How Do You Register a Trademark? A Step-by-Step Guide
Written by JLG - February 24, 2025
A trademark is a business asset that protects your brand name, logo, slogan, or design from being used by competitors. Registering a trademark with the United States Patent and Trademark Office (USPTO) grants you exclusive rights and legal protection across the country.
If you are wondering how to register a trademark, this guide will walk you through the process, explain common challenges, and provide tips to ensure your application is successful.
Step 1: Determine What You Want to Trademark
A trademark can protect various elements of your brand, including:
- Business Name – Protects the name of your company.
- Logo – Prevents others from using a similar design.
- Slogan – Protects a tagline associated with your business.
- Product Packaging or Design – Also known as trade dress.
Make sure the mark you want to register is unique and does not conflict with existing trademarks.
Step 2: Conduct a Trademark Search
Before applying, it is crucial to check whether your desired trademark is available. The USPTO’s Trademark Electronic Search System (TESS) allows you to search existing trademarks.
A comprehensive trademark search should include:
- Federal Trademarks – Existing registrations in the USPTO database.
- State Trademarks – Trademarks registered at the state level.
- Common Law Trademarks – Businesses using similar names without federal registration.
A trademark lawyer can conduct an in-depth search to identify potential conflicts and reduce the risk of rejection.
Step 3: Identify the Proper Trademark Class
When applying, you must classify your trademark based on the goods or services it represents. The USPTO uses 45 different trademark classes, and selecting the correct one is essential.
For example:
- Class 25 – Clothing, footwear, and headwear.
- Class 35 – Business consulting and advertising services.
- Class 9 – Software and mobile applications.
Choosing the wrong class can delay or jeopardize your registration.
Step 4: Prepare and File the Trademark Application
You can file a trademark application through the USPTO’s Trademark Electronic Application System (TEAS). The application requires:
- Applicant Information – Business or personal details.
- Trademark Representation – A clear image of the mark (if applicable).
- Description of Goods/Services – A detailed explanation of what the trademark will cover.
- Basis for Filing – Either “use in commerce” (if already in use) or “intent to use” (if planning to use it in the future).
Filing fees depend on the type of application and the number of classes selected.
Step 5: Respond to USPTO Office Actions
After submitting your application, a USPTO examining attorney reviews it. If there are issues, you will receive an Office Action, which may request additional information or highlight conflicts with existing trademarks.
Common reasons for rejection include:
- Likelihood of Confusion – Similarity to an existing trademark.
- Descriptive Marks – Generic or overly descriptive terms.
- Incorrect Classification – Wrong selection of goods or services.
A trademark lawyer can help respond effectively and improve your chances of approval.
Step 6: Publication in the Trademark Official Gazette
If there are no objections, your trademark is published in the Trademark Official Gazette for a 30-day period. During this time, third parties can file oppositions if they believe your trademark conflicts with theirs.
If no oppositions arise, your trademark moves to the next stage.
Step 7: Final Registration and Maintenance
- For “Use in Commerce” Applications – The USPTO issues a Certificate of Registration once approved.
- For “Intent to Use” Applications – You must file a Statement of Use before final approval.
To maintain your trademark, you must file periodic renewal documents:
- Between the 5th and 6th year – File a Declaration of Use (Section 8).
- Between the 9th and 10th year – File a Declaration of Use and Renewal (Sections 8 and 9).
Failure to file renewals can result in trademark cancellation.
How a Trademark Lawyer Can Help
The trademark registration process can be complex, and errors can lead to delays or rejection. A trademark lawyer can:
- Conduct a comprehensive trademark search to identify potential conflicts.
- Prepare and file a strong application to reduce the risk of rejection.
- Respond to USPTO Office Actions and handle oppositions.
- Assist with trademark enforcement if infringement occurs.
Working with an experienced attorney helps streamline the process and improves your chances of successful trademark registration.
Need Help Registering a Trademark? Contact Jafari Law Group
If you need guidance on how to register a trademark, Jafari Law Group is here to assist. We help businesses and entrepreneurs secure trademark protection and navigate legal challenges.