You’ve poured your heart into building your brand’s identity, the name, the logo, it’s everything. But what if someone else could legally use a similar name, confusing your customers and hijacking your reputation? A federal trademark is your shield.
Getting that little ® symbol next to your name isn’t just for big corporations. The core benefit of registering a trademark is gaining exclusive, nationwide rights to your brand, stopping competitors from unfairly using what you’ve created. This protection is one of the most valuable assets a business can own. This guide breaks down how to register a trademark in the US, step-by-step, to help you avoid costly mistakes and gain true brand ownership.
Trademark vs. Copyright vs. Patent: What’s the Difference for Your Business?
Before starting the application, it’s crucial to know which type of protection you need. Many entrepreneurs confuse the “big three” of U.S. intellectual property, and filing the wrong application is a costly mistake that wastes both time and non-refundable fees.
Each protects a unique type of asset for your business:
- Trademark: Protects your brand identity, like your business name, logo, or slogan.
- Copyright: Protects an original creative work, like a blog post, a photograph, or your website’s code.
- Patent: Protects an invention, like a new type of machine or a unique software process.
To see how this works, imagine you run a bakery. The trademark protects your bakery’s name, “The Rolling Pin.” The copyright protects the original recipes you published in a cookbook. If you invented a new, one-of-a-kind oven to bake your bread, a patent could protect that invention.
Why a Trademark Search Is Your Most Important First Step
Jumping straight to the application without checking if your name is available is a costly risk. Before investing in branding or paying the government’s non-refundable $250+ application fee, a search confirms whether the name you love is available to claim. This single step is the best insurance against a demoralizing rejection.
The U.S. Patent and Trademark Office (USPTO) isn’t just looking for identical matches; its primary goal is to prevent a likelihood of confusion. This means if your proposed name is too similar to an existing registered trademark for related goods or services, your application will likely be denied. For example, if “Sunrise Coffee” already exists, your application for “Sun-Rise Brews” for coffee beans would almost certainly be rejected because customers could easily mix them up.
To build your brand on a solid legal foundation, you must conduct a trademark clearance search before you file. This process uses online trademark search tools to uncover potential conflicts and dramatically reduces your risk of a rejected application or a future legal dispute.
How to Conduct a Basic “Knockout” Search for Free
Your first stop is the government’s official database, TESS (Trademark Electronic Search System). A “knockout” search is a quick, initial check to see if someone has already registered an identical or very similar name. On the TESS homepage, select the option for a “Basic Word Mark Search.”
Effective searching means looking beyond just your exact name. Because the USPTO is concerned with similar sounds, spellings, and meanings, you must get creative. If you want to register “Blue Moon Bakery,” you should also search for variations like “Blu Moon,” “Blue Moone,” and other phonetic spellings to spot potential “likelihood of confusion” issues yourself.
However, a clear TESS result isn’t a complete green light. Some businesses acquire common law trademark rights simply by using a name in commerce, even without a federal registration. This is why a thorough Google and social media search is also critical. Finding another business operating under a similar name can signal a potential legal conflict down the road. If your preliminary search doesn’t raise any major red flags, you have a much stronger starting point.
Gathering Your Assets: What You Need Before You File
With your initial search complete, decide exactly what you want to protect. A Standard Character Mark protects the words themselves, giving you broad rights to use that name in any design. In contrast, a Special Form Mark (or drawing) protects a specific visual, like a stylized logo. For maximum protection, many businesses eventually register both, but starting with the one most central to your brand is a cost-effective strategy.
Next, you’ll need to prove you are using your mark to sell something by providing a specimen of use. This is real-world evidence of your trademark in action. For a product, a good specimen could be a photo of your branded packaging or a screenshot of an online store page where customers can click “add to cart.” For a service, a marketing brochure or website advertising your services under the mark would work.
Finally, you must write a specific description of your goods or services. Instead of saying you sell “clothing,” you would write “t-shirts and hats.” Having these three pieces—your mark type, your specimen, and your description—is what is required to file a trademark application.
Choosing Your Path: TEAS Plus vs. TEAS Standard Application
The U.S. Patent and Trademark Office (USPTO) offers two primary online paths: TEAS Plus and TEAS Standard. The biggest difference is the cost. The USPTO TEAS Plus application is the budget-friendly choice, lowering the government filing fee by about $100 per class of goods or services.
