A good name.
Worth protecting.
First noticed.
Then remembered.
How do you choose a name, search, and file?
What needs attention once it is registered?
Get to know U.S. trademarks, one step at a time.
A claim to a trademark
Used for goods. You do not need to file an application or obtain federal registration to use it.
A claim to a service mark
Used for services. It does not mean the mark is federally registered.
A federally registered mark
Use only after U.S. federal registration, and only for the goods or services covered by that registration.
All 14 chapters
Read from the beginning, or turn to the question on your mind.
Start hereCh. 01
Before you fileCh. 02–04
- 02Choose a name people can recognizeA strong name does more than sound good. It helps people connect a product or service with a particular source. That quality is called distinctiveness.
- 03Look beyond an exact name matchFinding no identical name is only the beginning. The real question is whether consumers might think two brands come from the same source—or are connected.
- 04What goods or services are you protecting?Classes organize the register. The description of goods and services explains what your application actually covers. Describe the business first, then find the appropriate classes.
Preparing to applyCh. 05–08
- 05Already using it—or planning to?Using a mark in commerce and genuinely preparing to use it call for different evidence and different steps after filing.
- 06Show how the mark is really usedA polished design can show what a trademark looks like. It usually cannot prove that the mark is already being used in commerce.
- 07What happens after you file?A serial number is the beginning. Examination, publication, and registration each have their own requirements. Know which notices need a response—and by when.
- 08What will filing and maintenance cost?The first filing fee may not be the last. Later use filings, extensions, and maintenance can add to the cost. The number of classes and filing basis also matter.
After registrationCh. 09–12
- 09Keep your registration in good orderA trademark can last, but a certificate does not make registration permanent. Continued use, timely maintenance filings, and accurate records all matter.
- 10When the business changes, update the recordA founder may create a brand, a company may operate it, and another business may license or buy it. The paperwork should keep pace with who owns the rights.
- 11Understand the dispute before respondingAn opposition, an attorney’s letter, and a platform notice are different things. First establish who sent it, which rights it concerns, and what you are being asked to do by when.
- 12Protect the brand where you do businessSales can cross borders. Trademark protection must be considered market by market. A U.S. registration is not a worldwide right.
Next steps and sourcesCh. 13–14
What does a trademark protect?
A name or a symbol helps people recognize a shop, a product, or a service. Trademark law protects that ability to tell one source from another.
A claim to a trademark
Used for goods. You do not need to file an application or obtain federal registration to use it.
A claim to a service mark
Used for services. It does not mean the mark is federally registered.
A federally registered mark
Use only after U.S. federal registration, and only for the goods or services covered by that registration.
These symbols mean different things. Filing an application, receiving a filing receipt, or getting a serial number does not entitle you to use ®.[01]
Protection for a brand—not ownership of a word in every context
Words, phrases, designs, symbols, and combinations of these can function as trademarks. They help consumers recognize where goods or services come from. Trademark rights depend on the particular goods or services and how the mark is used; they do not mean that a word belongs to one person for every purpose.[01]
One business can involve several different rights and registrations
Business names
A business name identifies a company or other organization. Acceptance of a name in a state business filing does not clear it for trademark use.
Trademarks
A trademark identifies the commercial source of goods or services. What matters is how people encounter the mark and what they understand it to mean.
Copyright
Copyright may protect original artwork, advertising copy, photographs, and other creative expression. It addresses a different question from trademark law.
Patents and domain names
Patents can protect qualifying inventions or designs. A domain name is an internet address. Buying one does not complete a trademark search or secure a registration.
Rights can exist without registration
U.S. trademark protection is closely connected to use. Actual use may establish rights with a limited scope; federal registration offers additional legal benefits with nationwide significance. A search should therefore consider earlier users, not just registration certificates. Geographic reach and priority depend on the facts of each party’s use.[01][04]
Choose a name people can recognize
A strong name does more than sound good. It helps people connect a product or service with a particular source. That quality is called distinctiveness.
Fanciful
An invented word with no existing meaning.
Arbitrary
A familiar word used for goods unrelated to its ordinary meaning.
Suggestive
A name that takes some imagination to connect with the goods.
Descriptive
A term that directly describes a quality, purpose, ingredient, or feature.
Generic
The name people use for the type of goods or services itself.
Fanciful, arbitrary, and suggestive marks are generally inherently distinctive. A merely descriptive mark generally needs acquired distinctiveness to qualify for the Principal Register. A generic term cannot receive trademark protection for the goods or services it names. Context matters: the same word can fall into a different category when used for different goods.[03]
Does the name describe the product, or distinguish the brand?
“Insulated cup” names a product. “Long-lasting warmth” describes a feature. A name unrelated to insulation may be more readily understood as a brand. This is a way to understand the distinction, not a conclusion that a particular name is registrable.
A different font, a border, or an added word such as “company” will not automatically resolve descriptiveness or a conflict with another mark. Looking different is not always enough to keep consumers from confusing two brands.
