Understanding the U.S. Trademark Registration Process

Registering a trademark in the United States can feel like a maze of forms, deadlines, and legal jargon. But at its core, the process is about one thing: protecting your brand nationwide. Here’s a straightforward guide to how it works.

Step 1: Trademark Search

Before filing, it’s crucial to confirm that your mark isn’t already in use or too similar to someone else’s. The U.S. Patent and Trademark Office (USPTO) keeps a public database (TESS) where you can search. A professional search goes further, looking at similar spellings, pronunciations, and industry overlaps that could cause problems.

Why this matters: If your mark is too close to an existing one, your application may be refused, or worse, you may face a legal challenge later.

Step 2: Choosing the Right Filing Basis

The USPTO requires you to state your basis for filing:

• Use in Commerce: You’re already selling goods or services with the mark.
• Intent to Use: You’re not using the mark yet, but you plan to.

Tip: An “intent to use” filing lets you reserve rights while you prepare to launch. You’ll need to show actual use before final registration.

Step 3: Preparing and Filing the Application

Your application will include:

• The mark itself (word, logo, or both).
• The goods and services it covers, organized into “classes.”
• A specimen (proof) showing how the mark is used in commerce, if already in use.
• Filing fees: generally $350 per class.

Once submitted, you’ll get a filing receipt and serial number.

Step 4: USPTO Examination

An examining attorney at the USPTO reviews your application. They check:

• Conflicts with existing marks.
• Compliance with USPTO rules.
• Proper classification of your goods/services.

If issues arise, the USPTO issues an Office Action, giving you a chance (usually six months) to respond. Many applications stall here without legal help.

Step 5: Publication for Opposition

If the examiner approves, your mark is published in the Official Gazette. This gives others 30 days to oppose the registration if they believe it infringes on their rights.

Step 6: Registration (or Notice of Allowance)

• If you filed under use in commerce and no opposition is filed, your mark is registered and you receive a certificate.
• If you filed under intent to use, you’ll receive a Notice of Allowance. You must then file a Statement of Use (with proof you’re using the mark) before registration is finalized.

Timeline Overview

• Filing to examination: ~3–4 months.
• Total process: ~9–12 months (longer if Office Actions or oppositions arise).

How Skala Can Help

On Skala, we guide clients through the entire trademark lifecycle — from clearance searches and filings to responding to USPTO office actions and enforcing rights against infringers. Whether you are a startup choosing your first brand name or an established company expanding internationally, our team ensures your brand remains secure. Check out the details here.