How to Register a Trademark in the US – Complete Guide (2025)

Securing a trademark is one of the most important steps in protecting your brand in the United States. Whether you’re launching a startup, running a growing e-commerce business, or managing a large corporation, your brand identity—your name, logo, slogan, or even a unique product shape—deserves legal protection.

Trademarks safeguard your brand’s distinctiveness, ensuring that competitors cannot mislead consumers or profit from your reputation. However, trademark registration is a legal process governed by the United States Patent and Trademark Office (USPTO), and it involves several important steps.

This article is your complete, step-by-step guide to registering a trademark in the US, designed to help both beginners and experienced business owners navigate the application process successfully. If you’re looking for a thorough resource on how to register a trademark in the US – complete guide, you’ve found it.

What is a Trademark?

A trademark is a word, phrase, symbol, design, or combination thereof that identifies and distinguishes the source of goods or services from those of others. Trademarks can include:

• Brand names

• Logos

• Slogans

• Product packaging

• Even sounds or colors (in specific cases)

A properly registered trademark grants you exclusive legal rights to use your mark nationwide in connection with the goods or services listed in your registration.

Why Register a Trademark?

Although simply using a mark in commerce provides common law rights in the US, federal registration with the USPTO offers far more robust protection, including:

• Presumption of ownership nationwide

• Right to use the ® symbol

• Legal advantage in court

• Ability to record with U.S. Customs and Border Protection to block counterfeit goods

• Public notice of your claim

• Listing in the USPTO database for others conducting searches

Federal vs State Trademark Registration

Federal Registration (USPTO)

• Covers the entire United States

• Stronger legal protections

• Listed in the USPTO’s public database

• More expensive and complex

State Registration

• Covers only the registering state

• Limited legal protections

• Easier and less expensive

• Useful for businesses operating solely in one state

For most businesses, federal registration is the preferred and most effective route.

Step 1: Conduct a Trademark Search

Before filing, you must ensure your trademark is available. This step reduces the risk of rejection or legal challenges.

How to Search

• Use the USPTO’s TESS (Trademark Electronic Search System): https://tmsearch.uspto.gov

• Search for identical or confusingly similar marks

• Check for:

  • Spelling variations

  • Phonetic equivalents

  • Visual similarities

• Conduct a common law search on Google, domain registrars, social media, and business directories

Consider Professional Help

If your brand is critical to your business identity, consider hiring a trademark attorney or professional search firm. They will conduct a comprehensive clearance search and provide legal opinions on registrability.

Step 2: Determine Your Filing Basis

The USPTO requires applicants to specify their “filing basis”, which determines the grounds on which you’re applying.

Two Common Filing Bases:

1. Use in Commerce (§1(a)):

   • You are already using the mark in interstate commerce.

   • Must submit a specimen showing actual use.

2. Intent to Use (§1(b)):

   • You plan to use the mark in the future.

   • You will need to file a Statement of Use (SOU) later.

Step 3: Identify Your Goods or Services

You must clearly define what goods or services you are offering under the trademark.

• The USPTO categorizes goods/services into 45 International Classes (34 for goods, 11 for services)

• Use the Trademark ID Manual to describe items correctly

  • https://idm-tmng.uspto.gov/id-master-list-public.html

Tips:

• Be specific but not overly narrow

• You may register under multiple classes (extra fees apply)

Step 4: Prepare the Required Specimens

A specimen shows how the mark is used in the real world.

Examples:

• For goods: product labels, packaging, tags, screenshots of product pages

• For services: advertisements, brochures, websites showing service offerings

The specimen must:

• Be clear and readable

• Match the applied-for mark exactly

• Show use in commerce (if using §1(a))

Step 5: Choose Your Application Form (TEAS)

The USPTO offers two main application types via the Trademark Electronic Application System (TEAS):

1. TEAS Plus ($250 per class):

   • Must use pre-approved descriptions

   • Fewer options for custom goods/services descriptions

   • Lower fee

2. TEAS Standard ($350 per class):

   • Greater flexibility in wording

   • Slightly higher fee

Step 6: Submit Your Trademark Application

Submit your application online at https://www.uspto.gov/trademarks/apply

You’ll need to provide:

• Owner’s name and contact info

• Clear image of the mark (if a logo)

• Filing basis

• Classes and descriptions

• Specimen (if applicable)

• Payment by credit/debit card or EFT

Once submitted, you’ll receive a serial number and confirmation receipt.

Step 7: Examination by USPTO

A USPTO examining attorney reviews your application, typically within 8–12 months.

They will evaluate:

• Conflicts with existing trademarks

• Proper use of trademark symbols

• Descriptiveness or genericness

• Clarity and completeness of the application

Step 8: Responding to Office Actions

If issues arise, the USPTO will issue an Office Action, which outlines objections or refusals.

Common Office Actions:

• Likelihood of confusion with another mark

• Descriptive or generic wording

• Improper specimens

• Issues with identification of goods/services

You typically have 3 to 6 months to respond. Consult a trademark attorney if the issues are complex.

Step 9: Publication and Opposition

If approved, your trademark is published in the Official Gazette for public notice.

• Others have 30 days to oppose the application or request an extension

• If no one opposes (or opposition fails), the application proceeds to registration

Step 10: Registration or Notice of Allowance

• If filed under §1(a) (use in commerce), and no opposition occurs, the trademark is registered, and a registration certificate is issued

• If filed under §1(b) (intent to use), you’ll receive a Notice of Allowance and must file a Statement of Use (or request an extension) within 6 months

Maintaining Your Trademark

Owning a trademark comes with ongoing responsibilities:

Post-Registration Filings:

1. Section 8 Declaration (Between Years 5–6): Confirms continued use

2. Section 15 Declaration (Optional at 5 years): Requests incontestability

3. Section 9 Renewal (Every 10 years): Renews the registration

Failure to file these documents will result in cancellation.

Cost of Trademark Registration

Costs may increase if legal counsel or third-party services are used.

Timeline for Registration

Total time: 12 to 18+ months depending on objections and filing basis

Maintaining Your Trademark

• Skipping the clearance search

• Choosing overly descriptive or generic terms

• Incorrectly identifying goods/services

• Submitting improper specimens

• Missing deadlines for office actions or SOUs

• Failing to renew on time

Frequently Asked Questions

Can I register a trademark without a lawyer?

Yes, but trademark law can be complex. If your application encounters legal challenges, professional help can save time and money.

What is the difference between ™ and ®?

• ™: Used to claim common law rights before registration

• ®: Only used after USPTO registration is granted

What if someone else opposes my mark?

You may enter an opposition proceeding before the Trademark Trial and Appeal Board (TTAB). Legal counsel is highly recommended in these cases.

Can I trademark a domain name?

Only if the domain name is used as a brand (not just an address). It must function as a source identifier.

How long does a trademark last?

A US trademark can last indefinitely, as long as you continue to use it and file required maintenance documents.

Conclusion

Registering a trademark is a vital investment in your brand’s identity and future. It grants exclusive rights, builds brand trust, and provides legal leverage in case of disputes. While the process can appear daunting, taking a systematic approach ensures a smoother journey.

This guide on how to register a trademark in the US – complete guide offers all the essential knowledge to get you started. If your brand is central to your business, protecting it through proper registration isn’t optional—it’s essential.