How to Register a Trademark in the United States

Introduction

If you run a business, your brand name and logo are among your most valuable assets. In the United States, a trademark (for goods) or service mark (for services) is a word, symbol, design or sound that identifies your goods or services and distinguishes them from those of your competitors. Trademarks are different from patents and copyrights: patents protect inventions and processes, while copyrights protect original artistic works such as songs or books. A domain name or a business name registration also does not create trademark rights. Because a trademark identifies you as the source of particular goods or services, registering it provides strong nationwide rights and helps you protect your brand.

Federal registration through the U.S. Patent and Trademark Office (USPTO) is voluntary, but it offers significant benefits. Registered marks appear in the USPTO’s public database, creating nationwide notice to others, and the registration certificate provides a legal presumption that you own the mark and have the right to use it. Registration also gives you the right to use the ® symbol and to bring an infringement lawsuit in federal court. You can base foreign applications on your U.S. registration, and record the mark with U.S. Customs and Border Protection to stop importation of infringing goods. Unlike state registration or unregistered “common‑law” rights—which are limited to the geographic area where you actually use the mark—federal registration confers nationwide priority and can last indefinitely if maintained.

Understanding U.S. Trademarks

What a trademark protects

A trademark protects brand names, slogans, logos, and other source identifiers. It shows consumers who makes the goods or provides the services, whereas patents protect inventions and copyrights protect creative works. Registering a domain name or forming a business entity does not grant trademark rights. To get trademark protection you must use or intend to use the mark to identify your goods or services.

Why federal registration matters

Federal registration is not mandatory—you acquire limited rights simply by using a mark in commerce—but federal registration expands those rights dramatically. The benefits include:

• Nationwide notice: Your mark appears in the USPTO’s public database, so others searching for similar marks will see your registration and may avoid using a confusingly similar mark.
• Legal presumptions: Registration creates a legal presumption that you own the mark and have the exclusive right to use it throughout the United States. This makes it easier to enforce your rights in court.
• Access to federal courts: Registration allows you to file an infringement lawsuit in federal court and to seek certain remedies unavailable for unregistered marks.
• International leverage: You can use your U.S. registration as a basis for seeking protection in foreign countries.
• Use of the ® symbol: Registered owners may use the ® symbol to deter infringers and show the mark is federally registered. Before registration you may use the TM (for goods) or SM (for services) symbols, which signal that you claim rights in the mark even if no application has been filed.
• Customs enforcement: You can record your mark with U.S. Customs and Border Protection to block importation of counterfeit goods.

Who can apply

Any individual or entity that uses or intends to use a trademark in interstate commerce may apply for federal registration. However, the application must identify the correct legal owner and entity type (individual, corporation, LLC, partnership, etc.). Listing the wrong owner is a non‑fixable mistake that will force you to start over. Foreign‑domiciled applicants must be represented by a U.S.‑licensed attorney. U.S.‑domiciled applicants are not required to have an attorney, but the USPTO “strongly encourage[s]” you to hire one because an attorney can advise you on registrability, conduct clearance searches, prepare the application and respond to USPTO correspondence.

Preparing Your Application

1. Select a strong trademark

Not every word or phrase can be protected. The USPTO classifies trademarks according to their distinctiveness. Fanciful marks are invented words that have no meaning outside the goods or services they identify (e.g., Exxon® for petroleum). Arbitrary marks are real words with no connection to the product (e.g., Apple® for computers). Suggestive marks hint at some quality of the product without directly describing it (Coppertone® for sun‑tanning oil). These categories are inherently distinctive and easier to register. Descriptive marks merely describe the goods or services (e.g., “Creamy” for yogurt) and are registrable only if they have acquired secondary meaning through extensive use. Generic terms such as “Bicycle” for bicycles are not trademarks at all and cannot be registered. Similarly, common phrases like “Proudly made in the USA” or “Think green” do not indicate source and will be refused.

When choosing a mark, be creative. Avoid descriptive or generic wording, surnames without proof of distinctiveness, or names and portraits of living individuals without consent. Consider how easily the public can pronounce and spell the mark and whether it has unintended meanings in other languages.

2. Conduct a clearance search

One of the most common reasons applications are refused is the likelihood of confusion with an existing mark. Even if two marks are not identical, they may be confusingly similar if they look alike, sound alike, have similar meanings, or are used with related goods or services. Before applying, you should conduct a comprehensive clearance search. This includes searching the USPTO’s database for registered and pending marks, state trademark databases, and the internet. Although the USPTO examining attorney also searches the federal database, they do not look at state databases or common law uses. A thorough search can save you the time and expense of filing an application that will be rejected.

