Trademark Codes
The LOC trademark codes (TR series) covering mark work from clearance through registration, maintenance, and enforcement across domestic and international tracks, the most unit-benchmarkable category in IP.
UTBMS trademark codes structure mark work from clearance through registration, maintenance, and administrative enforcement, split between domestic and international tracks.
The set's granularity makes trademark spend the most unit-benchmarkable category in intellectual property: cost per search, per application, per office action response, and per proceeding are all directly computable when the codes are applied consistently. Every code is searchable alongside all sets at the UTBMS code database.
Trademark work is high-volume and repeatable, which makes it a natural fit for the unit-cost discipline a legal spend management program brings: when each step of the mark lifecycle is coded, a department can price its portfolio and compare firms on the same unit of work.
What are trademark codes used for?
Trademark codes follow the lifecycle of a mark from clearance search through application, prosecution, registration, maintenance, and enforcement, with parallel domestic and international tracks. That structure turns a portfolio of mark work into a series of comparable, priceable units.
The defining review signal is unit cost. Because the steps are discrete and repeatable, cost per search, per application, and per office action response can be computed and compared across firms, which is unusual in legal work and powerful in trademark.
What does each trademark code cover?
TR110: Fact Investigation and DevelopmentLOC (2009)
Investigating and understanding the facts of a trademark matter, including initial client meetings, interviews, and document review not covered by a more specific code.
When to use this code: Use for early factual development on a trademark matter.
Patterns reviewers commonly see: The general-administration share of a prosecution-heavy portfolio running high, since most trademark work has a specific home in the codes below.
What invoice review checks: TR100-group concentration as a percentage of trademark fees; prosecution portfolios should show most volume in the TR300 through TR600 groups.
TR120: Analysis/StrategyLOC (2009)
Strategic thinking and planning for a trademark matter not covered elsewhere, including initial case-assessment research.
When to use this code: Use for genuine strategy work. Research supporting a specific task belongs with that task, such as office action research under TR430 or TR630.
Patterns reviewers commonly see: Research and analysis coded here when it supports a specific prosecution task, which shifts cost out of the unit metrics.
What invoice review checks: Whether analysis entries name a strategic question or a specific task; the latter belong with the task code.
TR130: Document/File ManagementLOC (2009)
Creating and managing document databases and filing systems for the matter, narrowly defined.
When to use this code: Use sparingly; calendaring and docketing belong with the underlying task codes unless the client instructs otherwise.
Patterns reviewers commonly see: Administrative docketing time at professional rates, the trademark version of the A110 and L140 pattern.
What invoice review checks: The overhead test from your guidelines applies regardless of the task code chosen.
TR140: BudgetingLOC (2009)
Developing, negotiating, and revising the matter budget where not part of another task.
When to use this code: Use for budget work where guidelines permit billing it.
Patterns reviewers commonly see: Billable budgeting where guidelines designate it non-billable.
What invoice review checks: The guideline designation, same as L150.
TR199: Other Assessment, Development, or AdministrationLOC (2009)
Assessment and administration work that fits no previous code.
When to use this code: Minimal expected usage.
Patterns reviewers commonly see: Material volume in the catch-all.
What invoice review checks: Fold into the cross-set catch-all hygiene metric by firm.
TR220: Registerability InvestigationLOC (2009)
Knockout or preliminary searching to determine initial availability of a mark, including scoping, search, analysis, and reporting.
When to use this code: Use for preliminary knockout searches that decide whether a full clearance under TR230 is warranted. Vendor search costs belong under expense codes.
Patterns reviewers commonly see: Full-search-level hours on preliminary screens, and preliminary searches skipped so every mark goes straight to full clearance cost.
What invoice review checks: Cost per knockout search and the ratio of TR220 to TR230 volume, which shows whether the two-stage screening discipline is operating.
TR230: Clearance InvestigationLOC (2009)
Full clearance searching to determine final availability and registerability, covering registry records, common law sources, and business records, with analysis and reporting.
When to use this code: Use for full clearance work. Formal opinions belong under TR710.
Patterns reviewers commonly see: Full clearances on marks a knockout search would have eliminated, and wide cost variance per clearance across firms.
What invoice review checks: Cost per clearance as a unit benchmark, read with E128 vendor search costs for the complete figure.
TR240: Opposition InvestigationLOC (2009)
Investigating actual or potential opposition, infringement, or dilution claims before a trademark office tribunal.
When to use this code: Use for the investigation stage; contested proceedings themselves run under TR440 or TR640.
Patterns reviewers commonly see: Investigation continuing after the proceeding begins, when the work belongs with the proceeding code.
