A federal trademark registration protects your brand name, logo, or slogan across the entire United States. Here's how the process works.
Before filing, search the USPTO's Trademark Electronic Search System (TESS) to check if similar marks already exist. Also search state trademark databases, business name registrations, and domain names. This step helps avoid costly refusals and potential infringement disputes.
Use in commerce (Section 1(a)): If you're already using the mark in interstate commerce.
Intent to use (Section 1(b)): If you plan to use the mark but haven't started yet. You'll need to file a Statement of Use before registration is complete.
File through the Trademark Electronic Application System (TEAS). The standard filing fee is $250-$350 per class of goods/services. Your application must include a clear description of the mark, the goods or services it covers, and a specimen showing the mark in use (or a bona fide intent to use).
A USPTO examining attorney reviews your application (typically 3-4 months after filing). They may issue an Office Action requesting clarification or raising objections. You have 3 months to respond.
If approved, your mark is published in the Official Gazette for 30 days to allow opposition. If no one opposes, your mark proceeds to registration (use-based) or you receive a Notice of Allowance (intent-to-use).
File a Declaration of Use between years 5-6. File for renewal every 10 years. Failure to maintain can result in cancellation.