3. Identify your goods and services and classify them

You must list the specific goods and services you offer (or intend to offer) and group them into classes under the Nice Classification. Goods are in Classes 1–34, and services are in Classes 35–45. The purpose of classification is to group similar goods or services; each class requires a separate filing fee. The USPTO uses the Trademark ID Manual to determine acceptable descriptions. Carefully identify your goods—identifying your goods as “labels” when you actually sell wine will result in refusal. You may later narrow your goods, but cannot expand them. Because each class increases the cost, decide whether you need multiple classes or can consolidate goods or services into a single class.

4. Choose the appropriate filing basis

Every application must have at least one filing basis. Under Section 1(a) (use in commerce) you assert that you are already using the mark in interstate commerce. You must provide dates of first use, a statement that the mark is in use, at least one specimen showing such use for each class, and a declaration verifying this information. Under Section 1(b) (intent to use) you have a bona fide intention to use the mark. You file the application now and submit evidence of use later; registration will not issue until you file a statement of use and pay the required fee. Two other bases are available for foreign applicants: Section 44(e) for owners of a foreign registration of the same mark for the same goods or services, and Section 44(d) for owners of a prior foreign application filed within six months.

5. Select the drawing format and prepare specimens

Your application must include a drawing—a depiction of the mark to be registered. You can file a standard character drawing (text only with no stylization or design) or a special form drawing (stylized, colored or design‑based). A standard character drawing generally gives broader protection because it covers the wording in any font or style. Only one mark may be included per application; if you want to protect multiple variations (e.g., word mark, stylized word, logo), you must file separate applications. For applications based on use in commerce, you must also submit a specimen showing how you actually use the mark with your goods or services. For goods, a specimen might be a photograph of the mark on a label, hangtag or packaging. For services, a specimen might be a brochure or website screenshot showing the mark used in advertising. Do not confuse the drawing with the specimen; the drawing shows what you want to register, while the specimen proves actual use.

6. Decide whether to hire an attorney

If you are domiciled outside the United States, a U.S.‑licensed attorney must represent you before the USPTO. U.S.‑domiciled applicants are not required to have an attorney, but the USPTO encourages hiring one because they can conduct searches, prepare the application, respond to office actions, enforce your rights, and shield you from scams. Be cautious of private filing companies that offer to file your application; they are not law firms and may charge separate fees.

Filing the Application

Submit your application via Trademark Center

After you have selected a strong mark, classified your goods or services, and prepared the drawing and specimen, you are ready to file. You must create a USPTO.gov account with two‑step authentication and use the Trademark Center to submit your application. During filing you will provide:

1. The owner’s name and address.
2. The drawing of the mark (standard characters or special form).
3. A list of goods and services and their classes.
4. The filing basis (use or intent to use, or a foreign basis).
5. Specimens (for use‑based applications).
6. Filing fees.

After submission, an application serial number is assigned and the USPTO will later assign your application to an examining attorney. It is your responsibility to monitor the status of the application throughout the process and update your address and email; failure to respond to an office action or maintain your contact information can lead to abandonment.

Fees

As of February 2025, the USPTO charges a base application fee of $350 per class for applications filed under Sections 1 or 44. If your goods fall into two different classes, you must pay $350 for each class (e.g., $700 for goods in two classes). Applications filed through the Madrid Protocol pay $600 per class. Additional fees apply if you provide descriptions not drawn from the USPTO’s ID Manual ($200 per class) or file an incomplete application ($100). Post‑registration fees include $325 per class for the Section 9 renewal and $325 per class for the Section 8 declaration of use and $150 per class for each Statement of Use. Filing fees are not refundable, so accuracy is important. The cost of maintaining a registration every ten years is $650 per class (combining the Section 8 declaration and Section 9 renewal).

Timeline

Trademark registration is not immediate; it usually takes 12–18 months and there is no guarantee of success. The timeframe depends on factors like the complexity of the application, the examining attorney’s workload and whether any office actions or oppositions arise. You can view current processing times on the USPTO’s website and avoid delays by filing complete, accurate forms.

What Happens After Filing

Publication and opposition

If the examining attorney approves the mark, it is published in the Trademark Official Gazette for a 30‑day opposition period. Any party believing they may be damaged by the mark can file an opposition; this proceeding resembles a federal court trial but is held before the Trademark Trial and Appeal Board. If no opposition is filed or the opposition fails, the application moves forward.

• Applications based on use in commerce, a foreign registration or an extension of protection under the Madrid Protocol will register and the USPTO will issue a registration certificate.
• Applications based on intent to use receive a Notice of Allowance about eight weeks after publication. The applicant then has six months to file a Statement of Use (SOU) showing actual use of the mark or request an extension. Additional extension requests are permitted within limits. Failure to timely file an SOU or extension causes abandonment.

