If you want to protect a business name, brand name, product name, logo, slogan, or another brand identifier in the United States, you may be asking, “How do I register a trademark?”
The federal trademark registration process is handled by the United States Patent and Trademark Office (USPTO). You can file a trademark application yourself if you are domiciled in the United States, although hiring a U.S.-licensed trademark attorney may be worthwhile if your situation is complicated. Foreign-domiciled applicants generally must have a U.S.-licensed attorney represent them before the USPTO.
In simple terms, registering a trademark involves:
- Choosing a trademark that can be protected.
- Searching for existing and potentially conflicting marks.
- Identifying your goods or services.
- Choosing the appropriate filing basis.
- Preparing your application and specimen, if required.
- Filing through USPTO Trademark Center.
- Responding to any Office Action.
- Going through publication and opposition.
- Completing the requirements for registration.
- Maintaining the registration after it is approved.
But there is an important point many beginner guides miss:
Filing a trademark application does not guarantee registration.
Your application must satisfy USPTO requirements and may face refusals or other requirements during examination.
Key Takeaways for U.S. Trademark Registration 2026
| Question | Short answer | What it means for you |
|---|---|---|
| Can I register a trademark myself? | Yes, if you are U.S.-domiciled. Foreign-domiciled applicants generally need a U.S.-licensed attorney. | DIY filing is possible, but legal advice can be valuable when conflicts or complex issues exist. |
| Where do I file a trademark? | New applications are filed through USPTO Trademark Center. | The old TEAS initial application forms are no longer the system for new applications. |
| How much does a trademark cost? | The USPTO base application fee is $350 per class for qualifying Section 1 and Section 44 applications. | Additional fees may apply depending on your application. |
| How long does registration take? | There is no guaranteed total timeline. USPTO data updated June 30, 2026, shows an average of 4.2 months to the first examining action. | The complete process can take longer if there are refusals, delays, opposition, or additional filing requirements. |
| Do I need an LLC first? | No. | A trademark can be owned by an individual or an eligible business entity. |
| Can I trademark a logo? | Yes, if it functions as a trademark and meets the registration requirements. | You can seek protection for a design mark, although the scope differs from a word mark. |
| Do I need to be using the mark already? | Not always. | An intent-to-use filing may be available if you have a bona fide intent to use the mark in commerce. |
| What is the biggest risk before filing? | A conflict with an earlier trademark or other legal problem. | Search before investing heavily in the brand. |
USPTO information supports the current $350 base fee, Trademark Center filing system, filing-basis rules, attorney requirements, and current processing data.
What Is a Trademark?
A trademark is a word, phrase, symbol, design, or combination of elements that identifies and distinguishes the source of goods or services.
A trademark can help consumers recognize a particular brand and distinguish it from competing businesses.
For example, a business may seek trademark protection for:
- A brand name
- A product name
- A company name used as a brand
- A slogan
- A logo
- A stylized design
- Certain sounds
- Certain forms of trade dress
- Other qualifying brand identifiers
A trademark can relate to goods or services. A service mark is used in connection with services, although people commonly use the word “trademark” when discussing both.
USPTO: Trademark basics and process
What Can You Trademark in the USA?
A trademark is not simply something you “claim” by putting a TM next to it.
The mark needs to function as a source identifier and satisfy the legal requirements for registration.
Potential examples include:
Brand names
A distinctive brand name can function as a trademark.
Product names
A distinctive name used to identify a particular product can potentially be registered.
Logos and design marks
A graphical design, stylized wording, or logo can potentially be registered.
Slogans
A slogan may qualify when consumers perceive it as identifying the source of goods or services rather than merely as ordinary advertising language.
Non-traditional trademarks
Certain sounds, colors, product configurations, packaging, and other non-traditional forms of branding may qualify in appropriate circumstances.
The important question is always whether the particular matter functions as a trademark and satisfies the applicable legal requirements.
What Cannot Be Trademarked?
Not every word, name, design, or idea can receive federal trademark protection.
For example, problems can arise when a proposed mark is:
- Generic for the goods or services
- Merely descriptive
- Functional
- Confusingly similar to an existing mark
- Used in a way that does not function as a trademark
- Submitted with an inadequate identification of goods or services
- Supported by an unacceptable specimen when one is required
The USPTO specifically warns that a mark may be refused when it is generic or functional, or when another party has rights in a similar mark used with related goods or services.
