How to Register a Trademark in the United States
Reviewed by DocDraft Legal Team · United States · Last updated August 12, 2026
Trademark registration in the United States is federal, handled by the U.S. Patent and Trademark Office (USPTO) under the Lanham Act (15 U.S.C. §1051 et seq.). Since the fee schedule that took effect January 18, 2025, the base application fee is $350 per class of goods or services. Registration usually takes 12 to 18 months and gives nationwide priority, the right to use the ® symbol, and a legal presumption of ownership. Businesses can also register at the state level for local-only use, or rely on common-law rights that arise from use alone.
What does registering a trademark actually do?
A federal trademark registration with the USPTO gives you nationwide priority in your mark, a legal presumption that you own it, the right to use the ® symbol, the ability to sue for infringement in federal court, and a basis to register the mark abroad. You get some common-law rights just from using a mark, but those are limited to the geographic area where you actually operate.
How much does it cost to register a trademark in the United States?
The USPTO base application fee is $350 per class of goods or services, effective January 18, 2025. A single-class application filed with pre-approved descriptions from the Trademark ID Manual costs $350; using free-form custom descriptions adds a $200-per-class surcharge, and incomplete applications add $100 per class. If you file based on intent to use, you later pay a $150-per-class Statement of Use fee.
How long does trademark registration take?
Most applications take about 12 to 18 months from filing to registration. Because of the USPTO backlog, initial examination typically begins 8 or more months after you file. Add time if the examining attorney issues an Office Action or if a third party opposes the mark during the 30-day publication window.
Do I need a lawyer to register a trademark?
No, if you are a U.S. applicant you can file yourself through the USPTO Trademark Center. Foreign-domiciled applicants are required to use a U.S.-licensed attorney. Even domestic filers often use a lawyer for a clearance search and to respond to Office Actions, where a likelihood-of-confusion refusal can be hard to overcome without one.
Cost example: one brand name in two classes
Suppose you sell apparel under a brand name (International Class 25) and also run an online store selling it (Class 35). The USPTO base fee is $350 per class, so a two-class application is $700. If you select pre-approved descriptions from the Trademark ID Manual, you avoid the $200-per-class custom-text surcharge and the $100-per-class insufficiency surcharge, keeping the total at $700. If you file on an intent-to-use basis, you later pay a $150-per-class Statement of Use fee once you are selling, adding $300. Budget another few hundred dollars if you order a professional clearance search before filing.
Relevant Laws
Lanham Act (Trademark Act of 1946), 15 U.S.C. §1051 et seq.
The federal statute governing trademark registration, rights, infringement, and remedies, including the likelihood-of-confusion standard in §1052(d).
USPTO Trademark Center (official filing system)
The USPTO online portal for searching, filing, and maintaining trademark applications. Replaced the legacy TEAS system in 2025.
USPTO Trademark Fee Schedule (effective January 18, 2025)
The current fee schedule, including the $350-per-class base application fee and the surcharges for custom identifications and insufficient information.
Trademark Manual of Examining Procedure (TMEP)
The examining attorneys reference manual, used to understand how the USPTO evaluates applications, refusals, and specimens.
Regional Variances
Federal vs. state vs. common-law trademark protection
Federal (USPTO)
Nationwide priority, presumption of ownership, ® symbol, federal-court enforcement. $350 per class; lasts 10 years, renewable.
State (Secretary of State)
Protection within that state only. Cheaper and faster (often $10 to $90 per class) but no nationwide priority and cannot stop out-of-state use.
Common law (use alone)
Rights arise automatically from use, limited to your actual trading area. Free, but hardest to enforce and no ® symbol.
USPTO fees by filing action
Base application
$350 per class of goods or services
Custom identification surcharge
+$200 per class for free-form (non ID Manual) descriptions
Statement of Use (intent-to-use)
$150 per class
Section 8 maintenance (years 5-6)
$325 per class
Suggested Compliance Checklist
Run a clearance search
Before filing days after startingSearch the USPTO Trademark Search database plus common-law sources (business registries, domains, social media) for confusingly similar marks on related goods or services.
