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Glossary

Trademark terms in plain English.

The trademark world has its own vocabulary, and even practitioners use it inconsistently. These are the terms we use throughout TrademarkMind, with definitions calibrated for non-attorneys but precise enough that an attorney won't roll their eyes.

Application
A request to USPTO to register a mark. Filing an application doesn't grant any rights. It begins the examination process. Most applications take 8–14 months to reach a decision.
Class (Nice class)
One of 45 international categories defined by the World Intellectual Property Organization for grouping goods and services. A trademark application must specify which class(es) it covers; protection is limited to those classes. Classes 1–34 cover goods; 35–45 cover services.
Common-law trademark
A trademark that's used in commerce without federal registration. It has some legal force in the geographic area where it's used, but lacks the nationwide protection of a registered mark.
Examining attorney
A USPTO attorney who reviews trademark applications, looking for legal issues like likelihood of confusion with an existing mark, descriptiveness, or specimen problems. Not the applicant's lawyer: they work for USPTO.
Filing basis
The legal grounds under which an application is filed: 1(a) for marks already in use in commerce, 1(b) for "intent to use" marks, 44(d)/44(e) for marks based on a foreign filing, 66(a) for Madrid Protocol marks.
Intent-to-use (1(b))
An application filed before the mark is actually being used. The applicant has up to three years after the Notice of Allowance to start using it and file a Statement of Use.
Likelihood of confusion
The most common reason applications are refused. The examiner believes the proposed mark is confusingly similar to an existing registration in a related class. Determined by a multi-factor analysis (the "DuPont factors").
Madrid Protocol
An international treaty that lets trademark owners file in many countries through a single application via WIPO. U.S. designations under Madrid still get examined by USPTO and appear in the bulk feed.
Nice Classification
See "Class". Named for the city in France where the original Nice Agreement was signed in 1957.
Notice of Allowance
For intent-to-use applications, the document USPTO issues after publication clears with no opposition. Triggers the deadline for filing a Statement of Use proving actual use.
Office Action
An official communication from the examining attorney identifying issues with an application. Non-final Office Actions can be responded to and resolved; Final Office Actions can be appealed to the TTAB.
Opposition
A challenge to a trademark application after it's published in the Official Gazette but before it registers. Filed by a third party who believes registration would damage their existing rights. Heard by the TTAB.
Principal Register
The "main" trademark register. Marks registered here get the strongest set of protections. Distinguish from the Supplemental Register (next entry).
Section 8
A required maintenance filing between the 5th and 6th year after registration, declaring the mark is still in use. Failure to file results in cancellation. Also required at each 10-year renewal.
Section 9
The 10-year renewal filing. Must be paired with a Section 8 declaration of continued use.
Section 15
An optional declaration filed between years 5 and 6 making the registration "incontestable." After incontestability, certain challenges (like a claim that the mark is merely descriptive) are no longer available.
Specimen
Evidence that the mark is actually being used in commerce. For goods, typically a photo of the product with the mark on it. For services, advertising or marketing materials.
Statement of Use
For intent-to-use applications, the filing that proves the mark has now been used in commerce. Without an acceptable Statement of Use (or extension request), an intent-to-use application is abandoned.
Status code
USPTO's three-digit numerical code identifying the current state of an application or registration. Codes 600+ are mostly abandonment-related; 700+ are mostly active registrations. Our status code guide walks through all 96.
Supplemental Register
The "secondary" trademark register, for marks that are descriptive but capable of acquiring distinctiveness. Provides fewer protections than the Principal Register but does prevent the issuance of confusingly similar marks and allows use of the ® symbol.
TEAS
Trademark Electronic Application System, USPTO's online filing system. The vast majority of applications are filed through TEAS or its successor systems.
TMEP
The Trademark Manual of Examining Procedure, USPTO's own internal manual for examining attorneys. Roughly 2,000 pages, freely available online, the canonical reference for what USPTO will and won't accept. Our Filing Strategy Q&A tool is grounded in the TMEP.
TTAB
Trademark Trial and Appeal Board, the administrative court within USPTO that hears appeals of examiner refusals and inter-party disputes (oppositions, cancellations). Decisions can be further appealed to federal court.

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