What Is a Trademark?

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services of one party from those of others. For example, the Nike “swoosh” logo and the word “Coca-Cola” are both trademarks.

Why Register a Trademark?

Registering your trademark provides several benefits:

• Exclusive Rights: Legal ownership of your brand name or logo.
• Nationwide Protection: Rights across all U.S. states.
• Public Notice: Alerts others that the mark is yours.
• Legal Presumptions: Assumes your ownership and validity of the mark.
• Ability to Enforce: Right to sue for infringement in federal court.
• Use of ® Symbol: Indicates a registered trademark.

2025 Step-by-Step Guide to Registering a Trademark

Usually, it takes about 7 steps to register your trademark with USPTO.

1- Determine Eligibility
2- Conduct Trademark Search
3- Identify the basis for filing
4- Prepare and file the application
5- USPTO Examination
6- Publication for Opposition
7- Registration

Now let’s get into the details of each step.

1. Determine Eligibility

Before applying, ensure your mark is eligible:

• Distinctiveness: Strong trademarks are unique and distinguishable.
  • Fanciful: Made-up words (e.g., “Kodak”).
  • Arbitrary: Common words used in an unrelated context (e.g., “Apple” for computers).
  • Suggestive: Implies qualities without describing them (e.g., “Netflix”).
• Avoid:
  • Descriptive marks without secondary meaning.
  • Generic terms (e.g., “Computer” for computers).

2. Conduct a Trademark Search

Search existing trademarks to avoid conflicts:

• USPTO Database: Check for similar registered trademarks.
• State Registrations: Some trademarks are registered at the state level.
• Common Law Trademarks: Unregistered trademarks used in commerce.

A comprehensive search helps prevent legal issues and application rejection.

3. Identify the Basis for Filing

Choose the appropriate filing basis:

• Use in Commerce (Section 1(a)): You’re already using the mark in business.
• Intent to Use (Section 1(b)): You plan to use the mark in the future.

If filing under “Intent to Use,” you’ll need to provide a “Statement of Use” later.

4. Prepare and File the Application

File your application through the USPTO’s Trademark Electronic Application System (TEAS):

• Applicant Information: Name and address.
• Representation: If you’re outside the U.S., a U.S.-licensed attorney is required.
• Mark Details: The word, phrase, or design you’re registering.
• Goods/Services: Description of products/services associated with the mark.
• Specimen: Example showing the mark in use (for “Use in Commerce” basis).
• Filing Fee: $350 per class of goods/services.

5. USPTO Examination

After submission:

• Review: A USPTO examining attorney reviews your application.
• Office Actions: If there are issues, you’ll receive an “Office Action” detailing concerns.
• Response: You have six months to respond to any Office Actions.

6. Publication for Opposition

If approved:

• Official Gazette: Your trademark is published for 30 days.
• Opposition: Third parties can oppose the registration during this period.

If no opposition is filed, or if opposition is resolved in your favor, the process continues.

7. Registration

• Use in Commerce: If already in use, you’ll receive a registration certificate.
• Intent to Use: You’ll need to submit a “Statement of Use” before registration.

Maintaining Your Trademark

To keep your trademark active:

• Between Years 5-6: File a “Declaration of Use” (Section 8).
• Between Years 9-10: File a “Renewal Application” (Section 9) and another “Declaration of Use.”
• Every 10 Years: Continue filing renewals to maintain registration.

Failure to file these documents can result in cancellation of your trademark.