US trademark registration can protect a business name, logo, slogan, or other source identifier across the country for the goods or services listed in your registration. Before filing, you need to understand what registration covers, search for conflicts, and make several decisions that affect your rights.
Key Takeaways
- Forming an LLC, registering an entity name, or buying a domain does not create federal trademark rights.
- Federal applications are filed online with the U.S. Patent and Trademark Office through Trademark Center.
- A proper search considers similar marks and related goods or services, not just exact name matches.
- You must identify the correct owner, mark format, goods or services, filing basis, and evidence of use.
- The USPTO base application fee is charged for each class, and additional fees may apply.
- Registration requires ongoing use and timely maintenance filings after approval.
US Trademark Registration and the Protection It Provides
A trademark identifies the source of goods or services. It can be a word, phrase, logo, design, or another feature that helps consumers distinguish your business from competitors. You may develop limited common law rights by using a mark in commerce, but those rights generally depend on where and how you actually use it.
Federal trademark registration through the USPTO provides broader benefits. Registration creates public notice of your claim and a legal presumption that you own the mark and may use it nationwide for the listed goods or services. It can also support enforcement in federal court. These rights remain subject to issues such as an earlier user's valid rights.
A business filing and a trademark filing serve different purposes. An LLC or corporation filing creates a legal entity under state law. A DBA filing records an assumed business name. A domain registration reserves an internet address. None of these filings, by itself, establishes federal trademark rights or proves that the name does not conflict with another brand.
| Protection | Geographic Scope | Filing Authority | Symbol | Common Use |
|---|---|---|---|---|
| Unregistered rights | Usually tied to actual market use | No registration required | TM or SM | A business using a mark in commerce |
| State registration | Within the registering state | Relevant state authority | TM or SM | A business operating primarily in one state |
| Federal registration | Nationwide rights for listed goods or services, subject to existing rights | USPTO | ® after registration | A business selling or expanding across state lines |
If you need a closer comparison of available protections, review how trademark searching and registration work together.
How to Check If a Name Is Already Trademarked
Start with the USPTO's official trademark search system. Search the proposed wording and reasonable variations in spelling, sound, appearance, and meaning. An exact-name search is not enough because the USPTO may refuse a mark that creates a likelihood of confusion with an earlier mark.
Confusion does not require identical names. The USPTO considers the similarity of the marks and whether the associated goods or services are related. Two businesses may sometimes use similar wording in unrelated markets, while slightly different names may conflict when they identify closely related products or services.
Review live applications and registrations, including the goods or services covered and the owner's information. A thorough clearance process may also include state trademark records, internet searches, business directories, social media, domain records, and marketplace listings. These sources can reveal unregistered users whose rights may not appear in the federal database.
Search results require judgment. A search showing no exact match does not guarantee approval, and a similar result does not always prevent filing. Consider the strength of the wording, the overlap between customers and products, and the earlier mark's status. The related guide to searching and registering trademarks explains how search findings affect the next step.
If the name presents substantial conflict risk, changing it before investing in packaging, advertising, or a launch can be less disruptive than responding to a refusal later.
Application Decisions Before You File a Trademark Name
Before you file a trademark name, decide exactly what rights you want the application to cover. Incorrect ownership or an inaccurate description can create problems that are difficult or impossible to fix after submission.
- Owner: Name the person or legal entity that controls the nature and quality of the goods or services. If an LLC owns and uses the brand, the LLC may be the proper applicant. If you operate individually, you may apply in your own name.
- Mark format: A standard-character application protects wording without claiming a particular font, color, or design. A special-form application covers the submitted design or stylization.
- Goods and services: Identify what customers buy under the mark. The description determines the registration's scope and the classes for which you pay.
- Filing basis: The two common bases are current use in commerce and a bona fide intent to use the mark in commerce. Other bases may apply to qualifying foreign applications or registrations.
- Specimen: A use-based application generally requires evidence showing how customers encounter the mark in connection with the listed goods or services. Advertising may work for services, while goods usually require evidence connecting the mark directly to the products.
An intent-to-use application lets you file before commercial use begins, but it does not produce a registration until you submit acceptable proof of use and pay the applicable later-stage fee. Your claimed intention must be genuine.
You do not need an LLC to apply. Individuals and qualifying legal entities can own trademarks. However, applicants domiciled outside the United States must be represented before the USPTO by a U.S.-licensed attorney. If international protection is also part of your plan, consider the separate process for registering a trademark worldwide.
How Do You Register a Trademark Online?
You register a federal trademark through the USPTO's Trademark Center. The online application asks for the owner's identity and domicile, the mark, the relevant goods or services, the filing basis, and payment information. Use the USPTO's current instructions because its systems and requirements can change.
- Create or use the required USPTO account and complete any identity-verification steps.
- Select the appropriate application and identify the correct trademark owner.
- Enter the mark. Upload a clear depiction if you are claiming a logo or stylized design.
- Choose accurate descriptions and classes for the goods or services associated with the mark.
- Select the filing basis for each listed item and provide a specimen when current use requires one.
- Review the declarations, sign the application, and pay the calculated fees.
- Save the filing receipt and serial number so you can monitor the application.
Read every entry before signing. Trademark applications become public records, and the USPTO generally does not refund filing fees if the application is later refused or abandoned. Do not broaden the goods or services to cover products you do not offer or genuinely plan to offer.
Filing creates a pending application, not an approved registration. You cannot use the federal registered symbol merely because you submitted an application. Continue monitoring the application's status and any USPTO correspondence throughout the review process.
