API
Trademarks
USPTO trademark search, application, Statement of Use, and Section 8 / 8&9 / 15 maintenance — wrapping the Jan-2025 single-application system. USPTO forms are public domain (17 USC §105).
Last updated
TL;DR. Search USPTO with searchTrademark
before launching a brand. File the application with
createTrademark — choose
basis Section 1(a) actual_use (specimen required) or Section 1(b)
intent_to_use (Statement of Use within 6 months of Notice of
Allowance). Maintenance windows (Section 8 at 5–6 yrs, Section 8&9
at 9–10 yrs, optional Section 15 incontestability) auto-roll onto the
compliance calendar.
Resources
| Resource | ID prefix | Purpose |
|---|---|---|
TrademarkSearch | tms_ | A USPTO TESS search snapshot for a mark + classes + jurisdiction. |
Trademark | tmk_ | A USPTO trademark application or registration. |
Lifecycle
Trademark.status:
pending_filing → filed → published_for_opposition
→ opposed (resolved → next state, or cancelled)
→ notice_of_allowance (1(b) intent-to-use only)
→ registered
→ expired (lapsed maintenance)
→ abandoned | cancelled (adverse outcomes)Two paths through filing
USPTO accepts two bases for a U.S. trademark application:
Section 1(a) — actual use
The mark is already in use in interstate commerce. At filing the applicant supplies:
first_use_date— first use anywherefirst_use_in_commerce_date— first interstate usespecimen_file_id— image showing the mark on the actual goods or in the rendering of the services (label, packaging, screenshot of a live website, etc.)
If accepted by the examiner and unopposed during publication, the mark
moves directly to registered.
Section 1(b) — intent to use
The applicant has a bona fide intention to use the mark but isn't using
it yet. No specimen at filing. After published_for_opposition and the
opposition window closes, USPTO issues a Notice of Allowance
(status: notice_of_allowance).
The applicant then has 6 months to file a Statement of Use with
fileStatementOfUse,
supplying the same first-use dates and specimen the 1(a) path requires
upfront. Each 6-month extension carries an additional USPTO fee.
1(b) intent-to-use path:
filed → published → notice_of_allowance → [SoU within 6mo or extensions] → registeredApplication attributes and fees
USPTO consolidated TEAS Plus and TEAS Standard into a single application system in January 2025. There is now one base fee plus surcharges for non-standard attributes:
| Attribute | Effect |
|---|---|
identification_source: custom (any class) | Custom-ID surcharge per class |
additional_classes_count > 0 | Per-class surcharge |
claims_prior_registration: true | Prior-registration surcharge |
| Long goods/services description | Length-based surcharge |
Matter computes the expected fee from application_attributes and
returns it on the Trademark resource so callers can confirm before
authorizing the filing. Pass ?dry_run=true on
createTrademark to preview
the fee without filing.
Maintenance windows
Once a trademark reaches registered, three maintenance windows compute
automatically and surface on the entity's compliance calendar:
| Declaration | Window | Purpose |
|---|---|---|
| Section 8 | 5th–6th year post-registration | Declaration of Continued Use. Failure cancels the registration. |
| Section 8 & 9 | Every 10 years (9th–10th of each cycle) | Combined Declaration of Continued Use + Application for Renewal. Failure cancels. |
| Section 15 (optional) | After 5 continuous years post-registration | Declaration of Incontestability. Promotes the mark to incontestable status (significantly stronger legal protection). |
File a maintenance declaration with
fileTrademarkMaintenance.
Each requires a current specimen and a sworn statement; Matter generates
the appropriate Document and the partner-filer submits to USPTO.
Common operations
| Operation | Tier | Use |
|---|---|---|
searchTrademark | 1 | Run a USPTO TESS search; idempotent on (mark, classes, date). |
createTrademark | 3 | File an application via Matter, or record an externally-filed application. |
listTrademarks | 1 | List the entity's trademarks with status filter. |
retrieveTrademark | 1 | Get full status + maintenance schedule. |
fileStatementOfUse | 3 | File SoU for a 1(b) application after Notice of Allowance. |
fileTrademarkMaintenance | 3 | File Section 8 / 8&9 / 15 declaration. |
Choosing classes
USPTO uses the Nice Classification system — 45 classes covering goods (1–34) and services (35–45). Common consumer-tech brand classes:
| Class | Coverage |
|---|---|
| 9 | Software, downloadable / SaaS interfaces |
| 25 | Apparel, footwear, headwear |
| 35 | Advertising, business services, retail / e-commerce |
| 41 | Education, training, entertainment |
| 42 | Technology services, SaaS (delivered as a service) |
When unsure for a software product with a consumer brand, file in 9 + 35
- 42. For a physical product, add the relevant goods class (25 for apparel, etc.).
Mode: file via Matter vs record external
createTrademark supports two modes:
file_via_matter— Matter's USPTO-filing partner submits the application. Returns a Trademark inpending_filing; advances tofiledonce USPTO assigns a serial number.record_external— record an application that was filed off-platform (outside counsel, Trademarkia, LegalZoom IP). Caller suppliesserial_number. Returns a Trademark infiled.
Externally-filed applications still benefit from Matter's compliance calendar — maintenance windows compute the same way, and the dashboard surfaces them alongside other obligations.
Source materials
USPTO trademark forms are works of the U.S. Government and reside in
the public domain (17 USC §105). Matter's spec mirrors USPTO's
conceptual model directly — basis_of_filing, specimen, Statement of Use, Section 8 / 9 / 15 are all USPTO terminology. No license
attribution is required, though good practice is to link the
USPTO trademarks portal for
authoritative process documentation.
What's out of scope (today)
- International filings. v1 is US-only. Madrid Protocol (WIPO) and EUIPO support is a follow-up workstream.
- Office-action handling. The back-and-forth with USPTO examining attorneys (responding to refusals, amending the identification of goods/services, arguing against §2(d) likelihood-of-confusion refusals) is typically handled by outside counsel or trademark platforms. v1 captures the application; office-action management comes later.
- Opposition / cancellation proceedings. TTAB practice is out of scope; if a third party opposes, the founder works with counsel and Matter records the outcome.