How to Register a Trademark

You’ve come up with a great name for your product or business, and you want to be sure no one else uses your product or business name. Do you need to get it trademarked? Is registering a trademark something you can do on your own?

Or maybe you’ve just come up with a snappy product name, and you’ve decided you want to trademark it. What should you do next? Is it really as easy as the U.S. Patent and Trademark Office (USPTO) website says it is? Can you really do it without a trademark lawyer?

Understanding the federal registration process is crucial for securing your trademark rights and protecting your brand identity.

We’ll be honest; trademarks can be a bit tricky. In general, it’s helpful to get assistance from a lawyer or trademark filing service even though it’s legal and possible to do it on your own. Here, we’ll walk you through the basics of what a trademark is, the protection it does and doesn’t give you, the gist of the trademark registration process, and more.

Introduction to Trademarks

A trademark is any word, phrase, symbol, design, or combination of these things that identifies a business and distinguishes its products or services from others in the market. Trademarks play a crucial role in protecting a business’s brand identity and intellectual property. By registering a trademark, businesses can prevent others from using similar marks, which can help to build customer trust and loyalty.

Benefits of Trademark Registration

Federal trademark registration offers several benefits to businesses, including:

• Exclusive Rights: Registering your trademark grants you exclusive rights to use the mark in connection with your goods or services, preventing others from using a similar mark.
• Protection Against Infringement: A registered trademark provides legal protection against trademark infringement, allowing you to take legal action if someone uses your mark without permission.
• Increased Brand Recognition: A registered trademark enhances your brand’s credibility and recognition, making it easier for customers to identify and trust your products or services.
• Business Expansion: With a registered trademark, you can expand your business operations and enter new markets with confidence, knowing your brand is protected.
• Enhanced Legal Protection: Registration provides robust legal protection and enforcement options, making it easier to defend your trademark rights in court.

What is a trademark, and why register?

As mentioned above, a trademark is a word, phrase, symbol, design, or combination of these things that identifies and distinguishes the source of goods or services of one party from those of others. Registering a federal trademark for your business name or mark provides you with exclusive rights to use it nationwide in connection with the products and services it’s registered for.

As a trademark owner, you gain the ability to safeguard your business name and other brand elements from unauthorized use. This not only discourages competitors from using your name or creating similar-sounding names to deceive customers but also enhances your brand’s credibility.

The ability to legally use the ® symbol next to your name is another significant advantage. Moreover, having a registered trademark allows you to file a lawsuit in federal court to enforce your trademark rights, providing robust legal protection for your brand.

Who owns a trademark?

Under common law, the person or entity that owns a trademark is whoever uses it first in business, making it an identifiable part of their brand. Trademark owners must also be diligent in maintaining their trademark rights by filing necessary documents and renewals with the United States Patent and Trademark Office (USPTO). The owner could be a sole proprietor, a partnership, a limited liability company, a corporation, or another business structure. But the first person to use it in commerce is, technically speaking, the mark’s owner.

After that definition, you might find yourself wondering if it’s even worth going to the USPTO to get a federal registration for your trademark.

Having a registration certificate from the USPTO (or even your state office) doesn’t grant you ownership of the trademark because you already “owned” it to begin with. A trademark registration simply proves that you own it; if anyone infringes on your name, your registration will give you a resource to pursue legal action against them if needed.

How do I determine if I own a trademark?

Before you get into the registration process, you need to check that you have the right to use the name or mark in the first place. The easiest way to start is by running a trademark search on the USPTO website and checking the trademark office’s database. An internet search is always essential, too. Run a similar check with the state trademark office (or offices if you operate in more than one state). You can also hire a special search company to check through telephone listings, company names, and so on; this is the most thorough option.

These searches won’t guarantee that your name doesn’t infringe on any registered marks, but it’s a crucial step for proper trademark use.

How to Register a Trademark

If you decide to go for a national mark and you want to try to apply on your own, you can go to the U.S. Patent and Trademark Office website and complete the application online through the Trademark Center. As of January 18, 2025, the USPTO has replaced the Trademark Electronic Application System (TEAS) with the Trademark Center, a new online platform for filing trademark applications, paying fees, and tracking application status.

