How to register a trademark: a step-by-step guide

Published Friday 5 June 2026

Table of contents

• What is a trademark?
• Why it's important to register a trademark
• How to register a trademark
• How long does it take to register a trademark?
• How much does it cost to register a trademark?
• Common mistakes to avoid when registering a trademark
• How to protect your registered trademark
• Simplify your business finances with Xero
• FAQs on how to register a trademark

Key takeaways

• A trademark protects your brand identity, including your business name, logo, and slogan, giving you exclusive legal rights to use them in connection with your goods or services across the United States.
• The registration process involves searching for conflicts, filing an application through the USPTO's Trademark Center, responding to any examiner inquiries, and surviving a 30-day opposition period. The entire process typically takes 12 to 18 months.
• Federal registration costs start at $350 per class of goods or services, with additional fees for custom descriptions, statements of use, and ongoing maintenance filings at years 5 and 10.
• After registration, you're responsible for actively protecting your trademark by monitoring for infringement, filing required maintenance documents, and using the proper registration symbol.

What is a trademark?

A trademark is a word, phrase, symbol, design, or combination of these that identifies and distinguishes the source of your goods or services from those of others. If you're planning to choose a business name for your company, understanding trademark basics is one of the first steps toward protecting that name long term.

You can have trademark rights without registering. An unregistered (common law) trademark, shown with the ™ symbol, gives you limited protection in the geographic area where you use it. A registered trademark, shown with the ® symbol, gives you nationwide protection and legal advantages that common law rights don't provide. To learn more about the basics, visit the USPTO trademark basics page.

Not all trademarks are created equal. The strength of your trademark depends on where it falls on the distinctiveness spectrum:

• Generic: common names for products that can't be trademarked (for example, "Computer" for a computer company)
• Descriptive: directly describes a quality or feature and is difficult to protect without secondary meaning (for example, "Cold and Creamy" for ice cream)
• Suggestive: hints at a quality without directly describing it and is easier to protect (for example, "Netflix" suggesting internet movies)
• Arbitrary: a real word used in an unrelated context, offering strong protection (for example, "Apple" for electronics)
• Fanciful: an invented word with no prior meaning, offering the strongest protection (for example, "Xerox" or "Kodak")

Why it's important to register a trademark

Registering your trademark with the United States Patent and Trademark Office (USPTO) gives you exclusive, nationwide rights to use that mark in connection with your goods or services. Without federal registration, your protection is limited to the specific area where you're doing business.

Federal registration also provides several practical advantages that help you defend your brand:

• Nationwide legal presumption of ownership, so you don't have to prove your rights in court
• The ability to file lawsuits in federal court and potentially recover damages, attorney fees, and profits
• Public notice to others that the mark is taken, which deters potential infringers
• The right to use the ® symbol, which signals legitimacy to customers, partners, and investors
• A listing in the USPTO database, which prevents others from registering confusingly similar marks
• The ability to record your registration with U.S. Customs and Border Protection to block counterfeit imports

If you're planning to register your business, securing your trademark early helps you avoid costly legal disputes down the road.

How to register a trademark

Registering a trademark involves several steps, from initial research through to receiving your registration certificate. The steps below walk you through each stage of the process.

1. Understand what you can trademark

Before you invest time and money in an application, confirm that what you want to protect qualifies as a trademark. You can trademark business names, logos, slogans, product names, and even distinctive sounds or colors in some cases.

However, you can't trademark generic terms, purely descriptive words (without secondary meaning), government symbols, or anything that's likely to cause confusion with an existing registered mark. The stronger and more distinctive your mark is on the spectrum described above, the easier it'll be to register and defend.

2. Search for existing trademarks

Before filing, search the USPTO's Trademark Electronic Search System (TESS) through the USPTO trademark search tool. This free database lets you check whether anyone else has already registered or applied for a mark that's identical or confusingly similar to yours.

Search beyond exact matches. Look for phonetic equivalents, similar spellings, and marks that could be confused with yours in the same industry. If you find a potential conflict, consider consulting a trademark attorney before proceeding. A thorough search now can save you the cost of a rejected application later.

