Register a trademark: A step-by-step guide for small businesses

Published Tuesday 29 July 2025

Table of contents

• What is a trademark?
• Why it’s important to register a trademark
• Protecting and enforcing your trademark rights
• How to register a trademark
• Common mistakes to avoid when registering a trademark
• Get your business set up right with Xero
• Use Xero to simplify admin for your trademarked business
• FAQs on how to register a trademark

Key takeaways

• You can trademark a word, phrase, logo, etc used in trade for commercial purposes – for instance, a product's brand name or a company's logo.
• A registered trademark gives you exclusive rights to use it commercially and to prevent others from doing so.
• Register your trademark with the United States Patent and Trademark Office (USPTO). Although the USPTO oversees federal trademark registration, you must protect (and enforce ownership of) your own trademarks.
• The online application process takes about a year, sometimes longer.

What is a trademark?

A trademark is a unique name, logo, symbol, phrase, or even a sound or smell that identifies a product or service.

A trademark can either be unregistered or registered.

• An unregistered or "common law" trademark (designated with the ™ symbol) is automatically created any time a business uses a brand or logo commercially. Your rights to unregistered trademarks are typically limited to your business's immediate geographic area, and can be hard to enforce.
• Federal registration with the USPTO protects trademarks more strongly. By registering a trademark you get exclusive rights to it and it’s easier to defend those rights in court.

You can register trademarks as an individual, but if you want your business to own the trademark, you first need to register your business.

Why it’s important to register a trademark

Federal registration creates a public record of the trademark and prevents others from using it throughout the US. This gives your business a commercial advantage: you have exclusive rights to a brand name, logo, or slogan, for example, so you alone can profit from them.

Registration also gives you the right to sue someone, or a business, in federal court if they use branding that is too similar to trademarks or infringes on them in other ways.

The USPTO doesn't protect trademarks – that’s up to you.

Protecting and enforcing your trademark rights

You have the right to take action against trademark infringement – for example, if someone starts selling an inferior product with a logo similar to yours, potentially confusing customers.

To protect your trademark, monitor the competition, search for similar logos online, and follow industry news. If you think your trademark is being infringed on, talk to an attorney – trademark protection is a specific and complex section of the law.

Typically, the first step in enforcing your trademark is to send a cease and desist letter. Let the other person know they're infringing on your trademark and that you'll take legal action if needed. If they don't stop using your mark, it's time to file a trademark infringement case in federal court.

How to register a trademark

Here are the steps to take in the trademark application process. The complete process takes time, so the earlier you start, the better. You're probably wondering, how long does trademark registration take? The application process usually takes about a year – but it can be even longer depending on what happens during the exam and protest steps.

1. Understand what you can trademark

Before you apply, check the legal requirements for trademarks to confirm exactly what you can trademark.

You can trademark words, phrases, letters, abbreviations, numbers, logos, symbols, or even sounds and smells. But you can't trademark:

• General items or ideas – for instance, chair, hamburger, or phone
• Deceptive or untrue statements – like the phrase "real gold" for fake gold necklaces
• Anything vulgar or profane
• Official government imagery – for instance, flags or symbols
• Someone's likeness without their permission
• Anything already trademarked or too similar to another trademark

Make sure you're clear on the rules before you apply so you don’t waste your time and money.

Here are more trademark basics from the USPTO.

2. Check that your idea isn’t already trademarked

To protect yourself from conflicts and legal challenges, search for existing trademarks on the USPTO website to make sure your idea isn’t already trademarked.

Although you can search for words and trademark owners with the USPTO, you can't search for images – you have to search for design codes instead. Check out the USPTO's Design Search Code Manual for more details.

3. Prepare your application

To apply, you need to give:

• Basic details about yourself and your business
• A description of the goods or services your prospective trademark applies to
• The classification number(s) of the goods or services – see the USPTO's Trademark ID Manual
• A statement that you plan to use the trademark in commerce
• Details of how you plan to use the trademark and when you’ll start using it (or when you started using it)
• A description of the trademark in some detail – such as its colors, translations of any foreign words, and transliterations of any non-Latin letters

The cost of trademark registration is $350 for the base application fee, and an extra $350 for each class of items. The USTPO has 45 classes for different items and services – for example, cosmetics, pharmaceuticals, leather goods, education, etc. . Fill out your application carefully – there are extra fees for certain mistakes, such as $100 per class for insufficient information, and a fee for entering your business name incorrectly.

Check the USPTO website for updated fees and to learn more about the trademark process.

