How to Register a Trademark in the US: USPTO Guide

Most brand owners discover the value of a US trademark registration the day a marketplace rejects their complaint because "the trademark number provided does not match the goods listed." Amazon Brand Registry, Meta's Brand Rights Protection program, the TikTok IP Protection Center and Walmart's Brand Portal all lean heavily on a registration number. Without one, you are left with slower copyright routes and common law arguments that platform reviewers rarely accept.

This guide walks through the full USPTO process from clearance search to registration and maintenance, with the decisions that actually matter: which filing basis to pick, how to describe your goods, what an office action means, and how to avoid the mistakes that cost applicants a year and a second filing fee.

Before you file: do you need registration?

In the US, trademark rights arise from use, not registration. If you have sold under a name for two years, you already have common law rights in the areas where you sell. So why register?

• Nationwide priority from your filing date, rather than only in the areas you have reached.
• Legal presumptions of ownership and validity under Lanham Act § 7(b), which flip the burden onto the other side in a dispute.
• Platform access. Brand Registry and similar programs require a registered or pending mark.
• The ® symbol and the deterrent effect of appearing in the USPTO database when others run clearance searches.
• Customs recordation with US Customs and Border Protection to block counterfeit imports.
• Incontestability after five years of continuous use, which removes most grounds for cancellation.

If you sell online to US customers and plan to be around in three years, registration is almost always worth the cost.

Step 1: Choose what to register

You can register a standard character mark (the words only, in any font), a special form mark (a stylized logo), or both. Standard character registrations are usually more useful for enforcement because they cover the words regardless of how a copycat styles them. Logos change; names tend not to.

Register the mark you actually use. If your brand is "Northwind Outdoor" but you plan to drop "Outdoor" next year, register "Northwind" now, assuming it is available. Avoid filing a logo that includes descriptive words you will have to disclaim.

Also decide the goods and services. The USPTO uses the Nice Classification, 45 international classes. A skincare brand is in class 3; apparel in class 25; software as a service in class 42; online retail services in class 35. Fees are per class, so list only what you sell now or will sell within a few years. Over-claiming classes you never use invites a cancellation action for non-use later.

Step 2: Run a clearance search

The single most common reason applications fail is a prior registration that is confusingly similar. Before paying a fee, search:

• The USPTO's trademark search system for live applications and registrations, including spelling variants, phonetic equivalents and translations.
• State trademark databases and common law sources (Google, marketplaces, social handles, domain registrations) for unregistered users who could oppose or sue.
• Design codes if your mark is a logo.

The test the examiner applies is likelihood of confusion, discussed in detail in our guide to the likelihood of confusion test. Similar marks in related goods are the problem; identical marks in unrelated goods usually are not. If your search turns up a conflict, it is far cheaper to adjust the brand now than after you have built it.

Step 3: Pick a filing basis

US applications are filed under one of several bases:

• Section 1(a), use in commerce. You are already selling the goods under the mark in interstate commerce. You must provide a specimen, such as a product label, packaging, or a screenshot of a website showing the mark near a buy button, and the date of first use.
• Section 1(b), intent to use. You have a genuine intention to use the mark but have not started. You get a filing date and priority immediately, but you must file an Allegation of Use with a specimen before the registration issues, for an extra fee. Extensions are available in six-month increments for up to three years.
• Section 44(e)/(d), based on a foreign registration or application in your home country.
• Section 66(a), an extension of an international registration under the Madrid Protocol.

Most US e-commerce sellers file under 1(a). Founders pre-launch file under 1(b) to lock in the date.

Step 4: File the application

Applications are filed electronically through the USPTO's trademark filing system. You will need:

• Applicant's legal name, entity type and address (the owner of the mark, which is usually the company, not the founder personally)
• A clear representation of the mark
• The goods and services, by class, described in acceptable terms (the USPTO's ID Manual lists pre-approved descriptions, which speeds examination)
• Filing basis and, for use-based applications, dates of first use and a specimen
• A signed declaration
• The filing fee, which is charged per class. The USPTO revised its fee structure in early 2025 to a single base application fee per class with surcharges for things like custom goods descriptions and incomplete applications; check the current schedule before filing.

Foreign-domiciled applicants must be represented by a US-licensed attorney. All applicants must provide an email address, and the USPTO will send correspondence there. Watch out for the wave of misleading "renewal" and "monitoring" invoices that follow a public filing; the USPTO itself does not send bills.

