Trademark Intake Checklist: What to Collect Before You File

The applicant must be the owner of the mark: the person or entity that controls the nature and quality of the goods or services. An application filed by someone who isn't the owner is void, and that can't be fixed by amendment. Collect:

• Exact legal name of the owner, as it appears on formation documents.
• Legal entity type: individual, corporation, LLC, partnership, trust and so on.
• Citizenship (individuals) or state or country of organization (entities). For partnerships and joint ventures, details of the general partners or joint venturers.
• Domicile address: the owner's permanent legal residence or principal place of business. A PO box or a "care of" address usually isn't accepted as a domicile.
• Email address for the owner.
• Related companies or licensees that will use the mark, and who controls the quality.

Ask early whether the owner is foreign-domiciled. Applicants domiciled outside the United States must be represented by a US-licensed attorney.

• Standard characters or special form. Words alone, or a stylized or design mark?
• A clean image file of the mark for special-form drawings.
• Mark description, required for special-form marks.
• Color claim, if color is a feature of the mark.
• Translation or transliteration of any non-English wording.
• Names, portraits or signatures of a living individual, with that person's written consent.
• Disclaimers that may be needed for descriptive or generic wording.
• Prior registrations owned by the applicant for the same or similar marks.

The identification of goods and services decides the scope of protection and the filing fees, which are charged per class. Collect a plain description of what the client sells or plans to sell, then match it to entries in the USPTO ID Manual where possible. ID Manual entries avoid many indefiniteness refusals, and free-form wording can be rejected or cost more.

Ask about:

• products and services sold now, and those planned within the next few years;
• whether the client makes the goods or only resells them;
• online services, software (downloadable vs. hosted) and apps, which are often misclassified.

Remember that the identification can be narrowed after filing but not broadened.

For use-based applications (section 1(a)), collect two dates for each class:

• First use anywhere: the date the goods were first sold or shipped, or the services first rendered, under the mark.
• First use in commerce: the date of first use in commerce that Congress can regulate, such as interstate or foreign trade.

Ask for evidence: invoices, launch emails, archived web pages. Dates must be accurate. A date that's too early can be challenged later.

For section 1(a) filings, one specimen per class showing the mark as actually used:

• Goods: labels, tags, packaging, or product photos showing the mark; web pages with the mark, product, price and a way to buy.
• Services: advertising or a website showing the mark used in connection with the services.

Mockups, digitally altered images and rendered product images are commonly refused. Capture web specimens with the URL and access date.

• Section 1(a): the mark is already in use in commerce.
• Section 1(b): a bona fide intent to use the mark. A Statement of Use will be needed later, and deadlines start at the Notice of Allowance. See our deadline guide.
• Section 44(d): a foreign application filed within the previous six months, claiming priority.
• Section 44(e): a foreign registration from the applicant's country of origin.

Section 66(a) Madrid extensions are not filed through Trademark Center. They come through WIPO.

If the client filed abroad first, collect the country, application number and filing date of the foreign filing, and a copy of any registration. The six-month window to claim priority under section 44(d) is short, so check for it at the first conversation.

Keep these dates on your own docket. Paravant doesn't track Paris Convention priority dates.

Before filing, record what clearance was done and what was found:

• knockout search of the USPTO register;
• full search, if ordered, and the attorney's opinion;
• common-law and domain checks;
• the client's acknowledgement of the risks you identified.

• Conflict check against the owner and any known adverse parties.
• Signed engagement letter setting out scope (filing only, or prosecution through registration), billing, and who signs the verified statement.
• Signatory: the person with legal authority or first-hand knowledge who will sign the verified statement under penalty of perjury.
• Consent to communicate: preferred email, and if you send SMS reminders, documented opt-in.
• Ongoing duties: explain maintenance obligations (Section 8 at years 5–6, renewal at years 9–10) so the client expects future contact.

A checklist works best when it's a form the client fills in, reviewed by staff, with answers that flow straight into the application and the docket.

Paravant's Intake Center, coming in late 2026, is designed for this. See the Trademark Intake Center page for what's planned. Today, the AI Trademark Assistant can help with ID Manual and TMEP research, drafting client letters and preparing logo files. Its output should be reviewed by an attorney before use.

Once an application is filed, Paravant picks it up automatically from USPTO data by your correspondent email and dockets its deadlines. See automated docketing.