Choose a Strong Trademark Before You File
Not all trademarks are equally strong.
A useful way to understand trademark strength is:
Fanciful
A word created specifically as a brand.
Arbitrary
An existing word used for an unrelated product or service.
Suggestive
A term that suggests something about the goods or services without directly describing them.
Descriptive
A term that directly describes a feature, characteristic, quality, ingredient, purpose, or other aspect of the goods or services.
Generic
The common name of the goods or services themselves.
As a general rule, distinctive marks provide a stronger starting point for trademark protection than descriptive or generic terms.
This is why choosing a trademark should happen before you spend heavily on packaging, advertising, domain development, and other brand assets.
Step 1: Search the Trademark Before Filing
One of the most important steps in trademark registration is searching before you apply.
Do not search only for the exact spelling.
A potential conflict can exist even when another company’s name is not identical to yours.
The USPTO explains that likelihood of confusion can arise from similarity in:
- Sound
- Appearance
- Meaning
- Overall commercial impression
The goods or services associated with the marks also matter.
Example
Suppose your proposed brand is:
BrightNest
You should not search only:
BrightNest
You should also investigate potentially similar names, spellings, sounds, meanings, and related businesses.
The goal is not simply to answer:
“Is this exact name already registered?”
The better question is:
“Could consumers believe my goods or services come from the same source as another business?”
How to Perform a Basic Trademark Search
Start with the USPTO trademark database.
Then look for:
- Exact matches
- Similar spellings
- Similar pronunciations
- Similar meanings
- Similar designs
- Related goods
- Related services
- Live registrations
- Pending applications
You should also investigate marketplace use outside the federal database.
A USPTO search is important, but it should not automatically be treated as a complete legal clearance search.
USPTO Trademark Search Resources
Step 2: Decide What You Want to Register
Before filing, decide what part of your branding is most important.
You may want to register:
- The brand name
- The logo
- A slogan
- A combination of wording and design
This decision matters because different types of trademark drawings can provide different scopes of protection.
Word Mark vs. Logo: Which Should You Register?
This is one of the most important decisions for a new brand.
Word mark
A standard-character mark protects the wording itself rather than limiting the protection to one particular font, color, or visual arrangement.
For example:
BRIGHTNEST
A word mark can generally provide broader protection for the wording than registering only one particular logo design.
Design mark
A design or special-form mark protects the particular stylization, graphical arrangement, or design submitted with the application.
For example:
[BrightNest logo design]
The protection is connected to the design shown in the application.
Word mark vs. design mark
| Feature | Word mark | Design mark |
|---|---|---|
| Protects wording | Yes | May include wording as part of the design |
| Protects specific logo appearance | No | Yes |
| Limited to particular font/design | No | Generally yes |
| Useful for a changing logo | Often more flexible | New branding may require a new application |
| Best when | The brand name is the main asset | The visual design itself is important |
The USPTO specifically explains that standard-character drawings protect wording without limiting it to a particular font, style, or color, while special-form drawings cover stylization or design.
Should you register both?
Sometimes.
If the brand name is commercially important and the logo is also a significant identifier, separate protection may make sense.
For a business with a limited budget, the most important question is which asset currently provides the greatest brand value and needs protection first.
Step 3: Identify Your Goods and Services
You cannot register a trademark for an unlimited list of products and services.
Your application must identify the goods and/or services associated with the mark.
The USPTO uses the international classification system, which contains 45 classes.
There are:
- Classes 1 through 34 for goods
- Classes 35 through 45 for services
Examples of trademark classes
| Business | Example goods/services | Common class |
|---|---|---|
| Clothing brand | Shirts, clothing | Class 25 |
| Software business | Downloadable software | Class 9 |
| SaaS business | Online software services | Class 42 |
| Restaurant | Restaurant services | Class 43 |
| Advertising agency | Advertising services | Class 35 |
| Financial company | Financial services | Class 36 |
These examples are simplified. The correct class and identification depend on what you actually offer.
Why trademark classes matter
Your class selection affects:
- What your registration covers
- How your application is examined
- The searches you should perform
- How much you pay in filing fees
The USPTO states that the base application fee applies per class.
Step 4: Choose Your Filing Basis
Before you file, determine why you are entitled to seek federal registration.
This is called your filing basis.
Two common bases are:
Use in commerce
You are already using the trademark in qualifying commerce for the goods or services listed in your application.
For this type of application, you generally need to provide dates of use and a specimen showing how the mark is being used.