Step 5: Examination and office actions

Several months after filing, an examining attorney reviews the application. Common outcomes:

• Approved for publication with no issues.
• Non-final office action raising one or more refusals or requirements. You have three months to respond (extendable once for a fee). Common grounds:
  • Likelihood of confusion with a prior mark under Lanham Act § 2(d)
  • Merely descriptive under § 2(e)(1), meaning the mark describes a quality or feature of the goods
  • Specimen refusal, where the sample does not show the mark used as a trademark for the listed goods
  • Disclaimer requirement for descriptive words inside the mark
  • Identification of goods needing clarification
• Final office action if your response does not resolve the issue. You can file a request for reconsideration or appeal to the Trademark Trial and Appeal Board (TTAB).

A descriptiveness refusal can sometimes be overcome by showing acquired distinctiveness under § 2(f) (typically five years of substantially exclusive use or evidence of consumer recognition), or by amending to the Supplemental Register.

Step 6: Publication and opposition

Once approved, the mark is published in the Official Gazette. Anyone who believes they would be harmed by the registration has 30 days to oppose or request an extension. Oppositions are heard by the TTAB and work like a streamlined litigation; see trademark opposition and cancellation proceedings for the mechanics. Most applications pass through publication without opposition.

Step 7: Registration and the Notice of Allowance

For use-based applications, the registration certificate issues a few months after the opposition period closes. For intent-to-use applications, the USPTO issues a Notice of Allowance, after which you have six months to file a Statement of Use with a specimen, or request an extension.

Once registered you may use the ® symbol. Using ® before registration is improper and can undermine later enforcement.

Step 8: Maintain the registration

Registrations do not last automatically.

• Between years 5 and 6 after registration you must file a Section 8 Declaration of Continued Use with a current specimen, or the registration is cancelled. Many owners file a Section 15 Declaration of Incontestability at the same time.
• Between years 9 and 10, and every ten years after, you must file a combined Section 8 and Section 9 renewal.
• Keep the owner name and address current, and record any assignment if the brand is sold or restructured.

The USPTO audits a percentage of maintenance filings and may require proof of use for additional goods. Deleting goods you no longer sell is better than being caught claiming them.

A worked example

A Texas couple launch a line of insulated water bottles under the name "Tundra Trail." Before filing, their search finds a registered "TUNDRA" mark for coolers in class 21, the same class as drinkware. Coolers and water bottles are related goods sold to the same outdoor customers, so a likelihood of confusion refusal is probable.

They have two options: argue the marks differ enough because of "Trail" (a weak argument given that "Tundra" is the dominant element), or rebrand before launch. They choose "Trailstone," search again, find nothing close, and file a 1(b) intent-to-use application in class 21 for insulated bottles and class 35 for online retail of outdoor gear. Four months later they get a specimen requirement because the website screenshot submitted with their Statement of Use did not show pricing or an add-to-cart option. They resubmit a product page with a buy button. The mark registers fourteen months after filing, and they enroll in Amazon Brand Registry the same week.

Common mistakes to avoid

• Filing in the founder's personal name when the company owns and uses the mark, which creates ownership defects that can void the registration.
• Submitting a mock-up or a bare logo file as a specimen instead of the mark in real use on goods or a point-of-sale page.
• Listing goods you do not sell, exposing the registration to partial cancellation for fraud or non-use.
• Ignoring office action deadlines. An abandoned application can be revived only within a short window and for a fee.
• Assuming registration means your mark is now safe from challenge. Third parties can petition to cancel for up to five years on most grounds, and at any time for abandonment or genericness.

Registration is where enforcement starts, not where it ends

A registration is a tool. Clone stores, counterfeit listings and copycat ads do not disappear because you have a certificate. What changes is that platforms now accept your complaints on the first try, marketplace programs let you file faster, and a cease-and-desist letter carries a registration number that makes recipients take it seriously. If you want someone to use that tool for you, our trademark enforcement services handle complaints across marketplaces, social media and hosts, and you pay only for successful removals.

For protection beyond the US, see trademark registration in the UK and EU and filing internationally under the Madrid Protocol.

What to do next

Run a clearance search on your current brand name this week, decide whether you are filing use-based or intent-to-use, and get the application in. If you already have a registration and infringers are not being removed, send the registration number and the infringing links for a free case review and we will tell you which complaints will work and where.