Do you want to protect your brand name, logo, or slogan so others can’t copy your hard work? That’s what a trademark does. In this guide, I’ll walk you through why trademarks matter and exactly how to file one with the United States Patent and Trademark Office (USPTO).
Why Trademarks Matter
- They protect your brand so customers know it’s really you.
- They build trust and add value if you ever sell your business.
- They give you nationwide rights once registered with the USPTO, not just local rights.
What You Can Trademark
- Words like a brand or product name
- Logos or symbols
- Slogans
- Certain product packaging or sounds
Step-by-Step: How to Trademark
1. Decide What You Want to Protect
Pick the exact word, phrase, or logo. Make sure it’s distinctive. Generic names are weak and may be refused.
2. Check That It’s Worth Filing
Federal registration gives stronger protection and extra legal benefits. If your brand is important to your business and you’ll sell across state lines, it’s usually worth it.
3. Search the USPTO Database
Before you spend money, search the USPTO database to see if someone already has something similar. Look for different spellings, spacing, or sounds. For logos, use the USPTO’s Design Search Codes.
4. List Your Goods and Services
You must tell the USPTO what you sell under the mark. The USPTO has an “ID Manual” with approved wording. Using those terms helps avoid extra fees.
5. Create a USPTO.gov Account
You need a verified account to file online. Identity verification is required.
6. File the Application in Trademark Center
Choose your filing basis:
- Use in commerce if you’re already selling
- Intent to use if you plan to sell later
If you’re already selling, upload a clear “specimen” (proof of use).
7. Pay the Fees
The base fee is $350 per class of goods or services. Extra fees may apply if your application is incomplete or if you write your own custom description. International filings cost more.
8. Watch for Updates and Respond
The USPTO assigns your application to an examining attorney. Check your status often and respond on time if you get a letter (called an “office action”). First review usually takes about six months. Full registration can take 12–18 months.
9. Publication and Opposition
If the examiner approves your mark, it will be published so others can object. If no one objects, your mark moves toward registration. If you filed “intent to use,” you’ll get a Notice of Allowance.
10. Show Proof of Use (If Needed)
If you filed “intent to use,” you’ll later need to show proof you’re now selling under the mark. This costs an additional fee.
11. Keep Your Registration Alive
You must file updates to keep your trademark active:
- Between years 5 and 6: a Declaration of Use
- At year 10 and every 10 years after: a renewal filing
If you miss these deadlines, your registration can be canceled.
How Much Does It Cost?
- Filing fee: $350 per class
- Extra fees: $100–200 per class if your application has issues
- International filings: $600 per class
- Maintenance filings later have their own fees
How Long Will It Take?
Expect the first review in about six months and full registration in 12–18 months. Complicated cases can take longer.
Pro Tips to Avoid Delays
- Search carefully before filing
- Use approved ID Manual wording for your goods/services
- Upload a clear specimen that shows real use
- Monitor your status and respond to USPTO letters on time
Quick Checklist
- Choose a unique mark
- Search the USPTO database
- List your goods and services
- Create and verify your USPTO.gov account
- File in Trademark Center and pay fees
- Watch for office actions and respond
- File proof of use if needed
- Make your 5-year and 10-year renewal filings
Final Note
This guide is for educational purposes and not legal advice. Trademarks can get technical. If your brand is very important or complex, you may want to consult a trademark attorney.
