You’ve got your business name picked out, your logo designed, and you’re ready to protect your brand with a trademark. But when you sit down to file that application, you might wonder: what documents do I actually to gather for my attorney?

The answer isn’t as straightforward as you might think. It all depends on one crucial factor: the basis of your application.

Three Paths, Three Different Requirements

Every trademark application must be based on one of three scenarios, and each has its own documentation requirements.

Already Making Money? You’re Filing Based on “Use in Commerce”

If you’re already selling products or services under your trademark you’re in business. For this type of application, you’ll need two key pieces of evidence:

• Date of first sale: When did you first make money using this trademark?
• Specimen: Proof that you’re actually using the mark in business

Your specimen is where many people stumble. For products, think photos of your actual merchandise with the trademark visible on tags, labels, or packaging as you sell it. No computer mockups or AI-generated images; the USPTO wants to see the real deal. For services, a screenshot of your website or a copy of your marketing materials usually works.

Not Selling Yet? File Based on “Intent to Use”

Here’s the beauty of intent-to-use applications: you don’t need to prove anything upfront because there’s nothing to prove yet. You’re essentially telling the USPTO, “I plan to use this trademark for these specific products or services,” and they’ll take your word for it (under penalty of perjury, of course). It is wise to have some evidence to back up the fact that you plan to use it and are not just trying to reserve a name.

This route is particularly popular with startups and entrepreneurs who want to secure their brand name before launching. You’ll submit your proof of use later in the process.

Have a Foreign Trademark? You Might Get Priority

If you’ve already filed for or obtained a trademark in another country that has a treaty with the US, you might be able to claim that earlier filing date as your priority date (if you file the US within six months. The other benefit is you do not need to show actual proof of use in US commerce if filing based on a foreign application. For this basis, you’ll need a certified copy of your foreign application or registration, plus an English translation if the original isn’t in English.

The Universal Requirements

Regardless of which basis you choose, every application needs:

• Owner information: Name, mailing address, and domicile address (Ownership is very important as it needs to be the one that the trademark identifies as the source of the goods or services)
• The trademark itself: Whether it’s text, a logo, or both
• Specific product/service categories: You can’t just say “everything.” You need to pick.

The Bottom Line

The good news is that getting started isn’t as document-heavy as you might think, especially if you’re filing based on intent to use. The key is understanding which category you fall into and preparing the right evidence accordingly.

Ready to protect your brand but not sure which path is right for your situation? We’re here to help you navigate the trademark process from start to finish. Call us today at (888) 666-0062 or click here to schedule your initial Discovery and Strategy Session online. Let’s get your trademark application filed correctly the first time.

DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.