3. Prepare your application

Gathering the right information before you start filling out your application will make the process smoother. You'll need to decide on a few key elements.

First, determine your filing basis. If you're already using the mark in commerce (selling goods or services with the mark), you'll file under "use in commerce" and provide a specimen showing the mark in action. If you haven't started using it yet but plan to, you'll file under "intent to use," which reserves your rights while you prepare to launch.

Next, identify the correct class or classes for your goods or services. The USPTO uses an international classification system with 45 classes. For example, Class 25 covers clothing, Class 35 covers advertising and business services, and Class 9 covers software and electronics. Choosing the wrong class can delay or derail your application.

As of January 2025, the USPTO charges $350 per class for a base application. If you need to write a custom description of your goods or services rather than selecting from the USPTO's pre-approved list, there's an additional surcharge of $200 per class. Factor these costs into your business budget as you plan your launch.

4. File your trademark application

Submit your application through the USPTO's Trademark Center, which replaced the older TEAS system. You'll enter your mark details, upload any required specimens, select your classes, and pay the filing fee.

Double-check everything before you submit. Errors in your application, such as an incorrect owner name, wrong filing basis, or inaccurate description of goods, can lead to delays or outright refusal. Once filed, you'll receive a serial number that you can use to track your application's status online.

5. Respond to the examining attorney

After filing, a USPTO examining attorney reviews your application. This first review, called a first office action, typically arrives about 4 to 5 months after filing. The attorney checks for conflicts with existing marks, proper classification, and compliance with trademark rules.

If the attorney finds issues, they'll issue an office action explaining what needs to be corrected. You have 3 months from the issue date to respond, and you can request one extension if you need more time. Common issues include vague descriptions, likelihood of confusion with existing marks, or problems with your specimen.

6. Wait for the 30-day opposition period

Once the examining attorney approves your application, it's published in the USPTO's weekly Official Gazette. This starts a 30-day window during which anyone who believes they'd be harmed by your registration can file an opposition.

Most applications pass through this period without objection. If someone does file an opposition, the case goes before the Trademark Trial and Appeal Board (TTAB), which functions like a court proceeding. This can add significant time and cost to the process.

7. Complete your registration

If no one opposes your mark and you filed under "use in commerce," the USPTO will issue your registration certificate. You can now use the ® symbol with your mark.

If you filed under "intent to use," you'll receive a Notice of Allowance instead. You then have 6 months to file a Statement of Use (SOU) showing that you've started using the mark in commerce. The SOU filing fee is $150 per class. You can request extensions of time to file the SOU, up to a maximum of 3 years from the Notice of Allowance date.

How long does it take to register a trademark?

The trademark registration process typically takes 12 to 18 months from the date you file your application to the date you receive your registration certificate. Several factors can shorten or extend that timeline.

After you file, expect to wait roughly 4 to 5 months for the examining attorney's first review. If your application raises no issues, it moves to publication in the Official Gazette within a few weeks. The 30-day opposition period follows, and if no one objects, you'll receive your certificate shortly after.

Delays are common when the examining attorney issues an office action requiring changes. Each round of revisions can add 3 to 6 months to your timeline. Intent-to-use applications also take longer because you need to file a Statement of Use before the registration can be finalized. Complex cases involving oppositions or appeals can stretch the process to 2 years or more.

How much does it cost to register a trademark?

The cost of registering a trademark depends on how many classes you file in and whether any additional steps are required along the way. The breakdown below covers what you can expect to pay.

Application fees

The base filing fee is $350 per class of goods or services. If you need to write a custom description for your goods or services instead of choosing from the USPTO's pre-approved options, add a $200 surcharge per class. Most small businesses file in 1 to 2 classes, putting the initial application cost between $350 and $1,100.

If you filed under "intent to use," you'll also need to pay $150 per class when you submit your Statement of Use. Extension requests for the SOU cost $125 per class for each 6-month extension.

Maintenance and renewal fees

After registration, you're required to pay maintenance fees to keep your trademark active:

• Between years 5 and 6: file a Section 8 Declaration of Use, which costs $325 per class
• Between years 9 and 10: file a combined Section 8 and Section 9 renewal, which costs $650 per class ($325 for Section 8 plus $325 for Section 9)
• Every 10 years after that: file a combined Section 8 and Section 9 renewal at the same rate

If you hire a trademark attorney, expect to pay an additional $500 to $2,000 or more depending on the complexity of your application. While it's not required, professional help can reduce the risk of costly mistakes.