Intent to use
You have a bona fide intention to use the trademark in commerce but have not yet established the required use.
An intent-to-use application can allow you to start the federal application process before actual use is established, but additional requirements must be completed before registration.
The USPTO explains that these filing bases have different legal requirements.
Can I trademark a name before launching my business?
Potentially, yes.
If you have a genuine intention to use the mark in commerce, an intent-to-use application may be appropriate.
That does not mean you can reserve unlimited names simply because you might use them someday. The required bona fide intent must exist and the remaining requirements must be satisfied.
Step 5: Prepare Your Trademark Application
Before opening the application, gather:
- Legal name of the applicant
- Applicant’s domicile address
- Entity information, if applicable
- Trademark wording or design
- Goods and services
- International classes
- Filing basis
- Dates of use, if applicable
- Specimen, if required
- Other required statements
- Filing fee
Make sure the actual owner is correctly identified.
An application filed in the wrong owner’s name can create problems that are much harder to fix later.
Step 6: Create a USPTO Account and Use Trademark Center
For new U.S. trademark applications, the USPTO now uses Trademark Center.
The TEAS initial application forms were retired on January 18, 2025, and Trademark Center became the place for new trademark applications.
You need a USPTO.gov account and identity verification to access the trademark filing systems.
USPTO Trademark Center and online filing
Step 7: Pay the USPTO Filing Fee
The current base application fee for a Section 1 or Section 44 application is:
$350 per international class
For example:
| Classes | Base filing fees |
|---|---|
| 1 class | $350 |
| 2 classes | $700 |
| 3 classes | $1,050 |
The USPTO also has additional fees that may apply depending on the application.
For example, the current fee schedule includes additional charges for certain incomplete applications, free-form goods/services descriptions, and intent-to-use filings.
This is why you should not assume that every trademark application will cost exactly $350.
Is trademark registration free?
No.
You can perform your own preliminary research and potentially prepare your own application, but federal trademark registration requires USPTO fees.
Attorney or professional service fees are separate.
Step 8: Submit a Drawing and Specimen When Required
A common beginner mistake is confusing a drawing with a specimen.
They are different.
Drawing
The drawing shows the trademark you want to register.
Specimen
The specimen shows how you actually use that trademark in commerce with your goods or services.
The USPTO specifically makes this distinction.
Examples of specimens for goods
Depending on the circumstances, examples can include:
- Product packaging
- Labels
- Tags
- Photographs of the mark on the goods
- A qualifying product webpage showing the mark and purchasing information
Examples of specimens for services
Examples can include:
- Website pages
- Advertising
- Brochures
- Signs
- Other materials showing the mark in connection with the services
A website screenshot used as a specimen generally needs to include the URL and the date it was accessed or printed.
A mock-up or digitally created image showing how you intend to use the mark is not the same as evidence of actual use.
Step 9: USPTO Examination
After you submit the application, the USPTO processes it and assigns it for examination.
An examining attorney reviews the application.
They may examine:
- The trademark
- Ownership
- Goods and services
- Filing basis
- Specimen
- Potential conflicts
- Other legal requirements
According to USPTO processing data updated June 30, 2026, the average time between filing a new trademark application and the first examining action is 4.2 months.
This is an average, not a guaranteed deadline for your application.
Step 10: Respond to an Office Action if Necessary
If the examining attorney identifies a problem, the USPTO may issue an Office Action.
An Office Action can involve:
- Likelihood of confusion
- Descriptiveness
- Genericness
- Goods/services identification
- Specimen problems
- Drawing problems
- Ownership issues
- Other application requirements
What should you do after receiving an Office Action?
Read every refusal and requirement carefully.
You may need to:
- Provide arguments
- Submit evidence
- Amend the application
- Correct information
- Replace or clarify a specimen
- Narrow or clarify goods/services
- Address other USPTO requirements
Do not ignore an Office Action.
Failure to respond within the applicable deadline can cause the application to be abandoned.
USPTO: Responding to Office Actions
Step 11: Publication and Opposition
If your application clears examination, the USPTO may publish the mark in the Trademark Official Gazette.
Publication gives third parties an opportunity to oppose the application.
The opposition period is generally 30 days from publication.
An opposition is a formal proceeding before the Trademark Trial and Appeal Board, not simply an email from another business complaining about your name.
Step 12: Registration or Notice of Allowance
What happens next depends partly on your filing basis.
