How to register a trademark in the US
Registering a trademark with the USPTO protects your brand nationwide. Here's the process, stage by stage, so you know what to expect.
Why register?
You get some common-law trademark rights just by using a mark, but federal registration with the USPTO adds powerful benefits: nationwide priority, the right to use the ® symbol, a legal presumption of ownership, and stronger footing to stop infringers. Here's how the process works.
1. Search before you file
Start with a clearance search of the USPTO database to make sure your mark isn't already taken in a related class. Filing for a mark that conflicts with an existing one is the most common reason applications are refused — and the fee isn't refunded. Search variations, spellings, and phonetic equivalents.
2. File the application
Submit your application through the USPTO, specifying the mark, the owner, the goods or services, and the correct class(es). You'll choose a filing basis — typically “use in commerce” if you're already selling, or “intent to use” if you plan to. Application fees are per class.
3. Examination and registration
A USPTO examining attorney reviews your application, which can take several months. They may issue an “office action” raising issues you must respond to. If cleared, your mark is published for opposition; absent a successful challenge, it proceeds to registration. The whole process often takes 8–12 months or more.
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Frequently asked questions
How long does trademark registration take?
Typically 8–12 months or more, depending on whether the examiner raises issues and whether anyone opposes the mark after publication.
Do I need a lawyer to register a trademark?
US-based applicants aren't legally required to use one, but many do because applications are often refused on technical grounds an attorney can help avoid.
Can I register a mark I'm not using yet?
Yes — file on an “intent to use” basis. You'll later need to show actual use in commerce before the registration is finalized.