Trademark registration: How to register and protect your brand

Published Wednesday 5 November 2025

Table of contents

• What is a trademark?
• Why register a trademark?
• What can and can't be trademarked?
• How to check trademark availability
• How much does trademark registration cost?
• Federal vs state trademark registration: which do you need?
• How to apply for a trademark
• Timeline and what happens after you file
• Common trademark application mistakes to avoid
• How to use your trademark
• Protecting your business finances as you grow your brand
• FAQs on trademark registration

Key takeaways

• Conduct thorough trademark searches using the USPTO's Trademark Electronic Search System (TESS) before applying to avoid costly rejections and identify potential conflicts with existing marks.

• Choose distinctive, non-descriptive marks like invented words or common words used unexpectedly, as descriptive terms that directly describe your products cannot be trademarked.

• Budget $250-$350 per class of goods or services for USPTO application fees and expect the registration process to take 8-12 months from filing to approval.

• Use proper trademark symbols (™ for unregistered marks during application, ® only after official registration) and file renewal documents every 10 years to maintain your exclusive rights.

What is a trademark?

A trademark is legal protection that prevents others from using your business's distinctive brand elements without permission. Once registered, you own exclusive rights to use that mark in your industry.

What can be trademarked:

• Business names: Your company's official name
• Logos and symbols: Visual brand elements like Nike's swoosh
• Product names: Specific product or service names
• Sounds and colors: Unique audio signatures or color combinations
• Slogans: Memorable phrases associated with your brand

Why it matters: Trademark protection builds brand recognition and helps customers identify your products in the marketplace.

What's the difference between a trademark and a business name?

Choosing a business name and registering a trademark are two separate steps. Don’t confuse them—they serve different purposes. Your business name is the name you choose to register when you set up your business.

Once you've registered it, others can't register a business with the same, or similar, name. However, it doesn't legally protect it from those who may want to use the same name elsewhere in their branding. If you want to build your business name into a recognizable brand, trademark your name as well.

If you trademark your business name before registering your business, you might not be able to use it as your official business name. Someone else may have already registered it.

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

Trademarks, copyrights and patents are all used to protect intellectual property (IP), and which one you use depends on what type of work you're trying to shield.

Copyrights protect original artistic works, such as novels, music, and art. Patents protect new processes or inventions for a set period. Trademarks protect your brand’s identity and help customers recognize your products.

Why register a trademark?

Trademark registration protects your brand investment and gives you legal rights to stop competitors from using similar names or logos.

Registering your trademark offers several important benefits:

• Legal protection: Exclusive rights to use your mark nationwide
• Brand security: Prevents customer confusion from copycat businesses
• Business credibility: Official registration enhances professional reputation
• Growth foundation: Easier to expand trademark protection internationally
• Asset value: Trademarks become valuable intellectual property

There are a few potential drawbacks to keep in mind:

• Upfront costs: Application fees and potential legal expenses
• Time commitment: Registration process and ongoing maintenance
• Limited duration: Protection lasts 10 years, requiring renewal
• Geographic limits: US registration doesn't automatically protect overseas markets

What can and can't be trademarked?

Strong trademarks are distinctive, memorable, and not descriptive of your actual products or services. The most protectable marks are invented words (like "Kodak") or common words used in unexpected ways (like "Apple" for computers). Learn more about choosing a business name in our guide to coming up with a business name.

Some things can’t be trademarked, including:

• Offensive content: Profanity or inappropriate imagery
• Descriptive terms: Words that directly describe your products (like "Sports" for athletic wear)
• Misleading claims: False statements about your products or services
• Generic phrases: Overly common terms everyone needs to use
• Standard shapes: Basic product shapes (like a football shape for sports equipment)
• Official symbols: Government flags, emblems, or coats of arms without permission

How to check trademark availability

Trademark searching prevents costly application rejections by identifying existing marks that could conflict with yours. The USPTO requires your mark to be unique enough to avoid consumer confusion.

To check if your trademark is available, follow these steps:

1. Use the USPTO database: Search the Trademark Electronic Search System (TESS) for free
2. Check state databases: Search individual state trademark registrations
3. Google search: Look for unregistered marks in active commercial use
4. Hire professionals: Consider a trademark attorney for comprehensive searches

If you find a conflict during your search, consider these options:

• Identical matches: Choose a different name to avoid rejection
• Similar marks: Consult a trademark attorney to assess risk
• Different industries: May still proceed if no consumer confusion likely

Search thoroughly before you apply. This can help you avoid losing your $250–$350 application fee if your application is rejected.

How much does trademark registration cost?

The cost of registering a trademark depends on the type of application you file and the number of classes of goods or services you select. Ensure 'United States Patent and Trademark Office (USPTO)' is spelled out on first use in every section, then use 'USPTO' thereafter.

• TEAS Plus: This is the less expensive option, with stricter requirements for completing the application.
• TEAS Standard: This option is more flexible but has a higher application fee.

You pay fees for each class of goods or services. If your brand covers more than one category, such as clothing and software, you pay a separate fee for each. Budget for legal fees if you hire an attorney.

