A practical, step-by-step guide to registering a trademark with the USPTO — from the clearance search to registration and renewal. Written by a New York–admitted trademark attorney. When you're ready, we can file it for you.
A U.S. trademark protects the name, logo or slogan you use to identify your goods or services. Federal registration with the U.S. Patent and Trademark Office (USPTO) gives you nationwide rights, the ® symbol, a public record of ownership and a much stronger position to stop copycats. Here is how the process works.
Before you invest in a brand, check whether it's actually available. In the U.S. this means searching three layers: the USPTO federal register, the trademark registers of all 50 states, and common-law (unregistered) uses, because rights can arise from use alone. A conflict discovered after you file usually means a refusal — and USPTO fees are not refundable. A proper search up front is the single best way to avoid wasted fees and disputes.
Decide what you're protecting: a word mark (the name in any font), a design/logo mark, or both. Then list the exact goods or services you offer — the application is only as strong as this description. Goods and services are grouped into international classes (the Nice classification), and each class carries its own government fee. Broad, vague descriptions get rejected; overly narrow ones leave gaps. This is where experience pays off.
You can file based on actual use in commerce or a bona fide intent to use the mark. Crucially, since 3 August 2019, any applicant whose domicile is outside the United States must be represented by a U.S.-licensed attorney (37 C.F.R. § 2.11(a)) — for the application and for any TTAB proceeding. Our attorney is admitted to the New York State Bar and files directly for you, so there's no need for a second lawyer.
The application is filed electronically and includes the mark, the owner, the goods/services and classes, and the filing basis. USPTO government fees start at about $350 per class under the current (2025) fee structure; surcharges can apply depending on how the goods/services are identified. We confirm the exact official fees and a fixed attorney fee before anything is filed.
A USPTO examining attorney reviews the application. If they raise a legal ground (for example, likelihood of confusion or descriptiveness) or a procedural issue, they issue an office action. You must respond, with argument and evidence, within the deadline — miss it and the application is abandoned. Many refusals can be overcome with the right response.
Once the mark passes examination, it's published in the Official Gazette. Third parties then have 30 days to oppose registration before the Trademark Trial and Appeal Board (TTAB). If your mark is opposed — or if you need to oppose someone else's — see our step-by-step guide to filing a TTAB opposition.
With no opposition (and, for intent-to-use marks, proof of actual use), the mark registers and you can use the ® symbol. A U.S. registration isn't "file and forget": you must file a declaration of continued use between years 5 and 6, and renew every 10 years. We track these deadlines so your protection never lapses.
Cost: from ~$350/class (USPTO) + attorney fee · Timeline: ~8–14 months · Foreign applicants: U.S. attorney required · Renewal: declaration in years 5–6, then every 10 years.
Filing without a search; describing goods/services too broadly or too vaguely; choosing a descriptive or generic name that can't be protected; picking the wrong classes; and missing office-action or maintenance deadlines. Each of these can cost the filing fee or the registration itself.
Tell us the mark and the goods or services. A New York–admitted attorney reviews every order before filing — you're not charged until scope and price are confirmed.