What invoice review checks: The filing date of the proceeding is the coding boundary, verifiable from the tribunal record.
TR250: Publication WatchesLOC (2009)
Planning, running, and reporting periodic watch searches for conflicting marks and monitored applications.
When to use this code: Use for watch program work; vendor watch services belong under E128.
Patterns reviewers commonly see: Attorney-rate review of watch notices that a structured triage process would resolve faster, and watch reporting billed per notice at rates that exceed the decision value.
What invoice review checks: Watch program cost per year against actions actually taken from watch notices; the program should pay for itself in caught conflicts.
TR260: Enforcement InvestigationLOC (2009)
Investigating potential infringement, dilution, or unfair competition claims headed for court rather than a trademark office tribunal.
When to use this code: Use for the investigative stage of court-track enforcement; litigation itself runs under the litigation codes.
Patterns reviewers commonly see: The TR260-to-litigation-codes transition applied inconsistently, splitting enforcement cost across coding regimes.
What invoice review checks: Read TR260 with litigation fees on the same dispute for the full enforcement cost.
TR270: Status InvestigationLOC (2009)
Determining the status of pending or registered marks, including office inquiries, database review, and status reporting. Includes maintenance fee status checks.
When to use this code: Use for status work; expect small, frequent entries.
Patterns reviewers commonly see: Recurring status reports billed at volumes that a docketing system report would replace.
What invoice review checks: Aggregate TR270 volume per year; heavy manual status work usually signals a docketing tooling gap.
TR299: Other Trademark Investigation and AnalysisLOC (2009)
Investigation and analysis that fits no previous code.
When to use this code: Minimal expected usage.
Patterns reviewers commonly see: Material catch-all volume.
What invoice review checks: Cross-set catch-all hygiene metric.
TR310: Application Preparation and Filing - DomesticLOC (2009)
Preparing and filing home-country trademark and service mark applications, including renewals filed as applications, specimen handling, use-date confirmation, drafting, filing, and reporting.
When to use this code: Use for domestic application work. Government fees belong under expense codes.
Patterns reviewers commonly see: Per-application hours varying widely for standard single-class filings, which follow a stable pattern.
What invoice review checks: Cost per application by class count, the core unit benchmark of domestic prosecution, and the natural basis for fixed-fee schedules.
TR399: Other Domestic Trademark Application Preparation and FilingLOC (2009)
Domestic application work that fits no previous code.
When to use this code: Minimal expected usage.
Patterns reviewers commonly see: Material catch-all volume.
What invoice review checks: Cross-set catch-all hygiene metric.
TR410: Affidavits, Petitions, Extensions, Declarations and Other Filings - DomesticLOC (2009)
Processing affidavits, petitions, extensions, declarations, ownership and correspondence changes with the home-country office, excluding office action responses.
When to use this code: Use for domestic post-filing formalities.
Patterns reviewers commonly see: Extension filings recurring across the portfolio, which carry both fees and E131 surcharges and often trace to client decision latency worth fixing upstream.
What invoice review checks: Per-filing unit cost, and extension frequency as a process metric shared with E131.
TR420: Preliminary Amendment - DomesticLOC (2009)
Amending a domestic application before examination on the merits, including revised drawings within permitted scope.
When to use this code: Use for pre-examination amendments.
Patterns reviewers commonly see: Frequent preliminary amendments, which usually indicate application quality issues at initial filing.
What invoice review checks: Amendment frequency per application by firm; well-prepared applications rarely need them.
TR430: Official Communication - DomesticLOC (2009)
Responding to office actions and other official communications from the home-country office, including deadline docketing, proposed responses, arguments, examiner interviews, and reporting. Includes non-merits communications such as notices of allowance and registration certificates.
When to use this code: Use for domestic office action and official communication work, the volume center of domestic prosecution.
Patterns reviewers commonly see: Cost per office action response varying widely for refusals of the same type, and full-rate handling of routine non-merits notices such as registration certificates.
What invoice review checks: Cost per response by refusal type, the most benchmarkable figure in trademark prosecution, with routine notice handling priced accordingly.
TR440: Quasi-Judicial Administrative Proceedings - DomesticLOC (2009)
Contested proceedings before the home-country office tribunal, including appeals, oppositions, and other ex parte and inter partes matters, covering evidence, motions, briefs, and hearings.
When to use this code: Use for domestic TTAB-style proceedings.
Patterns reviewers commonly see: Full-litigation staffing intensity on proceedings that settle early, as most oppositions do.
What invoice review checks: Cost per proceeding against outcomes, with early-resolution rates by firm as the strategic benchmark.
