, which is the part no template can do.

What makes this USPTO Trademark Application Intake (Intent-to-Use or Use-Based) current for 2026? +

How long does the USPTO Trademark Application Intake (Intent-to-Use or Use-Based) take? +

Estimated time about 16 min (32 questions), depending on how much you already know. The document assembles as you answer. Export it as PDF or Word, or send it to a Hart David Carson attorney for review.

Does this USPTO Trademark Application Intake (Intent-to-Use or Use-Based) work in my state? +

HDAi's interview is state-aware. If you ask an attorney to finish the draft, a licensed Hart David Carson attorney confirms it against your state's requirements before you rely on it. Validity and required formalities vary by state.

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Reviewed by Jonathan D. Herpy, Sr., Senior Partner · Last updated October 2026 · Template and page reviewed · Every generated draft is a draft, not legal advice