To qualify for TEAS Plus, your description of goods or services must be chosen word-for-word from the USPTO’s pre-approved list, the Trademark ID Manual. If you sell something common like “t-shirts” or provide a service like “business consulting,” you can likely find a perfect match in the ID Manual and save money.
However, if your offering is highly specific or new, you’ll need to write a custom description. This requires the more flexible—but more expensive—TEAS Standard application.
What’s My Class? A Simple Guide to Trademark Classification
The USPTO organizes goods and services into 45 different “Trademark Classes.” Your job is to file your trademark in the correct class. This is a crucial step because a trademark for clothing (Class 25) won’t automatically protect you if someone else uses your brand name for a restaurant (Class 43). Your protection is tied directly to the classes you choose.
Critically, you must pay a separate filing fee for every single class you include. For instance, a podcaster who sells branded t-shirts would need to file in two classes to be fully protected: one for their entertainment service (Class 41) and another for the apparel (Class 25). This means paying two filing fees, so it’s vital to be strategic.
To find your class, use the USPTO’s Trademark ID Manual. By typing in a description of your product (“candles”) or service (“business consulting”), the tool will show you the corresponding class number and the pre-approved wording that can make your application smoother.
The Waiting Game: What Happens After You Click ‘Submit’?
After you file, the waiting begins. Understanding how long it takes to get a trademark approved is key to managing expectations. Typically, it takes about 6 to 9 months before a USPTO Examining Attorney even looks at your file. The entire journey often takes a year or more.
Eventually, the Examining Attorney will contact you. If there are issues, they will issue an Office Action. This is not a final rejection but a request for more information. Responding to a USPTO Office Action correctly is a common and crucial step, and many issues are easily fixed.
Once the examiner approves your mark, it enters a 30-day “publication for opposition” period. During this time, your proposed trademark is published, giving other business owners a chance to object if they believe your mark would harm theirs. The vast majority of applications pass through this stage without any opposition.
After the opposition period closes without any challenges, your application is officially approved for registration.
The Big Question: Do I Need a Lawyer to Register a Trademark?
The answer to whether you need a lawyer to register a trademark is “it depends.” If your business has a highly unique name and a completely clear trademark search, filing on your own is achievable using the USPTO’s online system.
However, the path gets rocky if you hit a complication. If your search results are ambiguous, your mark is a common word, or you receive an Office Action, the game changes. At this point, the trademark attorney cost can be far less than losing your application fees or building a brand on a name you can’t legally protect. Responding to legal arguments or a “likelihood of confusion” refusal is precisely what a US intellectual property lawyer is trained to handle.
Ultimately, hiring an attorney is an investment in your brand’s foundation. They provide a strategy to secure a registration that is strong and defensible for years to come.
You’re Approved! How to Maintain and Protect Your Trademark
Congratulations—your trademark is officially registered! You can now legally use the coveted ® symbol next to your brand name, a powerful signal that your brand has federal protection. But registration isn’t the finish line; it’s the starting line for active trademark maintenance.
The government needs to know you’re still using your mark. Between the fifth and sixth year after your registration date, you must file a Declaration of Use (a Section 8 filing) with the USPTO. This involves submitting a specimen as proof that your mark is still in commerce. Missing this deadline will result in your registration being canceled.
After that, the trademark renewal process occurs every 10 years from your original registration date. This renewal also requires a Declaration of Use. By tracking these key dates, you transform your registration from a one-time achievement into a lasting business asset.
Your Trademark Action Plan: From Idea to Protected Brand
What once seemed like a complex legal maze is now a clear path forward. The entire journey can be distilled into this simple checklist:
- Conduct a Thorough Search
- Prepare Your Application Materials
- File via USPTO TEAS
- Respond to USPTO Communication
- Maintain Your Registration
Critical Deadlines at a Glance
| Stage | Deadline |
|---|---|
| Respond to Office Action | 3 months (extendable to 6) |
| Opposition period after publication | 30 days |
| Statement of Use after Notice of Allowance | 6 months (extendable up to 36 months total) |
| Section 8 Declaration of Use | Between years 5–6 |
| First renewal (Sections 8 & 9) | Between years 9–10 |
| Ongoing renewal | Every 10 years |
How Long Does the Whole Process Take?
For a straightforward application with no issues, expect 8 to 14 months from filing to registration. If Office Actions are issued, oppositions are filed, or you’re on an Intent to Use track, the timeline extends significantly. Some applications take 2 to 3 years.