Identify goods/services and classes
Before filing days after startingList exactly what you sell and map it to the 45 international classes using the USPTO Trademark ID Manual. Class count drives your fee at $350 per class.
Choose your filing basis
Before filing days after startingUse in commerce (Section 1a) if already selling across state lines, or intent to use (Section 1b) if you plan to. Intent-to-use requires a later Statement of Use.
File the application via USPTO Trademark Center
When ready days after startingSubmit owner details, the mark, goods/services, basis, and a specimen if filing on use. Pay $350 per class to receive a serial number.
Respond to any Office Action
Within 3 months of the action days after startingAddress refusals such as likelihood of confusion or descriptiveness. A substantive refusal usually needs a supported legal argument.
Monitor the 30-day publication window
After examiner approval days after startingThe mark publishes in the Official Gazette for 30 days for third-party opposition. If unopposed, it proceeds to registration or Notice of Allowance.
Calendar maintenance deadlines
Years 5-6, then 9-10 days after startingFile the Section 8 declaration between years 5 and 6 and the combined Section 8 and 9 renewal between years 9 and 10, then every 10 years. Missing a deadline cancels the mark.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Run a clearance search | Search the USPTO Trademark Search database plus common-law sources (business registries, domains, social media) for confusingly similar marks on related goods or services. | - | Before filing |
| Identify goods/services and classes | List exactly what you sell and map it to the 45 international classes using the USPTO Trademark ID Manual. Class count drives your fee at $350 per class. | - | Before filing |
| Choose your filing basis | Use in commerce (Section 1a) if already selling across state lines, or intent to use (Section 1b) if you plan to. Intent-to-use requires a later Statement of Use. | - | Before filing |
| File the application via USPTO Trademark Center | Submit owner details, the mark, goods/services, basis, and a specimen if filing on use. Pay $350 per class to receive a serial number. | trademark-application | When ready |
| Respond to any Office Action | Address refusals such as likelihood of confusion or descriptiveness. A substantive refusal usually needs a supported legal argument. | - | Within 3 months of the action |
| Monitor the 30-day publication window | The mark publishes in the Official Gazette for 30 days for third-party opposition. If unopposed, it proceeds to registration or Notice of Allowance. | - | After examiner approval |
| Calendar maintenance deadlines | File the Section 8 declaration between years 5 and 6 and the combined Section 8 and 9 renewal between years 9 and 10, then every 10 years. Missing a deadline cancels the mark. | - | Years 5-6, then 9-10 |
Frequently Asked Questions
You can use TM (or SM for a service mark) on any mark you claim, registered or not, to signal common-law rights. The ® symbol may only be used after the USPTO has actually registered the mark. Using ® on an unregistered mark can be treated as improper and may bar you from certain remedies.
Federal registration with the USPTO gives nationwide protection and is the right choice for almost any business selling across state lines or online. State registration through a Secretary of State is cheaper and faster but only protects you within that state, so it mainly suits purely local businesses. Many owners rely on common-law rights from use until they are ready to file federally.
A registration lasts 10 years and can be renewed for additional 10-year terms indefinitely, as long as you keep using the mark and file the required maintenance documents. You must file a Section 8 declaration between years 5 and 6, then a combined Section 8 and 9 renewal between years 9 and 10 and every decade after.
An Office Action is a letter from the examining attorney raising a problem with your application. The most common substantive refusal is likelihood of confusion under Lanham Act §2(d), meaning your mark is too close to an existing registered mark on related goods. Refusals for merely descriptive or generic wording are also common. You typically have three months to respond.
Not if it would create a likelihood of confusion with their mark on related goods or services, since prior users generally have superior rights even without registration. This is why a clearance search matters. You may be able to register in a genuinely different class or field, but you cannot register a confusingly similar mark for overlapping goods.
Yes, U.S.-domiciled applicants may file directly through the USPTO Trademark Center. Foreign-domiciled applicants must be represented by a U.S.-licensed attorney. Many domestic filers still hire counsel for the clearance search and any Office Action response, where the legal standard is technical.
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