4. File your trademark application

Once you've got the details together, register your trademark using the USPTO's Trademark Electronic Application System (TEAS).

1. Get started at the Trademark Center.

2. Select Register a Trademark – the next page prompts you to enter your email.

3. Follow the prompts to complete the USPTO trademark registration.

4. Check your application carefully to catch any errors and make sure you include the correct fees.

Processing your application takes time. Track the status of your application through the Trademark Status and Document Retrieval (TSDR) system. But your application may not show up until a week after submission. The USPTO recommends you check the status every 3–4 months, in case they require extra documents or information from you. Contact the Trademark Assistance Center if you need help.

5. Respond to the exam attorney if needed

A few months after you apply, the USPTO will assign an examining attorney to your case. The attorney will review your application and will probably get in touch to clarify points or ask for more details. Once the attorney is satisfied, they'll formally approve your application by publishing it in the monthly Trademark Official Gazette.

But if the USPTO attorney rejects your application, they’ll send you a letter outlining why. You have 3 months to respond or to request a 3-month extension – if you don't answer, the USPTO will assume you’ve abandoned your application.

6. Wait for 30 days in case your trademark is challenged

Once the exam attorney approves your trademark, the public has 30 days to object or challenge it. For instance, a competitor could challenge your trademark for being too similar to theirs.

If you’re challenged, you need to bring a rebuttal to the Trademark Trial and Appeal Board (TTAB).

7. Submit a statement of use to complete your registration

If no one opposes your trademark, the USPTO issues a notice of allowance about 8 weeks after the publication date. You then have 6 months to request an extension. You can request up to five extensions, for a total of 30 extra months.

Or if you're using the trademark on all the goods and services listed in your application, send in a statement of use (SOU). The SOU basically describes how the trademark is being used – check out the USPTO's minimum SOU filing requirements to make sure you hit the main points. If you don't submit an SOU, the USPTO will mark your application as abandoned.

The USPTO then needs to approve your SOU.

• If they approve it, the USPTO will send you a registration certificate – that happens about 2 months after filing the SOU. Congrats! You now have a legally registered trademark that boosts your brand and that you can enforce in court.
• If not, the USPTO will write to you explaining the next steps.

Common mistakes to avoid when registering a trademark

About half of all trademark applications are rejected. To help your application succeed, don’t forget to:

• Do your trademark search before applying – make sure your idea is unique and doesn't infringe on any other trademarks
• Check for application mistakes – even small errors can drive up trademark filing fees and increase the risk of rejection
• Classify goods and services correctly – misclassifications can lead to bigger fees, delays, and rejections
• Respond to the USPTO – monitor your application and answer requests promptly so your application doesn't get marked as abandoned or cancelled
• Work with an attorney to help you navigate this complex process

Use Xero to simplify admin for your trademarked business

At last – you’ve got your trademark! Now let Xero help you sort the financial and operational sides of your business. Xero’s clever tools smooth your business admin by helping organize your records, send e-invoices, track expenses, and collaborate with your accountant to get the best out of your business.

Try Xero for free

FAQs on registering a trademark

Registering a trademark is a long and detailed process. Here are some additional questions you might have about it.

Do I need a lawyer to register a trademark for me?

No – the USPTO doesn't require applicants to work with attorneys, but it’s a good idea to help you dodge unnecessary delays or rejections. Make sure your attorney is experienced with trademark law to boost your chances of success.

What’s the difference between a trademark, a copyright, and a patent?

A trademark protects a mark used in trade – whether that's a name, phrase, or logo, for example. A copyright protects works of art – like literature, images, or songs – while a patent protects inventions. You might get a patent for your invention, a trademark for its name, and a copyright for the ad that promotes the invention.

Trademarks, patents, and copyrights each have specific legal requirements and application processes. Talk with an attorney to learn more about trademarks vs copyrights and patents, and which one you need.

Does registering a business name automatically give me trademark rights?

No. Registering a business name does not give you any trademark rights. But once you start using the business name, you are using an unregistered trademark.

Can I transfer or sell my trademark?

Yes. Your trademarks are your property – intellectual property – that you can sell like any other possession. This process is known as assignment. Encourage the new owner to record the assignment with the USPTO to protect the trademark. It’s best to ask your attorney for guidance.

What happens if someone infringes on my trademark?

Your first step is to tell them to stop doing it immediately with a cease and desist letter. If that doesn't stop them, you can file a lawsuit to protect your trademark. A trademark registration doesn't necessarily protect you forever – you could still lose an infringement case – so always work with an attorney.