Note that this is the process for applying for federal trademarks. States have their own procedures for obtaining a state trademark, and fees vary by state.

This is a basic breakdown of the federal trademark application process. More details can be found on the USPTO website. As mentioned above, all trademark applications must now be filed through the USPTO’s Trademark Center. This platform allows applicants to:

• Submit new applications
• Pay application-related fees
• Track the status of applications using a docketing feature

The trademark application process involves several steps, including preparing and submitting trademark applications through the USPTO’s online system. After submission, the USPTO will review your trademark application. If the examining attorney raises no objections or if you successfully address any objections, your mark will be published in the “Official Gazette.”

This publication allows any party who believes they may be damaged by the registration to file an opposition or request an extension to oppose within 30 days. Essentially, the notice gives other companies the opportunity to object to a registration that infringes on their own.

If no one raises an objection within 30 days of that publication date and the USPTO determines that your trademark applications are eligible, your application will go through.

Step 1: Confirm availability

Before filing a trademark application, it’s essential to confirm that the desired mark is available for use. This involves conducting a thorough search of existing trademarks, including:

• Online Databases and Search Engines: Check for similar marks using online databases and search engines.
• Social Media Platforms: Search social media platforms to ensure no one else is using a similar mark.
• Trademark Office Databases: Use the trademark office’s databases to search for registered and pending trademarks. This includes checking your state’s trademark database for state trademarks.
• Industry-Specific Directories: Look through industry-specific directories to ensure your mark is unique within your field.

To do a more thorough search, some businesses hire a trademark attorney or trademark search company to conduct the search for them, though this can be expensive.

By confirming availability, businesses can avoid potential conflicts and help ensure that their mark is unique and distinctive.

Step 2: Prepare and file the trademark application

Once availability is confirmed, the next step is to prepare and file the trademark application. This involves:

• Gathering Required Documents and Information: Collect all necessary documents and information needed for the application.
• Completing the Trademark Application Form: Fill out the trademark application form accurately and completely.
• Paying the Filing Fee: Pay the required filing fee for the application.
• Submitting the Application to the Trademark Office: Submit the completed application to the trademark office.

Note that this is the process for applying for federal trademarks. States will have their own processes for getting a state trademark.

This is a basic breakdown of the trademark application process. More detailed information is available at the USPTO website. As we mentioned earlier, the Trademark Center is where you can file a new trademark application, pay application-related fees, and use the docketing feature to track the status of applications filed through the Trademark Center.

It’s recommended to work with a trademark attorney or trademark filing service to help ensure that the application is accurate and complete.

Step 3: Respond to trademark office actions

After filing the trademark application, the trademark office will review the application and may issue office actions. These actions may include:

• Requests for Additional Information or Clarification: The trademark office may request more information or clarification about your application.
• Objections to the Mark or Application: The office may raise objections to the mark or the application itself.
• Requirements for Amendments or Corrections: You may be required to make amendments or corrections to your application.

Businesses must respond to these actions in a timely and effective manner to help ensure that the application process moves forward.

Trademark Office Review and Approval

Once the trademark application is complete and all issues have been resolved, the trademark office will review and approve the application. This may involve:

• Examining the Mark for Distinctiveness and Uniqueness: The trademark office will examine the mark to ensure it’s distinctive and unique.
• Verifying the Accuracy of the Application and Supporting Documents: The office will verify that the application and supporting documents are accurate.
• Ensuring Compliance with Trademark Law and Regulations: The application must comply with all relevant trademark laws and regulations.

If the application is approved, the trademark office will issue a registration certificate, which grants the business exclusive rights to use the mark.

Trademark Classes and Fees

When registering a trademark, it’s important to understand the concept of trademark classes. If your name is used for more than one type of goods or services, you may need to register it in multiple classes. Each class represents a category of goods or services, and registering in multiple classes requires additional fees.