Federal Trademark Registration Cost and Timing
The USPTO's base online application fee is $350 for each class of goods or services. A mark covering one class starts with one base fee, while an application covering several classes requires a fee for each class. The USPTO may assess additional charges for missing required information, using a custom free-form description of goods or services, or exceeding applicable character limits.
Intent-to-use applicants should also budget for later proof-of-use filings and any requested extensions. Other possible expenses include professional search services, attorney fees, responses to refusals, opposition proceedings, and post-registration maintenance. Review the official USPTO trademark fee information immediately before filing because fees can change.
The process commonly takes 12 to 18 months, but actual timing depends on current USPTO workloads and the application. A straightforward use-based application may move faster than one involving an Office Action, an opposition, or an intent-to-use basis. The USPTO publishes current information on its registration timeline.
Do not choose a filing strategy based only on the lowest initial fee. An inaccurate owner, unsupported basis, unnecessary class, or overly broad description can cost more to correct than careful preparation. USPTO filing fees are generally not refunded when registration is refused.
What Happens After You Get a Trademark Application Filed?
After filing, the USPTO assigns a serial number and eventually sends the application to an examining attorney. The examiner reviews the owner information, mark, goods or services, filing basis, specimen, and legal eligibility. The examiner also searches for earlier applications or registrations that may create a likelihood of confusion.
If the examiner identifies a problem, the USPTO issues an Office Action. Some actions concern formal matters, such as a disclaimer, description, classification, or specimen. Others raise substantive refusals based on confusing similarity, descriptiveness, or another legal ground. Most responses are due within three months, although a paid three-month extension may be available. Always follow the deadline stated in the notice.
If the examiner approves the mark, the USPTO publishes it in the Official Gazette. Other parties then have 30 days to oppose registration or request additional time to oppose. A use-based application can proceed toward registration if no successful opposition occurs.
For an intent-to-use application, approval and publication generally lead to a Notice of Allowance rather than immediate registration. The applicant must submit acceptable proof of use or request an available extension. The initial deadline is six months after the notice, and up to five six-month extensions may be requested with the required fees.
If a search reveals similar marks, ownership or filing basis is uncertain, or you receive an Office Action or opposition, you can post your legal need on UpCounsel's marketplace. A trademark attorney can assess conflict risk, define the application's scope, prepare or revise the filing, and respond to the USPTO or an opposing party. Responses typically arrive within a day, helping you evaluate the issue before a filing or response deadline passes.
Trademark Symbols, Maintenance, and Renewal
You may use TM for goods or SM for services when claiming trademark rights, even without a federal registration. Use the federal registered symbol, ®, only after the USPTO registers the mark. A pending application does not authorize it. After registration, use the symbol only with the goods or services covered by the registration.
Registration does not eliminate the need to use and protect the mark. Continue using it as a source identifier, keep examples of that use, and monitor the market for confusingly similar branding. If ownership changes through a sale, merger, or restructuring, document the transfer and update the USPTO record as appropriate.
Federal registrations require specific maintenance filings:
- Between the fifth and sixth years after registration: File the required declaration showing continued use or qualifying excusable nonuse, with specimens and fees.
- Between the ninth and tenth years: File the continued-use declaration and renewal application.
- Every 10 years after that: Submit the required continued-use and renewal filings again.
A federal trademark registration can remain active indefinitely if the owner continues qualifying use and makes all required filings. Missing a maintenance window can result in cancellation or expiration, although a limited grace period may be available with additional fees. Check the USPTO's current maintenance guidance rather than relying only on a calendar reminder.
Registration protects only the mark and goods or services identified in the record. If your branding changes materially or your business expands into new product categories, you may need a new application instead of trying to alter the existing registration.
Frequently Asked Questions
How Do You Trademark a Name?
You trademark a name by using it as a source identifier and applying to register it with the USPTO if federal protection is appropriate. Decide whether you want protection for the words alone or a particular logo treatment. A standard-character filing usually gives broader flexibility for wording because it is not limited to one displayed font or design.
How Do I Trademark My Business Name?
You can trademark your business name if it identifies your goods or services and meets federal registration requirements. Make sure the application names the actual owner, especially if you recently formed a company. Filing personally when an LLC owns the brand, or naming an LLC that does not exist, may create a serious ownership defect.
How Do You Get a Trademark?
You get trademark rights through qualifying use, while federal registration requires approval of a USPTO application. Submitting an application does not guarantee registration or give immediate permission to use the registered symbol. Your rights also depend on the mark's distinctiveness, earlier users, and the specific goods or services connected to it.
How Do You Register a Trademark in the United States?
You register a trademark in the United States by submitting an application through the USPTO and completing examination, publication, and any proof-of-use requirements. A foreign-domiciled applicant must use a U.S.-licensed attorney. U.S.-domiciled applicants may file without counsel, although the USPTO will not provide individualized legal advice.
How Much Does It Cost to Get a Trademark in the US?
The base USPTO online application fee is $350 per class, but your total depends on the application. Multiple classes increase the filing fee, and custom descriptions, missing information, intent-to-use submissions, extensions, or contested proceedings can add costs. Confirm the current fee schedule before submitting payment because USPTO fees are subject to change.
How Can I Check If a Name Is Already Trademarked?
You can check the USPTO search system for active applications and registrations, but also investigate broader marketplace use. A canceled or expired federal record does not necessarily mean the name is available because another business may still have common law rights. Look at the mark's history, owner, goods or services, and evidence of continuing use.
Do I Need an LLC to Get a Trademark?
No, you do not need an LLC to own or apply for a trademark. An individual may own a mark, as may a corporation, partnership, LLC, or another eligible legal entity. If you later transfer the brand to a new company, use a written assignment and ensure that the associated goodwill transfers with the trademark.