For an application based on existing use, the USPTO can proceed toward registration after the required stages are completed if there are no unresolved issues.
For an intent-to-use application, the USPTO generally issues a Notice of Allowance before the applicant completes the additional requirements needed to establish use.
This distinction is important because an intent-to-use application does not immediately become a registered trademark simply because it survives examination.
How Long Does U.S. Trademark Registration Take?
There is no single guaranteed timeline.
The total time can depend on:
- USPTO processing
- Filing basis
- Examination
- Office Actions
- Applicant response time
- Opposition
- Statements of use
- Other procedural requirements
As of June 30, 2026, USPTO data shows an average of 4.2 months to the first examining action for new applications.
That should not be confused with the total time required to obtain registration.
A straightforward application may progress differently from an application that receives an Office Action or faces opposition.
What Happens After Your Trademark Is Registered?
Registration is not the end of trademark management.
You must maintain the registration and continue satisfying the legal requirements.
For registrations not based on the Madrid Protocol, the USPTO requires:
Between the fifth and sixth years
File the required Section 8 Declaration of Use or Excusable Nonuse.
Between the ninth and tenth years
File the required Section 8 declaration and Section 9 renewal application.
Every 10 years afterward
Continue the required Section 8 and Section 9 filings.
If you miss the applicable deadlines and grace period, your registration can be canceled.
USPTO: Maintaining your trademark registration
Can I Register a Trademark Without an LLC?
Yes.
The USPTO does not require you to form an LLC before filing a trademark application.
An individual can potentially own a trademark.
However, you should think carefully about ownership before filing.
For example, if you intend for your company to own the brand, filing personally and later transferring the trademark can create unnecessary complications.
The important point is:
An LLC registration and a federal trademark registration are two different things.
Registering your company name with a state does not automatically give you federal trademark protection.
Can I Trademark My Business Name?
Potentially.
The question is whether the name functions as a trademark and satisfies the legal requirements.
For example, if you form:
BrightNest LLC
that does not automatically give you federal trademark rights in BrightNest.
If BrightNest is being used as the brand for your goods or services, you can evaluate whether it is appropriate to seek federal registration.
Before filing, search for existing marks and other potential conflicts.
How to Trademark a Logo
If your logo functions as a source identifier, you may apply for federal trademark registration for the design.
Before filing, decide whether the most important asset is:
The wording
or
The specific visual design
If the wording is the main brand identifier, a standard-character word mark may provide broader protection for the wording.
If the visual design itself is important, a design-mark application may be appropriate.
In some cases, businesses may consider protecting both.
The USPTO provides specific requirements for drawings and specimens.
Can Non-U.S. Businesses Register a U.S. Trademark?
Yes.
A foreign individual or business can seek U.S. trademark protection if it satisfies the applicable requirements.
However, there is an important rule for foreign-domiciled applicants:
A foreign-domiciled trademark applicant generally must be represented by a U.S.-licensed attorney before the USPTO.
The USPTO determines domicile based on the applicable individual or business circumstances, not simply on where a business happens to sell products.
Certain international filing routes, including Madrid Protocol-related filings, have their own requirements.
Common Reasons a Trademark Application Is Refused
Understanding common refusal grounds can help you make better decisions before filing.
Likelihood of confusion
Your mark may be too similar to an earlier mark for related goods or services.
This is one of the most common reasons for refusal.
Descriptiveness
Your mark may directly describe characteristics or features of your goods or services.
Genericness
A generic term is the common name for the goods or services and generally cannot function as a trademark for them.
Specimen problems
The specimen may fail to show actual qualifying trademark use.
Incorrect goods or services
The identification may be vague, inaccurate, or otherwise fail to satisfy USPTO requirements.
The USPTO recommends using clear, concise descriptions that accurately identify the goods or services.
Ownership problems
The application may identify the wrong owner.
Failure to respond
Even an application with a potentially registrable mark can be abandoned if the applicant does not respond properly and on time to a USPTO requirement.
Do You Need a Trademark Attorney?
If you are U.S.-domiciled, you generally are not required to hire a trademark attorney.
If you are foreign-domiciled, you generally must have a U.S.-licensed attorney represent you before the USPTO.
DIY filing may be reasonable when:
- Your mark is straightforward.
- Your search reveals little obvious conflict.
- Your goods/services are easy to identify.
- You understand the filing requirements.
- You are comfortable responding to USPTO communications.