TR499: Other Trademark Prosecution - DomesticLOC (2009)
Domestic prosecution work that fits no previous code.
When to use this code: Minimal expected usage.
Patterns reviewers commonly see: Material catch-all volume.
What invoice review checks: Cross-set catch-all hygiene metric.
TR510: Application Preparation and Filing - InternationalLOC (2009)
Preparing and filing applications outside the home country, including national, regional, and Madrid system filings, with powers of attorney, translations coordination, priority analysis, and reporting.
When to use this code: Use for international application work. Foreign associate charges and official fees belong under expense codes.
Patterns reviewers commonly see: Duplicated preparation cost between lead counsel and foreign associates for the same filing, and Madrid-eligible filings routed as direct national applications without a stated reason.
What invoice review checks: Cost per country per filing, and the Madrid-versus-national routing decision made explicitly, since it drives the whole cost structure of an international program.
TR599: Other International Trademark Application Preparation and FilingLOC (2009)
International application work that fits no previous code.
When to use this code: Minimal expected usage.
Patterns reviewers commonly see: Material catch-all volume.
What invoice review checks: Cross-set catch-all hygiene metric.
TR610: Affidavits, Petitions, Extensions, Declarations and Other Filings - InternationalLOC (2009)
Post-filing formalities with offices outside the home country, excluding office action responses.
When to use this code: Use for international post-filing formalities.
Patterns reviewers commonly see: Lead counsel review layered on foreign associate work for routine formalities.
What invoice review checks: Per-filing cost including both the associate invoice (expense side) and lead counsel time, read together.
TR620: Preliminary Amendment - InternationalLOC (2009)
Pre-examination amendments to international applications.
When to use this code: Use for pre-examination amendments abroad.
Patterns reviewers commonly see: Same pattern as TR420, compounded by associate-and-lead-counsel duplication.
What invoice review checks: Amendment frequency and the division of work between lead and local counsel.
TR630: Official Communication - InternationalLOC (2009)
Responding to official communications from offices outside the home country, including proposed responses, instructions to local counsel, and reporting.
When to use this code: Use for international office action work.
Patterns reviewers commonly see: Both lead counsel and the foreign associate billing substantive response work on the same communication.
What invoice review checks: Cost per response per country, with the lead-versus-local division of labor visible when fee and expense sides are read together.
TR640: Quasi-Judicial Administrative Proceedings - InternationalLOC (2009)
Contested proceedings before tribunals of offices outside the home country.
When to use this code: Use for international opposition and appeal proceedings.
Patterns reviewers commonly see: Same staffing-intensity pattern as TR440 with an added coordination layer.
What invoice review checks: Cost per proceeding per jurisdiction against outcomes.
TR699: Other Trademark Prosecution - InternationalLOC (2009)
International prosecution work that fits no previous code.
When to use this code: Minimal expected usage.
Patterns reviewers commonly see: Material catch-all volume.
What invoice review checks: Cross-set catch-all hygiene metric.
TR710: Opinion PreparationLOC (2009)
Formal legal opinions on validity, enforceability, infringement, or non-infringement of trademark rights.
When to use this code: Use for formal opinions; investigation feeding them runs under the TR200 group.
Patterns reviewers commonly see: Formal opinion format where an assessment memo was requested, the C300 format dynamic.
What invoice review checks: Format expectations set at intake, and cost per opinion as a unit benchmark.
TR720: Portfolio Analysis and ManagementLOC (2009)
Reviewing, analyzing, documenting, and managing a trademark portfolio, including trademark due diligence in transactions.
When to use this code: Use for portfolio-level work.
Patterns reviewers commonly see: Portfolio reviews rebuilt from scratch each cycle rather than maintained incrementally.
What invoice review checks: Cost per portfolio review over time; a maintained portfolio should show declining review cost.
TR730: Assignments and Security InterestsLOC (2009)
Negotiating and preparing assignments and security interests in marks, including file history review and status checks.
When to use this code: Use for assignment and security interest work.
Patterns reviewers commonly see: Recordation formalities at attorney rates where paralegal handling is standard.
What invoice review checks: Per-recordation unit cost, a fixed-fee candidate.
TR740: LicensingLOC (2009)
Negotiating and preparing trademark licenses.
When to use this code: Use for license work.
Patterns reviewers commonly see: Standard-form licenses billed at bespoke-drafting hours, the A103 template pattern.
What invoice review checks: Hours per license against the deviation from the client's standard form.
TR750: Domain Names - gTLDsLOC (2009)
Domain name applications and renewals for generic top-level domains.
