Guide · Updated October 18, 2026

How to register a trademark in the U.S.

Registering a trademark with the U.S. Patent and Trademark Office (USPTO) gives you nationwide rights to your brand name or logo and the right to use ®. Here’s the whole process in plain English: what to do, what it costs and how long it takes.

1. 1.Choose a mark that can be protected

   The strongest marks are made-up or unexpected words (think Kodak, or Apple for computers). Names that simply describe what you sell, like “Best Pizza” for a pizzeria, are usually refused. Surnames and place names can be hard too.

2. 2.Search for conflicts before you file

   The most common reason applications fail is a “likelihood of confusion” with an existing mark. Examiners compare how marks look, sound and what they mean, and whether the goods or services are related. An exact match isn’t required for a refusal.

   Search the USPTO’s records for identical and similar marks in related classes, then look for unregistered businesses using the name, since they can have rights too. Oh My Mark’s free knockout search does the USPTO part and scores each conflict for you.

3. 3.Pick your classes and describe your goods and services

   Trademarks are registered for specific goods and services, grouped into 45 classes. Clothing is Class 25, software is Class 9, restaurant services are Class 43. You pay for each class you choose.

   Using pre-approved wording from the USPTO’s ID Manual avoids a $200 per-class surcharge for free-form descriptions, and it speeds up examination.

4. 4.Choose your filing basis and gather a specimen

   If you’re already selling under the mark, you file “use in commerce” and include a specimen: a real photo or screenshot showing the mark on your product, packaging or website. A mockup or a digitally altered image will be refused.

   If you haven’t launched yet, you can file on an “intent to use” basis to reserve your place in line, then prove use later.

5. 5.File the application with the USPTO

   You file online from your own USPTO.gov account, which requires identity verification. The government fee is $350 per class. Every required field must be complete, or a $100 per-class surcharge applies.

   Applicants domiciled outside the U.S. must be represented by a U.S.-licensed attorney.

6. 6.Get through examination

   An examining attorney usually reviews the application 6 to 9 months after filing. If there’s a problem, you receive an office action and generally have three months to respond, extendable once by three more months for $125. Missing the deadline abandons the application.

   Some fixes are simple, like clarifying wording. Others, like arguing against a likelihood-of-confusion refusal, are legal arguments where an attorney is worth having.

7. 7.Publication and the opposition period

   Once approved, your mark is published in the Official Gazette. Anyone who believes they’d be harmed has 30 days to oppose it or ask for more time to do so.

8. 8.Registration, or a Statement of Use first

   Use-based applications register after publication. Intent-to-use applications receive a Notice of Allowance, then have six months to file a Statement of Use ($150 per class) or request an extension ($125 per class, up to five).

   Once registered you can use the ® symbol. Before that, ™ is fine.

9. 9.Keep it alive

   Registrations don’t last on their own. You must file a Section 8 declaration between the 5th and 6th year ($325 per class), then a combined Section 8 and 9 renewal every 10 years ($650 per class). Each has a 6-month grace period with a $100 per-class late fee for each section. Miss that and the registration is cancelled. Oh My Mark adds every one of these deadlines to your timeline automatically.

This guide is general information, not legal advice. Fees are from the USPTO fee schedule effective January 18, 2025 and can change; check uspto.gov before filing.