Protecting your brand is about taking the first, most important step with confidence. Your journey begins with one simple action. Open a new browser tab right now and go to the USPTO’s TESS database. That first critical “knockout” search is just 15 minutes away—and your brand is worth it.
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Frequently Asked Questions
Who can register a trademark in the United States?
Any individual or business entity can apply to register a trademark with the USPTO, including U.S. citizens, U.S.-based businesses, foreign nationals, and foreign companies. Citizenship is not a requirement. What matters is that you have a legitimate claim to the mark — either you’re already using it in U.S. commerce or you have a genuine intent to do so.
Do foreign nationals need a U.S. attorney to register a trademark?
Yes. As of August 3, 2019, the USPTO requires all foreign-domiciled trademark applicants to be represented by a licensed U.S. attorney. This rule applies to both individuals and businesses whose permanent legal address is outside the United States. Filing without a U.S. attorney as a foreign applicant will result in your application being refused.
What is the difference between a “use in commerce” and an “intent to use” trademark application?
A use in commerce application (Section 1(a)) is filed when you’re already actively using the trademark in real commercial transactions. An intent to use application (Section 1(b)) is filed when you haven’t started using the mark yet but plan to. With an intent to use application, you’ll need to file a Statement of Use proving actual commercial use before the trademark can be fully registered.
What is a specimen of use for a trademark application?
A specimen is real-world evidence showing your trademark being used in commerce in connection with the goods or services listed in your application. Acceptable specimens include product packaging or labels, screenshots of your website showing the mark and a way to purchase the product or service, retail displays, or hangtags. A logo file, a mock-up, or a business card on its own is generally not an acceptable specimen.
What goods and services classes do I need to file under for my trademark?
The USPTO uses the Nice Classification system, which divides goods and services into 45 classes. You must file separately for each class that covers your products or services. You pay a separate fee per class. Filing under the wrong class means your mark won’t be protected in that category. Common examples include Class 25 for clothing, Class 35 for business and advertising services, and Class 41 for education and entertainment. A trademark attorney can help you identify the right classes for your specific business.
What is a Notice of Allowance and what do I do when I receive one?
A Notice of Allowance is issued when an intent-to-use application is approved by the USPTO but the applicant hasn’t yet proven actual use in commerce. From the date of the Notice of Allowance, you have 6 months to file a Statement of Use showing real commercial use of the mark. If you’re not ready, you can request an extension of time for an additional $125 per class, up to five times, giving you a maximum of 36 months total from the Notice of Allowance date.
What information does a U.S. citizen need to file a trademark application?
A U.S. citizen filing a trademark application needs to provide their full legal name or business entity name, a U.S. mailing address, their citizenship or state of incorporation, a clear representation of the mark, a description of the goods or services with the correct USPTO class, the filing basis (use in commerce or intent to use), a specimen of use if the mark is already in use, the date of first use in commerce, and an electronic signature.
Can I register a trademark that’s already in use somewhere else?
You can register a trademark that exists in other countries, provided it doesn’t conflict with an already registered or pending mark in the United States. The USPTO only considers marks registered or in use within the U.S. when evaluating conflicts. However, if another party is already using a similar mark in U.S. commerce, even without federal registration, your application may still face opposition or legal challenges based on common law trademark rights.
What are the most common reasons a trademark application gets rejected in the USA?
The most common reasons for refusal include likelihood of confusion with an existing registered mark, the mark being too generic or merely descriptive of the goods or services, failure to submit an acceptable specimen of use, incorrect or vague classification of goods and services, and for foreign applicants, filing without a U.S.-licensed attorney. Many refusals can be overcome with a well-argued response to an Office Action, which is another reason having legal representation is valuable.
What is the difference between the ™ symbol and the ® symbol?
The ™ symbol can be used by anyone to indicate they claim trademark rights in a mark, even without federal registration. It carries no legal guarantee. The ® symbol can only be used once a trademark has been officially registered with the USPTO. Using the ® symbol on an unregistered mark is a federal violation. Once your registration is granted, you should switch from ™ to ® on all branded materials.
Is a federally registered trademark valid in all 50 states?
Yes. A federal trademark registered with the USPTO provides protection across all 50 states, as well as U.S. territories. This is one of the primary advantages of federal registration over common law trademark rights, which are limited to the specific geographic area where the mark is actually being used in commerce.