Federal vs state trademark registration: which do you need?

You can register a trademark at the federal or state level, and the right choice depends on where you do business. Understanding the difference is key to getting the right protection.

• Federal trademark registration with the USPTO provides protection across the entire United States. This is the best option if you conduct business in multiple states or sell your products online to a national audience.
• State trademark registration only protects your trademark within the borders of that specific state. It's a suitable choice for a small, local business that has no plans to expand beyond its home state.

For most businesses, especially if you sell online, federal registration gives you the strongest protection for your brand.

How to apply for a trademark

The USPTO trademark application process takes 8-12 months and costs $250-$350 per class of goods or services, depending on your filing method.

Before you apply:

• Choose your classes: Use the USPTO's ID Manual to identify which categories cover your products or services
• Prepare your specimen: Gather examples showing how you use the mark in commerce
• Select application type: Choose TEAS Plus ($250) for lower cost or TEAS Standard ($350) for more flexibility

Step-by-step application process:

1. Create your USPTO account at trademark.uspto.gov
2. Complete the online application with your mark details, classes, and specimen
3. Pay the required fees ($250-$350 per class)
4. Wait for initial review (3-4 months for USPTO examination)
5. Respond to office actions if the USPTO requests changes or clarifications
6. Publication period (30 days for opposition by third parties)
7. Registration certificate issued if no opposition occurs

If someone opposes your trademark, you can talk to them, withdraw your application, or defend it legally. Many people work with a lawyer during the process. Trademark law can be complex, and a lawyer can help you understand your rights and how to protect them.

Timeline and what happens after you file

After you submit your trademark application, approval takes time. The process involves several steps and can take a few months to over a year. Here’s what to expect:

1. The USPTO assigns your application to an examining attorney, which typically happens within a few months.
2. The attorney reviews your application to ensure it meets all legal requirements and doesn't conflict with existing trademarks.
3. If the attorney finds any issues, they will issue an 'Office action' letter explaining the problem. You'll have a set amount of time to respond.
4. Once your application is approved, it's published in the USPTO's 'Official Gazette.' This gives others a 30-day window to oppose your registration.
5. If there's no opposition, the USPTO officially registers your trademark and sends you a registration certificate.

Check your application status any time using the United States Patent and Trademark Office (USPTO) online system.

Common trademark application mistakes to avoid

The trademark application process has several steps. Avoid these common mistakes to help your registration go smoothly:

• Not conducting a thorough search: Before you apply, search the USPTO database and the internet to make sure a similar trademark isn't already in use.
• Choosing a descriptive mark: You can't trademark a name that simply describes your goods or services (e.g., 'Creamy Ice Cream'). Your name needs to be distinctive.
• Filing in the wrong class: Make sure you select the correct class or classes of goods and services that your business provides.
• Making errors on the application: Double-check all information for accuracy, including the owner's name and the description of your mark.

Getting these details right saves you time and money.

How to use your trademark

Using your registered trademark properly maximizes your legal protection and helps maintain your exclusive rights.

Trademark symbol usage:

• ®: Use only after official USPTO registration is complete
• ™: Use for unregistered trademarks or during the application process
• SM: Use for unregistered service marks

Your exclusive rights include:

• Enforcement power: Stop others from using confusingly similar marks
• Business opportunities:License, sell, or use as loan collateral
• Legal standing: Sue for damages in federal court for infringement
• Priority protection: Block later trademark applications for similar marks

If someone uses your trademark without permission, take these steps:

• Document the infringement: Screenshot or photograph unauthorized use
• Send a cease and desist letter: Often resolves issues without litigation
• Contact a trademark attorney: Get professional guidance on enforcement options
• File a federal lawsuit: Pursue damages and injunctive relief if necessary

To keep your trademark active, you need to file renewal documents at certain times:

Protecting your business finances as you grow your brand

Registering your trademark helps protect your brand as you grow. As your business expands, tracking legal fees and renewal costs is part of managing your finances. With the right tools, you can see how these investments add value to your brand.

Xero shows you your business finances in real time, so you can manage costs and plan for growth. Stay in control of your cash flow while you build a lasting brand. Try Xero free for one month to see how it supports your business.

FAQs on trademark registration

Here are some common questions and answers small business owners might have about registering trademarks.

How much does it cost to register a trademark in the US?

The cost depends on the application type and the number of classes for your goods or services. United States Patent and Trademark Office (USPTO) application fees usually range from $250 to $350 per class. You may also need to pay legal fees if you hire an attorney.

Do I need an LLC to get a trademark?

No, you don't need an LLC or any other business entity to get a trademark. You can file a trademark application as an individual, a sole proprietor, or under your business entity.

What are the 4 types of trademarks?

There are four main types of marks: trademarks for goods, service marks for services, collective marks for group members, and certification marks for products that meet certain standards.

How long does trademark registration take?

The process takes several months to over a year. Timing depends on your application and whether anyone raises issues or opposes your registration.

Can I trademark a name that's similar to an existing one?

No. The United States Patent and Trademark Office (USPTO) refuses applications if your trademark is too similar to an existing one and could confuse customers about the source of the goods or services.