Consider professional legal help when:
- Similar marks already exist.
- Your mark may be descriptive.
- You receive an Office Action.
- You have complicated ownership.
- You are filing internationally.
- Your brand is commercially important.
- You face an opposition.
The USPTO itself encourages applicants to consider whether they should hire a U.S.-licensed trademark attorney.
Trademark Registration Checklist
Before you file, make sure you can answer these questions:
- What exactly am I trying to trademark?
- Is it a word mark, design mark, slogan, or another type of mark?
- Who will legally own the trademark?
- Is the mark distinctive enough to protect?
- Have I searched the USPTO database?
- Have I searched similar spellings and sounds?
- Have I considered related goods and services?
- Have I checked marketplace use?
- What goods and services will the registration cover?
- Which international classes apply?
- Am I already using the mark in commerce?
- If not, do I have a bona fide intent to use it?
- Do I need a specimen?
- Is my drawing accurate?
- Have I calculated the correct USPTO fees?
- Is my applicant information correct?
- Will I need a U.S.-licensed attorney?
- How will I monitor the application after filing?
Frequently Asked Questions About U.S. Trademark Registration
How do I apply for a trademark?
You apply for federal trademark registration through USPTO Trademark Center. Before filing, search for conflicting marks, determine your goods and services, choose the appropriate filing basis, prepare the required application information and specimen when applicable, and pay the required fee.
How do I get a trademark?
You can seek federal trademark registration by filing an application with the USPTO and successfully completing the examination and registration process. Filing an application alone does not guarantee registration.
How much does it cost to register a trademark in the USA?
The current base USPTO application fee is $350 per class for qualifying Section 1 and Section 44 applications. Additional fees may apply depending on the application.
Can I register a trademark for free?
No. Federal trademark registration requires USPTO fees. You can conduct research and potentially file yourself, but the federal filing fee still applies.
Can I file a trademark myself?
Yes, if you are U.S.-domiciled. Foreign-domiciled applicants generally need a U.S.-licensed attorney.
Do I need an LLC to register a trademark?
No. An individual can potentially own and register a trademark. However, you should determine who should own the trademark before filing.
Can I trademark my business name?
Potentially. A business name can function as a trademark when it identifies the source of goods or services and satisfies the applicable requirements. Simply registering an LLC or business name does not create a federal trademark registration.
Can I trademark a brand name before launching?
Potentially. An intent-to-use application may be available when you have a bona fide intention to use the mark in commerce. Additional requirements must be satisfied before registration.
How do I trademark a logo?
You can file an application for a design mark when your logo functions as a trademark and meets the USPTO requirements. You will need an appropriate drawing and, for a use-in-commerce application, an acceptable specimen.
What is the difference between a trademark and a business name?
A business-name registration establishes a business entity or name under applicable state rules. A federal trademark registration protects a qualifying brand identifier in connection with specified goods or services under federal trademark law.
What is the difference between TM and ®?
TM can be used to indicate a claim to a trademark. The ® symbol is used for a federally registered trademark and should not be used as though registration exists before the mark is federally registered.
How long does a trademark registration last?
A registration can continue indefinitely if the owner continues meeting the requirements and files the required maintenance and renewal documents. For most registrations, maintenance filings are required between years 5 and 6, years 9 and 10, and every 10 years afterward.
What happens if my trademark application is rejected?
The USPTO may issue an Office Action explaining the refusal or other requirements. Depending on the issue, you may be able to respond with arguments, evidence, amendments, or other appropriate information.
Can a company outside the USA register a U.S. trademark?
Yes. Foreign applicants can seek U.S. trademark protection, but foreign-domiciled applicants generally must be represented by a U.S.-licensed attorney before the USPTO.
Final Takeaway
If you are searching for how to register a trademark in the USA, don’t think of the process as simply filling out a form and paying $350.
The most important work happens before and around the application:
Choose a strong mark → search for conflicts → identify the correct goods/services → select the right filing basis → prepare the drawing/specimen → file through Trademark Center → respond to USPTO requirements → complete examination and publication → obtain registration → maintain it.
The current USPTO base application fee is $350 per class for qualifying Section 1 and Section 44 applications, but additional fees can apply.
The USPTO’s current processing data also shows that the average time to the first examining action is about 4.2 months, but your complete registration timeline can vary considerably.
If your brand is commercially important, the safest approach is to conduct a meaningful clearance search and understand the filing requirements before submitting the application.