Applying for a Trademark in USA: Everything You Need to Know

When applying for a trademark in the USA for the first time, understanding the full process is essential for success. This comprehensive guide covers what to prepare, how to file, and how to avoid common pitfalls when getting a trademark in the USA.

For reference, keep our USPTO trademark filing checklist accessible throughout the process, or download your free printable checklist to track your progress.

Step 1: Conduct a Comprehensive Trademark Search

Before investing in a brand name or logo, conducting a thorough trademark search in the US is critical. The USPTO regularly refuses applications for marks that are confusingly similar to existing registrations covering related goods or services.

Search Strategy

Begin with a broad search, then narrow your focus. Your search should include:

• Exact matches and phonetic variations
• Visual similarities (for logos and designs)
• Common misspellings and alternative spellings
• Plural and singular forms
• Different spacing and punctuation

What to Search

• USPTO database: Primary source for registered and pending trademarks
• Design search codes: Essential when filing a logo to identify visual conflicts
• General web search: Reveals marketplace usage not yet registered
• Domain names and social media handles: Shows actual commercial use
• App stores and business directories: Identifies potential conflicts in your market

Evaluate from a Consumer Perspective

The USPTO evaluates similarity based on how consumers would perceive the marks. Similar pronunciation can create a conflict even when spelling differs.

Additionally, compare the goods and services carefully: similar names may coexist when offerings are unrelated, but this requires careful analysis of the identifications and classes.

Red Flags to Avoid

Certain types of marks face significant registration challenges:

• Descriptive or generic terms
• Primarily geographic designations
• Personal surnames without acquired distinctiveness
• National flags, seals, or governmental insignia

If your proposed mark contains these elements, consider strengthening the brand or adjusting your strategy before filing.

Step 2: Select the Appropriate Mark Format

Understanding how to get a trademark in the US begins with choosing the correct format for your application. The format you select determines what the registration will protect.

Available Formats

Standard Character (Word) Mark Protects the wording itself, regardless of font, style, size, or color. This format provides the broadest protection for the text.

Stylized/Special Form Mark Protects the text in a specific stylization or font presentation.

Design Mark Protects logos, graphics, or artwork without text.

Combined Mark Protects the integration of text and design elements as a unified mark.

Strategic Considerations

When deciding how to get a name trademarked in the US, consider your long-term branding strategy:

• If the name itself is your primary asset and visual styling may evolve, a standard character mark typically offers broader coverage
• If the logo contains distinctive visual elements that define your brand identity, a design or combined mark may be appropriate
• For stylized, design, or combined filings, prepare artwork that meets USPTO requirements for file format, size, clarity, and background specifications

Step 3: Identify Goods, Services, and Classes

Proper identification of goods and services is one of the most critical aspects when applying for a trademark in the US. Many applications encounter delays or refusals due to improper identifications.

Using the ID Manual

The USPTO maintains an Identification Manual of acceptable goods and services descriptions. Using pre-approved language when possible expedites examination and reduces the likelihood of objections.

Drafting Effective Identifications

Be Specific Instead of broad or vague terms, provide precise descriptions. For example, "Downloadable mobile applications for personal budget management" is preferable to "financial technology solutions."

Be Accurate List only the goods or services you currently offer or have a genuine intent to offer. You will need to provide evidence of use (specimens) that match these identifications.

Organize by Class Goods and services are organized into 45 international classes under the Nice Classification system. Each class incurs separate filing fees and undergoes independent examination.

Planning for Growth

If you anticipate expanding into additional product or service categories, consider filing separate applications later rather than including speculative offerings in your initial filing. This approach keeps costs manageable and ensures your specimens align with your identifications.

Step 4: Determine Your Filing Basis

You must declare whether you have already used the mark in U.S. commerce or intend to use it in the future.

Use in Commerce (Section 1(a))

Select this basis if you are currently selling goods or providing services in U.S. commerce under the mark. You must submit specimens demonstrating actual commercial use:

• For goods: Photographs of the mark on product labels, packaging, tags, or containers
• For services: Website pages, brochures, or advertisements showing the mark in connection with the service offering, including a clear means for customers to engage or purchase

Intent to Use (Section 1(b))

Select this basis if you have a bona fide intent to use the mark in commerce but have not yet begun using it. This option allows you to secure a priority filing date while you prepare for launch. You will prove use later by filing a Statement of Use.

Strategic Guidance

• If your launch is several months away, file under Intent to Use to establish priority and protect your brand name early
• If you are already conducting business, file under Use in Commerce and select the highest-quality specimens for each class
• Note that you have six months to respond to any Office Actions or requirements. Establish deadline tracking systems immediately upon filing

Step 5: Set Up Your USPTO Account

Applications must be filed through the USPTO's Trademark Electronic Application System (TEAS) via the Trademark Center. Before beginning your application, create an account and complete identity verification.

Required Information

Gather the following before starting your application:

• Government-issued identification for identity verification
• Complete owner information (individual or business entity)
• Attorney or correspondent details (if represented)
• Finalized goods and services descriptions for each class
• Mark representation (image file for stylized, design, or combined marks)
• Specimens of use (if filing under Use in Commerce basis)

Filing Preparation

Allocate 30 to 45 minutes of uninterrupted time to complete the application. This reduces the risk of timeouts and ensures consistency throughout the form. Review all information carefully before submission to ensure accuracy.

Step 6: Complete and Submit Your Application

Understanding how to get a trademark in the USA requires familiarity with the application structure. Here is the typical sequence you will encounter:

Application Components

Owner Information Provide the legal name, entity type, and address of the trademark owner. The owner should be the individual or business entity that controls the use of the mark in commerce.