Common mistakes to avoid when registering a trademark

Many trademark applications run into avoidable problems. Knowing the most common pitfalls can save you time, money, and frustration.

• Skipping the trademark search: filing without checking for existing marks is one of the fastest ways to get your application rejected. A thorough search before filing is essential.
• Choosing a weak or descriptive mark: generic or purely descriptive terms are difficult or impossible to register. Pick something distinctive that stands out.
• Filing in the wrong class: misclassifying your goods or services can result in a refusal or leave gaps in your protection. Review the USPTO's class descriptions carefully.
• Using the mark inconsistently: your trademark specimen must show the mark exactly as it appears in your application. Inconsistent use can weaken your application and your rights after registration.
• Missing response deadlines: if you receive an office action and don't respond within 3 months, your application will be abandoned. Set reminders for every deadline.
• Forgetting maintenance filings: your trademark registration will be cancelled if you don't file the required Section 8 declarations and Section 9 renewals on time.
• Assuming business registration equals trademark protection: registering your business name with a state agency doesn't give you trademark rights. These are separate legal processes.

How to protect your registered trademark

Getting your trademark registered is only the beginning. To maintain your rights and keep your registration active, you'll need to take ongoing steps to protect and enforce your mark.

File maintenance documents

The USPTO requires you to file specific maintenance documents on a regular schedule. Between years 5 and 6 of your registration, you must file a Section 8 Declaration of Continued Use, confirming that you're still using the mark in commerce. Between years 9 and 10, you must file a combined Section 8 and Section 9 renewal. Missing these deadlines means losing your registration entirely.

Monitor and enforce your mark

Actively monitoring the marketplace is critical. Watch for businesses using names, logos, or slogans that are confusingly similar to yours. You can set up alerts through trademark watch services, regularly search the USPTO database, and monitor your industry online.

When you spot potential infringement, act quickly. Start with a cease and desist letter, which often resolves the issue without going to court. If that doesn't work, you may need to pursue legal action to protect your rights.

If you start a business from home and grow it into a larger operation, your trademark becomes even more valuable. You can also license your trademark to others for a fee or transfer ownership through a formal assignment, which can be a revenue source as your brand grows. Consistent use and proactive enforcement are the keys to keeping your trademark strong over time.

Simplify your business finances with Xero

Protecting your brand with a trademark is one piece of building a solid business foundation. Keeping your finances organized is another. Xero's cloud accounting software helps you track expenses, send invoices, and manage cash flow from anywhere, so you can spend less time on admin and more time growing your business.

Whether you're just getting started or scaling up, staying on top of your finances makes every other part of running a business easier. Try Xero and get one month free.

FAQs on how to register a trademark

These frequently asked questions cover the most common topics about registering a trademark in the United States.

Do I need a lawyer to register a trademark?

No, you can file a trademark application on your own through the USPTO's Trademark Center. However, a trademark attorney can help you avoid common mistakes, navigate office actions, and improve your chances of approval, especially if your application is complex or involves multiple classes.

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

A trademark protects brand identifiers like names, logos, and slogans. A copyright covers original creative works, while a patent protects inventions; each requires a separate registration process.

Does registering a business name give me trademark rights?

No. Registering a business name with a state or local agency doesn't grant trademark rights. Only a federal trademark registration through the USPTO provides exclusive, nationwide brand protection.

Can I transfer or sell my trademark?

Yes, you can transfer ownership through a formal assignment recorded with the USPTO, or license your trademark to others while retaining ownership.

What's the difference between ™ and ®?

The ™ symbol indicates an unregistered trademark that anyone can use without filing an application. The ® symbol is reserved for marks officially registered with the USPTO; using it without a valid registration is against the law.

How do I trade mark a name versus a logo?

The process is the same, but each is filed as a separate application: a word mark protects the text itself, while a design mark protects a specific logo or graphic. Learn more about how to trade mark a name.