Trademark Registration Process: USPTO Filing Steps and Costs
Step-by-step guide to registering a trademark with the USPTO, including TEAS forms, required fees, the examination process, and common grounds for refusal.
Trademarks: The Identity of Commerce
The United States Patent and Trademark Office received 651,554 trademark applications in fiscal year 2023, reflecting the growing recognition that brand identity is among the most valuable assets a business can own. A registered trademark provides nationwide priority, a legal presumption of ownership, the right to use the ® symbol, and the ability to block infringing imports at the U.S. border through Customs and Border Protection. Unregistered marks carry common law rights only in the geographic area where they are actually used — a significant limitation in any national or digital business context.
A trademark is any word, name, symbol, design, sound, color, or combination thereof that identifies the source of goods or services and distinguishes them from those of others. The mark must be used in commerce (or intended to be used) in connection with specific goods or services to qualify for federal registration.
Before Filing: Clearance Search
Trademark registration begins before the application — with a comprehensive clearance search. A clearance search identifies potentially conflicting marks that could block registration or support an infringement claim. The search should cover:
- The USPTO's Trademark Electronic Search System (TESS) for registered and pending marks
- Common law sources: business name databases, domain registrations, social media handles, state trademark registries
- Phonetic equivalents and visual similarities, not just identical text
Professional trademark attorneys or search firms use comprehensive databases and apply the Dupont factors — the multi-factor test used by the USPTO to assess likelihood of confusion — to evaluate risk. Conducting only a TESS search without common law research is a common and costly mistake.
The TEAS Application: Filing Options and Costs
| Form | Fee Per Class | Requirements | Best For |
|---|---|---|---|
| TEAS Plus | $250 | Pre-approved ID description; no amendments to goods/services description | Simple applications with standard descriptions |
| TEAS Standard | $350 | Custom goods/services descriptions allowed | Unique products/services not in ID Manual |
| Madrid Protocol (international) | $100 + WIPO fees | Must have U.S. base application or registration | International registration in 130+ countries |
All federal trademark applications are filed through the Trademark Electronic Application System (TEAS) at USPTO.gov. Paper applications are no longer accepted. The filing fee is per class of goods or services — the Nice Classification system divides commerce into 45 classes (1–34 for goods, 35–45 for services). Filing in multiple classes multiplies the fee.
Bases for Filing
The application must specify one of two filing bases:
- Use in Commerce (Section 1(a)): The mark is already in use in interstate commerce. Requires a specimen — an actual example of the mark as used on products or in advertising. Filing date establishes priority.
- Intent to Use (ITU, Section 1(b)): The applicant has a bona fide intent to use the mark in commerce. Provides a priority filing date before use begins. After the USPTO approves the mark, the applicant must file a Statement of Use (or extension requests, up to 36 months) showing actual use before registration is granted.
The Examination Process
After filing, a USPTO examining attorney is assigned (typically within 3–5 months) and reviews the application for compliance with registration requirements. The examiner may issue an Office Action — a written refusal or requirement — to which the applicant has 3 months to respond (extendable to 6 months for a fee).
Common grounds for refusal:
- Likelihood of confusion: The applied-for mark is confusingly similar to an existing registration for related goods/services (the most common refusal basis).
- Merely descriptive: The mark directly describes a quality or characteristic of the goods/services. "Cold and Creamy" for ice cream would be refused; applicants can overcome this with proof of acquired distinctiveness.
- Generic terms: Terms that are the common name for the goods/services are unregistrable (e.g., "Computer" for computers).
- Primarily merely a surname: Marks that are primarily perceived as a last name require acquired distinctiveness evidence.
- Geographically descriptive: Terms that are primarily geographically descriptive may be refused.
Publication, Opposition, and Registration
| Stage | Description | Timeline |
|---|---|---|
| Approved for publication | Examiner approves mark; published in Official Gazette | After Office Action response approved |
| Opposition period | Third parties may oppose within 30 days of publication | 30 days (extendable) |
| Registration (1(a) basis) | Certificate of registration issued if no opposition | ~3–4 weeks after opposition period |
| Statement of Use (1(b)) | Applicant must demonstrate actual use and file SOU | Within 6 months of notice of allowance (extendable) |
Maintaining a Federal Registration
Registration is not permanent without affirmative maintenance filings. Between the 5th and 6th year after registration, owners must file a Section 8 Declaration of Use (or excusable non-use). Between the 9th and 10th year, owners must file combined Section 8 and Section 9 Renewal filings. Failure to file results in cancellation. Registrations can last indefinitely with proper maintenance and continued use.
This article is for informational purposes only and does not constitute legal advice.
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