Mark Details

• For word marks: Enter the text exactly as it should be protected
• For stylized, design, or combined marks: Upload the image file, provide a concise mark description (beginning with "The mark consists of..."), and claim color only if it is a distinctive feature

Goods, Services, and Classes Enter the identification of goods and services for each applicable class. Use acceptable language from the ID Manual whenever possible.

Filing Basis Indicate whether you are filing under Use in Commerce or Intent to Use.

Specimens For Use in Commerce applications, upload one specimen per class along with a brief description of how the mark appears in commerce.

Declaration and Signature The owner or an authorized officer must sign the declaration under penalty of perjury.

Fee Calculation Review the per-class fees and total application cost.

Final Review Before submission, verify:

• The correct owner entity is listed
• Identifications match the specimens (for Use basis)
• Image quality meets USPTO standards and the description is accurate
• The correspondence email address is monitored regularly for deadlines

Step 7: Post-Filing Process and Timeline

After submission, you will receive a serial number to track your application status. Understanding what happens next is an important part of how to apply for a trademark in the US.

Monitoring Your Application

Use the Trademark Status and Document Retrieval (TSDR) system to monitor your application. Enter your serial number to view examination updates, correspondence, and deadlines.

Examination Phase

An examining attorney reviews your application for legal and procedural compliance. This review typically occurs several months after filing.

Office Actions

If the examining attorney identifies issues, you will receive an Office Action detailing refusals or requirements. Common issues include:

• Vague or unacceptable identifications: Amend to specific, acceptable language from the ID Manual
• Insufficient specimens: For goods, provide clear images showing the mark on labels or packaging; for services, show the mark where services are advertised with a call to action
• Likelihood of confusion with prior registrations: Consider narrowing identifications, arguing marketplace distinctions, or pursuing alternative strategies

You have six months from the issue date to respond to an Office Action. Missing this deadline typically results in abandonment of the application.

Publication and Opposition

If the examining attorney approves your application, the mark is published in the Official Gazette for a 30-day opposition period. During this time, third parties may oppose registration if they believe it would harm their rights.

Registration or Notice of Allowance

• Use in Commerce applications: If no opposition is filed, the mark proceeds to registration
• Intent to Use applications: You receive a Notice of Allowance and must file a Statement of Use (or request extensions) to complete registration

Step 8: Common Mistakes and How to Avoid Them

Incorrect Owner Designation

Ensure the owner listed on the application is the legal entity that uses or will use the mark in commerce. For businesses, this is typically the operating company (such as an LLC or corporation), not an individual owner.

Descriptive or Generic Terms

While descriptive terms are effective for marketing, they are difficult or impossible to register. Strengthen your core brand with distinctive elements and reserve descriptive language for taglines or supplementary messaging.

Over-Broad Filings

Filing for more classes than necessary increases costs and requires proof of use in each class. Begin with a focused application covering your current or imminent commercial activities.

Ignoring Phonetic Similarities

The USPTO evaluates marks based on overall commercial impression, including sound. Similar pronunciation can create conflicts even when spelling differs significantly.

Missing Critical Deadlines

Failure to respond to Office Actions within six months or to file Statements of Use within required timeframes results in abandonment. Establish calendar reminders immediately upon receiving correspondence from the USPTO.

Step 9: Understanding Costs and Fees

Fees for getting a trademark in the USA are assessed per class and vary based on filing type and subsequent requirements. Because fee schedules change periodically, verify current rates on the USPTO website before filing.

Typical Cost Components

• USPTO filing fees (per class)
• Specimen preparation and documentation
• Post-filing requirements for Intent to Use applications (Statements of Use or extensions)

When evaluating how to get a trademark in the US on a limited budget, start with a single, well-defined class and plan for future expansion as your business grows.

Frequently Asked Questions

Is an attorney required to file a U.S. trademark?

U.S.-domiciled applicants may file without an attorney. However, foreign applicants must be represented by a U.S.-licensed attorney. Professional guidance can significantly reduce errors, delays, and the risk of abandonment.

When you file with iGERENT, we handle the attorney representation requirements for foreign applicants. If a Power of Attorney (POA) document is needed, you will receive a template with clear instructions on completion, along with guidance on notarization or legalization requirements when applicable.

What is the difference between federal and state trademarks?

Federal registration provides nationwide protection for the specified goods and services, enables customs enforcement against counterfeit imports, and creates a legal presumption of ownership. State trademarks provide protection only within that state and offer limited benefits for businesses operating across state lines or online.

Can I file if I am not yet using the mark?

Yes. File under Intent to Use to establish a priority date. You will submit evidence of use through a Statement of Use after you begin commercial activities.

How long does the trademark registration process take?

The timeline varies based on examination complexity, Office Actions, and potential oppositions. Plan for several months to over a year from filing to registration.

Can similar names coexist as trademarks?

In some cases, yes. If the goods or services are sufficiently different and the overall commercial impressions are distinct, similar marks may coexist. However, this determination depends on the specific identifications, marketplace context, and other factors. Careful analysis is required.

Need Expert Assistance with Your Trademark Application?

While this guide provides comprehensive information on how to apply for a trademark in the US, navigating the USPTO process can be complex. Our experienced team specializes in trademark registrations and can help ensure your application is filed correctly the first time.

Whether you need full-service support or strategic guidance on specific issues, we're here to help. Learn more about our US trademark filing service or contact us to discuss your trademark needs with an expert.