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How to Register a Trademark

Federal & State Law Editorial TeamLast reviewed: 2025-10-22

A trademark protects words, phrases, logos, or symbols that identify and distinguish your goods or services. Registration with the U.S. Patent and Trademark Office (USPTO) provides significant legal advantages.

Before filing:

  • Choose a strong mark. Distinctive marks (arbitrary, fanciful, suggestive) receive the strongest protection. Generic or merely descriptive marks are difficult or impossible to register.
  • Search for conflicts. Search the USPTO's Trademark Electronic Search System (TESS), state registries, and the internet for similar marks in your industry.
  • Filing the application:

  • File online through the USPTO's Trademark Electronic Application System (TEAS).
  • Choose the filing basis — use in commerce (if already using the mark) or intent to use (if planning to use it).
  • Identify the goods or services associated with the mark.
  • Pay the filing fee ($250-$350 per class of goods/services).
  • Submit a specimen showing the mark in use (or a statement of intent to use).
  • After filing:

  • An examining attorney reviews your application (typically 3-4 months after filing).
  • You may receive an office action requiring a response.
  • If approved, the mark is published for opposition (30 days for others to object).
  • If no opposition, the mark is registered (or you receive a notice of allowance for intent-to-use applications).
  • Timeline. The entire process typically takes 8-12 months if there are no complications.

    Maintaining registration. File required maintenance documents between the 5th and 6th year, and renew every 10 years.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You received an office action from the USPTO
    • Someone is opposing your trademark application
    • You need to enforce your trademark against infringers
    Related Statutes & Laws
    • Lanham Act (15 U.S.C. § 1051 et seq.)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.