Homeโ€บGuidesโ€บHow to Apply for a U.S. Trademark

โ„ข๏ธ How to Apply for a U.S. Trademark

A federal trademark registration can protect a brand name, logo, or other source identifier for specified goods or services. Registration is not automatic, and the United States Patent and Trademark Office does not choose or clear a mark for you.

Start with the official USPTO trademark process. Search federal records and the broader marketplace for confusingly similar marks, identify the correct owner, and describe goods or services accurately. Legal advice can be valuable because filing fees are generally nonrefundable.

Applications are filed in Trademark Center through a USPTO.gov account with two-step authentication. Monitor every USPTO notice and deadline after filing; missing a response can abandon the application.

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The USPTO base application fee is $350 per class when base requirements are met at the time of this guide. Additional application, intent-to-use, or maintenance fees may apply; confirm the current USPTO fee page before filing.
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Examination and registration commonly take many months and may take longer if the USPTO issues an office action, an opposition is filed, or intent-to-use steps are required.
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๐Ÿ“‹ Documents you'll need

  • Exact wording or a clear image of the mark
  • Legal name, entity type, citizenship or state of organization, and address of the owner
  • Email address for official correspondence
  • Accurate list of goods and services and their international classes
  • Filing basis, such as current use or intent to use
  • Specimen showing real use in commerce when required
  • Dates of first use when the filing basis requires them

๐Ÿชœ Step-by-step

  1. Search the USPTO database and the broader marketplace for similar marks.
  2. Decide whether to file a word mark, design mark, or both in separate applications.
  3. Identify the correct legal owner before filing.
  4. Choose a valid filing basis and precise goods or services from approved descriptions when possible.
  5. Create a USPTO.gov account and open Trademark Center.
  6. Complete the application, upload the mark and specimen when required, and review every declaration.
  7. Pay the fee for each class and save the serial number and receipt.
  8. Monitor the status and respond to examining-attorney or publication issues by every deadline.
Estimated costThe USPTO base application fee is $350 per class when base requirements are met at the time of this guide. Additional application, intent-to-use, or maintenance fees may apply; confirm the current USPTO fee page before filing.
Typical timelineExamination and registration commonly take many months and may take longer if the USPTO issues an office action, an opposition is filed, or intent-to-use steps are required.
Note This guide is general information and procedures, fees, and rules can change and vary by state or agency. The official authority is always the relevant government office and its official website. See our Disclaimer.
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Frequently asked questions

Does a federal trademark protect every product?

No. Rights and registration are tied to the mark, identified goods or services, and applicable legal scope.

Can I get a filing-fee refund if refused?

USPTO filing fees are generally nonrefundable, even if registration is refused.

Do I need an attorney?

U.S.-domiciled applicants are not always required to have one, but trademark clearance and prosecution involve legal judgments. Foreign-domiciled applicants must use a qualified U.S. attorney.