Navigating the USPTO: TEAS, Classes, Specimens & Registers Explained

Protecting your brand with a trademark involves navigating several key elements of the U.S. Patent and Trademark Office (USPTO) process. Understanding these can save you time and money.

TEAS: The New Trademark Filing System

TEAS, or the Trademark Electronic Application System, is the USPTO's online portal for all trademark-related e-forms. This isn't just for initial applications; it's also where you'll file office action responses and post-registration documents.

A significant change occurred on January 18, 2025. The USPTO discontinued the old TEAS Plus and TEAS Standard systems, replacing them with a single "electronic base application." This is the biggest workflow change in recent years for trademark filings.

Understanding the New Fee Structure

Before January 18, 2025, you might have paid $250 per class for a TEAS Plus application or $350 per class for TEAS Standard. There was also a $100 processing fee if a TEAS Plus application didn't meet its requirements.

Now, there's a base filing fee of $350 per class. However, surcharges apply if you don't follow specific guidelines:

• $100 surcharge: Applied if you leave required fields blank in the base application, such as owner information.
• $200 per-class surcharge: Applied if you don't use a pre-approved goods/services description from the USPTO’s ID Manual and instead write your own.

The takeaway for founders: using ID Manual wording and completing all required fields keeps your effective cost lower and avoids processing delays.

When using TEAS, you'll need to select one filing basis (e.g., use in commerce or intent to use) that covers all your listed goods or services. You'll also provide owner information, details about your mark, and specimens if your application is based on actual use.

For technical issues with electronic filing, the USPTO directs users to email TEAS@uspto.gov.

Nice Classes: Defining Your Business Space

The USPTO uses the Nice Classification (NCL) system to categorize goods and services into 45 classes. Classes 1–34 cover goods (physical products), while Classes 35–45 cover services.

The purpose of the Nice Classification is to group similar goods or services. For your trademark, the class defines the business area where your mark is protected. It does not grant rights in unrelated industries.

The USPTO currently references the Nice Agreement Twelfth Edition, version 2025 for classification guidance.

Common Class Examples

• Clothing: Class 25
• Software / Apps: Often Class 9 (downloadable software) or Class 42 (software-as-a-service, hosting, tech services), depending on the offering.
• Advertising / Marketing / Retail Services: Class 35
• Financial / Crypto Services: Class 36
• Technology / Engineering / Scientific Services: Class 42
• Hospitals / Restaurants / Hospitality: Class 43
• Medical / Healthcare / Beauty Services: Class 44

Many founders mistakenly believe that one class grants worldwide rights, or that software always falls into Class 9. Also, while you might want to protect your mark in many areas, each additional class incurs a separate fee and increases the risk of refusal. Strategic selection is key.

Specimens: Proof of Actual Use

A specimen is real-world evidence that shows how you actually use your trademark in commerce for the goods or services claimed. It's proof of use, not a mockup or a concept, and must reflect current commercial use in U.S. commerce.

The May 2025 TMEP (Trademark Manual of Examining Procedure) update reinforces the scrutiny on specimens, emphasizing actual use over mockups.

What Makes a Valid Specimen?

• For goods: Photos of product packaging or labels bearing the mark. Screenshots of online listings where the mark is tied to a specific product and there’s a clear way to purchase (e.g., add-to-cart, price).
• For services: Screenshots of a website showing the mark advertising the services, with enough context to understand what the service is and how to obtain it. Marketing materials describing the services offered.

Important: Figma mockups or brand decks are generally not accepted because they don't show actual commercial use. For services, a landing page can be sufficient if it clearly offers the service and shows the mark as the service brand. For goods, a marketing page without a purchase option is often not enough.

If you haven't launched yet, you can file an "intent-to-use" application. The specimen then becomes due later, when you file a Statement of Use or Allegation of Use.

Principal Register vs. Supplemental Register

When your trademark application is approved, your mark will be placed on one of two registers.

Principal Register

This is the primary goal for most applicants. The Principal Register is for marks that are inherently distinctive, meaning they are strong enough to identify your goods or services immediately (e.g., coined words, arbitrary terms). Listing your mark here provides the strongest legal protections, including:

• Legal presumption of ownership and exclusive right to use the mark nationwide.
• Ability to prevent others from using similar marks.
• Ability to file suit in federal court.
• The possibility of becoming "incontestable" after five years of continuous use, making it very difficult for others to challenge your rights.

Supplemental Register

This register is for marks that are descriptive but capable of acquiring distinctiveness through use. These marks aren't strong enough for the Principal Register initially because they describe a feature or characteristic of the goods or services (e.g., "Speedy Delivery" for a courier service). Listing on the Supplemental Register offers some benefits, such as:

• Public notice of your claim of ownership.
• The ability to use the "®" symbol.
• The possibility of eventually moving to the Principal Register once the mark has acquired "secondary meaning" (i.e., consumers associate the descriptive term with your specific brand).

Understanding these registers helps you gauge the strength of your mark and its path to full protection.

Navigating the USPTO requires attention to detail, from correctly classifying your offerings to providing valid proof of use. Each step is critical for securing your brand's future.