The USPTO charges a flat fee of $350 per class of goods or services for all trademark applications filed through the Trademark Center. As of January 18, 2025, the TEAS Plus and TEAS Standard filing options have been eliminated, and all applications now follow a single Base Application Fee structure.

Additional Surcharges:

• $100 per class for applications missing required information
• $200 per class for using free-form descriptions instead of pre-approved ones
• $200 per class for exceeding character limits in specific fields

These fees are non-refundable, so it’s crucial to ensure that your application is complete and accurate before submission.

How long should I expect the trademark application process to take?

The USPTO trademark application process can be lengthy, even if everything is completed correctly.

• Standard Timeline: If there are no objections or office actions, the process typically takes 12 to 18 months from the initial filing to final registration.
• Delays: If the USPTO examining attorney requests additional information or if another party files an opposition, the process can extend beyond two years.

Applicants should regularly check the status of their application through the Trademark Center docketing feature to stay informed of any updates or required actions.

In most cases, when your federal trademark is approved, you would be protected against anyone in the United States using your product or service name on a similar product.

Unfortunately, it’s not always the case that your application for trademark registration goes through quite this easily. Often, when the examining attorney reviews an application, they may ask for more information, such as a rewrite of your statement of use. They might ask for a different sample of your mark instead, or someone might object to your mark. These sorts of cases can take much longer.

Can I go without a federal registration for my trademark?

Federal trademark registration is not legally required, but it offers stronger protection than common law rights.

• Common Law Protection: If you were the first to use a mark, you technically own it. However, without a federal registration, you must prove prior use in a legal dispute, which can be challenging. You can sue someone for trademark infringement if they copy your name for a similar product. But without registration, the court battles can be trickier. You’d have to clearly prove that you were the first to use the mark. But if you registered, you’d have proof, giving you more robust trademark protection.
• Federal Registration Benefits: A registered trademark gives you nationwide rights, appears in the USPTO database (which discourages others from using similar marks), and allows you to enforce your trademark in federal court.
• State vs. Federal Registration: A state trademark only protects your brand within a single state, while a federal trademark protects your brand nationwide. A state trademark is simpler, quicker, and less expensive to get. The protections of a state registration are pretty good, but they apply only within the confines of your state. What happens when you border another state? What if someone just over the way starts using your product name for a similar product? It’s rather difficult to limit your “territory” in the days of the Internet and easy transportation. Again, a national trademark would definitely make your life easier.

Please note that you can also register your mark internationally once your company grows to the extent that you are trading overseas. If you go the foreign registration route, it’s highly recommended to work with an experienced trademark attorney.

Do I need to hire a trademark attorney to help me with my trademark registration?

Since a trademark application is pretty complicated, it’s generally recommended to work with an attorney or a trademark filing service. The trademark application process can be complex, making it beneficial to work with an attorney. But it’s not legally required to hire an attorney if you’re domestic to the United States or its territories.

That said, foreign applicants are required to hire a licensed attorney. They’ll represent you at the USPTO.

Maintaining Your Trademark Protection

To keep your federal trademark registration active, you must file periodic maintenance documents with the USPTO:

• Between the 5th and 6th year: File a Section 8 Declaration of Use to confirm that the trademark is still in active use.
• Between the 9th and 10th year: File both a Section 8 Declaration of Use and a Section 9 Renewal Application to renew the trademark for another 10 years.
• Every 10 years thereafter: File a Section 9 Renewal Application to keep the trademark valid.

Updated 2025 Renewal Fees:

• Section 8 Declaration of Use: $325 per class
• Section 9 Renewal Application: $325 per class
• Combined Section 8 and 9 Filing: $650 per class

Failure to file these documents on time may result in your trademark being canceled or marked as abandoned.

Filing these renewals helps prove that you are still using the mark in commerce. Remember that usage is what gives you “ownership” of the mark in the first place, so it’s important to prove that you’re using it.

If you fail to file a statement of use or an extension request within six months from the date the notice of allowance was issued, your application will be considered abandoned. In such cases, you can file a petition to revive the application within two months of the abandonment date. Staying on top of these requirements helps ensure that your trademark remains protected and enforceable.

Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.