When to use this code: Use for gTLD registration work, normally routed through the incumbent registrar.
Patterns reviewers commonly see: Attorney time on registrations the registrar workflow completes administratively.
What invoice review checks: Whether legal involvement was needed per registration event.
TR760: Domain Names - ccTLDsLOC (2009)
Domain name applications and renewals for country-code top-level domains.
When to use this code: Use for ccTLD registration work, including local-presence requirements.
Patterns reviewers commonly see: Per-country handling costs that a corporate domain management vendor would consolidate.
What invoice review checks: Portfolio-level domain management cost against vendor alternatives.
TR770: Quasi-Judicial Administrative Proceedings - Domain NamesLOC (2009)
UDRP and similar domain dispute proceedings before administrative tribunals under ICANN and WIPO rules.
When to use this code: Use for domain dispute proceedings; court actions run under litigation codes.
Patterns reviewers commonly see: UDRP filings on disputes a demand letter resolves, and vice versa.
What invoice review checks: Cost per UDRP against outcomes; the procedure is standardized enough that per-proceeding pricing is realistic.
TR799: Other Trademark Related TasksLOC (2009)
Trademark work that fits no previous code.
When to use this code: Minimal expected usage.
Patterns reviewers commonly see: Material catch-all volume.
What invoice review checks: Cross-set catch-all hygiene metric.
How should legal departments use trademark codes in invoice review?
Trademark review is largely a unit-economics exercise. Compute cost per application, per office action response, and per proceeding across your firms, and treat outliers as a rate or scope conversation rather than a line-by-line one. The domestic and international split matters, since foreign associate costs follow different economics.
This only works when the eBilling platform captures trademark codes on every line and computes the unit metrics automatically, which is where legal technology implementation matters: portfolio-level unit costing belongs in the system, applied across every mark and every firm.
How do Trademark Codes support legal spend management?
Trademark Codes only deliver value inside a program that enforces them. Our legal spend management and enterprise legal management hubs cover how coded invoices become spend control, and our guides to outside counsel spend benchmarks, outside counsel rate negotiation, and spend analytics versus reporting go deeper on the review programs, guidelines, and eBilling rules that put UTBMS coding to work.
Bottom Line
Trademark is the most benchmarkable category in intellectual property because its work breaks cleanly into repeatable, priceable units. Coded consistently, the set turns mark work into cost per search, per application, and per proceeding, which is the kind of comparison most legal work resists. The domestic and international tracks keep those unit costs honest.
Code trademark work consistently and portfolio spend becomes a set of unit costs you can benchmark firm against firm.
Frequently asked questions
What are UTBMS trademark codes used for?
They structure trademark work across the lifecycle of a mark, from clearance search through application, registration, maintenance, and enforcement, split into domestic and international tracks. This lets a legal department code, price, and benchmark mark work by discrete step.
Why is trademark called the most benchmarkable IP category?
Trademark work breaks into discrete, repeatable steps, so cost per search, per application, per office action response, and per proceeding are all directly computable when the codes are applied consistently. Few areas of legal work support unit-cost comparison this cleanly.
Why do the codes split domestic and international work?
Foreign trademark work runs through local associates and follows different cost economics than domestic filings. Keeping domestic and international tracks separate keeps unit-cost comparisons meaningful and prevents foreign associate charges from distorting domestic benchmarks.
How should trademark codes be used in invoice review?
Compute unit costs per application, per office action response, and per proceeding across firms, and treat outliers as a rate or scope discussion. Each code below lists the patterns reviewers commonly see and what invoice review checks, so the unit test is concrete for every step.
How do UTBMS codes relate to outside counsel billing guidelines and legal spend management?
UTBMS codes are the shared vocabulary that outside counsel billing guidelines and a legal spend management program depend on. Guidelines define what each code should and should not contain, the eBilling system enforces those rules, and consistent coding is what makes spend analytics and cross-firm benchmarking possible. Without agreed codes, guidelines cannot be enforced and spend data cannot be compared.
About this reference
UTBMS code sets are standards published by their respective bodies, including the ABA, the LEDES Oversight Committee, UTBMS.com, the CBA, DRI, the Judiciaries of England and Wales, and the Yerra Global KM Expert Group. All copyrights and trademarks are the property of their respective owners; Swiftwater & Company is not affiliated with or endorsed by any of them.
Code identifiers follow the published standards, while all descriptions and annotations are original Swiftwater commentary, developed with human expertise, proprietary consulting knowledge, and AI assistance.
This is general reference material, not legal advice. Standards are revised over time, so confirm the current version with the originating body before implementing.
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