If the examining attorney rejects the SOU or issues a final refusal, you may appeal to the Trademark Trial and Appeal Board for an additional fee.

Maintaining your registration

Registration is not the end of the process. You must continue using the mark in interstate commerce and file maintenance documents at prescribed intervals. Specifically, you must:

• File a Section 8 Declaration of Use between the 5th and 6th year of registration, providing a verified statement that you are still using the mark and a specimen for each class, along with a fee per class.
• Optionally file a Section 15 Declaration of Incontestability after five years of continuous use, asserting that your registration is now incontestable. This strengthens your rights but is not required.
• File a combined Section 8 Declaration of Use and Section 15 Declaration of Incontestability between years 5–6 if you want to combine the filings.
• Between the 9th and 10th year, and every ten years thereafter, file a combined Section 8 Declaration of Use and Section 9 Application for Renewal. If you miss the deadlines, your registration will be cancelled, and you will need to start over.

To keep your registration alive, continue using the mark, pay the required fees, and keep your address and email current. Federal registration can last forever, but only if you meet these maintenance requirements.

Conclusion

Registering a trademark with the USPTO is a multistep process that requires careful planning, accurate paperwork, and ongoing maintenance. Begin by choosing a distinctive mark and researching existing marks to avoid conflicts. Identify your goods and services and classify them correctly. Decide whether you are already using the mark or only intend to use it, prepare your drawing and specimen, and file your application with the appropriate fees. After filing, work with the examining attorney, respond to any office actions, and monitor your application through publication and (if necessary) the statement‑of‑use stage. Once your mark registers, maintain it by using it in commerce and filing periodic declarations and renewals. While registration takes time—typically 12–18 months—it provides nationwide protection and significant legal advantages that can last indefinitely. By following this USPTO guide, you can secure your brand identity and build long‑term value in your business.

FAQ

What is the difference between a trademark, a patent, and a copyright?

A trademark protects brand names, slogans, logos, and other source identifiers. A patent protects inventions, and a copyright protects original artistic or literary works. Registering a domain name or a business name does not create trademark rights.

How long does a federal trademark registration last?

A federal registration can last indefinitely if you continue using the mark in commerce and file the required maintenance documents on time. You must file a declaration of use between the 5th and 6th year and combined declarations and renewals every ten years. Failure to maintain the registration will result in cancellation, and you will need to start over.

Do I need an attorney to apply for a trademark?

If you are domiciled in the United States, you are not required to have an attorney, although the USPTO strongly encourages hiring one. Foreign‑domiciled applicants must be represented by a U.S.‑licensed attorney. An attorney can conduct clearance searches, prepare the application, respond to office actions, and help enforce your rights.

Can I use the TM or ® symbol?

You may use TM for goods or SM for services as soon as you claim rights in a mark, even if you have not filed an application. After your mark is federally registered, you may use the ® symbol with the mark. The registration symbol may only be used for the goods or services listed in your registration.

How much does it cost to register a trademark?

The base application fee is $350 per class for applications filed under Sections 1 or 44. If your goods or services fall in multiple classes, you pay the fee for each class. Additional fees apply for customized descriptions, incomplete applications and statements of use. Maintenance filings cost $325 for a declaration of use and $325 for renewal per class every ten years. Fees are non‑refundable, so ensure your application is complete and accurate.

How long does the registration process take?

The process typically takes 12–18 months from filing to registration. The timeline depends on workload, complexity and whether any office actions or oppositions arise. Accurate filings and timely responses help avoid delays.

What is a specimen, and when must I provide one?

A specimen is evidence of how you actually use the mark in commerce. For goods, a specimen might be a label, hangtag or packaging showing the mark. For services, a specimen could be a brochure or a screenshot of a website advertising the services. You must provide a specimen when filing based on use in commerce (Section 1(a)) or when submitting a statement of use for an intent‑to‑use application.

What happens if I fail to maintain my registration?

If you do not continue using your mark in interstate commerce or fail to file the required maintenance documents and fees, your registration will expire or be cancelled. Once cancelled, the only way to regain nationwide protection is to start over with a new application.

How are goods and services classified?

The USPTO uses the Nice Classification, which divides goods into Classes 1–34 and services into Classes 35–45. Each class groups similar goods or services and requires a separate filing fee. The classification system ensures consistent identification, but the descriptions you provide must be specific and comply with USPTO policy.

What is the difference between use‑in‑commerce and intent‑to‑use bases?

Under Section 1(a) you assert that you are already using the mark in interstate commerce. You must provide dates of first use and a specimen showing use for each class. Under Section 1(b) you have a bona fide intention to use the mark. You can file an application now, but registration will not issue until you submit a Statement of Use and evidence that you have begun using the mark. Applicants using a foreign registration or foreign application may rely on Sections 44(e) or 44(d).