[03][05]Decide what you want the application to protect
Standard characters
A standard-character claim covers permitted characters without claiming a particular font, size, or color. It is not limited to the typography you happen to use today.
Special form
A special-form drawing covers a mark with a particular design, stylization, or layout. The drawing, description, and any color claim must be consistent.
A name alone and a complete logo containing that name are not necessarily the same application. You cannot freely change a filed drawing into a materially different mark. Chinese characters and other characters outside the USPTO’s standard character set cannot be filed as a standard-character mark.[10][11]
Look beyond an exact name match
Finding no identical name is only the beginning. The real question is whether consumers might think two brands come from the same source—or are connected.
Marks do not have to be identical to create a likelihood of confusion. Sound, appearance, meaning, and overall commercial impression all matter, as does the relationship between the goods or services. Different classes do not automatically eliminate a conflict, and sharing a class does not make every name a conflict.[05][07]
Start with the business you actually run
Describe what you sell, whom you serve, and how you reach customers. Build the search around that business, rather than around a favorite word alone.
Try other spellings and ways of saying it
Look for similar spellings, sounds, word combinations, and meanings. For a logo, consider the main design elements as well as the words.
Open the record, not just the result
Review the applicant or owner, filing basis, goods and services, dates, and examination documents. A “live” or “dead” label alone does not tell the whole story.
Look at who is using the name in the market
The federal database is only part of a clearance search. State records, business websites, trade channels, and actual marketplace use can reveal other relevant rights.
A dead record does not make a name free to use
An abandoned application or canceled registration may belong to a business that is still trading and still holds rights based on use. Do not treat the record’s status as permission to adopt its name.
No search result is not a registration guarantee
Database coverage, search terms, design elements, and earlier use all affect what you find. Examination comes after filing. A search cannot replace it or promise that a dispute will never arise.
What goods or services are you protecting?
Classes organize the register. The description of goods and services explains what your application actually covers. Describe the business first, then find the appropriate classes.
Classes of goods
and services
Classes 1–34: goods
Classes 35–45: services
The Nice Classification provides a shared framework for trademark applications. U.S. applications use classes to organize records, calculate fees, and assist searching. A class number is not, by itself, a complete statement of protection.[08][09]
A coffee business may involve more than one kind of protection
Selling branded coffee beans
Coffee goods generally fall in Class 30. Focus on the goods being sold, not the shop’s décor or a business industry code.
Running a café
Services providing food and drink generally fall in Class 43. Branding on a product and branding for café services may involve different uses.
Providing retail services
Retail services may fall in Class 35. Selling your own goods does not mean you should automatically add retail services. The description must reflect what you actually provide.
Be accurate about what you include
Do not fill an application with goods or services simply because you might offer them someday. A use-based filing must reflect actual qualifying use. An intent-to-use filing requires a genuine, good-faith intention to use the mark.[13][14]
Suitable wording from the USPTO’s Trademark ID Manual can help avoid identification problems. Custom wording is not prohibited, but it can lead to additional fees and examination questions. You generally cannot broaden the identification after filing. An overly broad or inaccurate description can create expense later.[08][18][35]
A class is an organizing tool
Class 25 helps you find clothing and related goods, but you still need to read the specific goods listed in the application.
Confusion can cross class boundaries
Clothing and clothing retail services may be related. Searching only your chosen class can miss important records.
Already using it—or planning to?
Using a mark in commerce and genuinely preparing to use it call for different evidence and different steps after filing.
Section 1(a)
Based on qualifying use in commerce. You provide use dates and genuine specimens supporting the goods or services claimed.
Section 1(b)
Based on a bona fide intention to use the mark. You can file first, but must submit the required allegation of use and evidence before registration.
An intent-to-use application is not an indefinite reservation
After a Notice of Allowance, an intent-to-use applicant generally has six months to file a Statement of Use or a timely, qualifying extension request. Up to five consecutive six-month extensions are available. If all are granted, the maximum is 36 months from the Notice of Allowance. Extensions require filings and fees; they are not automatic.[14]
The application has passed the relevant publication stage. This is not a registration certificate.
File a Statement of Use or a timely first extension request.
The initial six months plus five qualifying extensions.
A foreign application or registration may support other filing bases
Foreign priority · Section 44(d)
A qualifying earlier foreign application may support a priority claim in a U.S. application filed within six months. A priority claim alone does not satisfy every requirement for registration.
Foreign registration · Section 44(e)
A qualifying registration from the applicant’s country of origin may provide a basis. Requirements still apply to the mark, applicant, and goods or services. A foreign certificate is not a U.S. registration.
Madrid System · Section 66(a)
An international registration can designate the United States. Fees, response periods, and maintenance requirements differ in important ways from applications filed directly with the USPTO.
Show how the mark is really used
A polished design can show what a trademark looks like. It usually cannot prove that the mark is already being used in commerce.
The mark, connected
to real goods or services
Labels, packaging, or a sales page
A direct link to the services offered
A webpage URL and access date
A drawing shows the mark. A specimen shows its use.
The drawing shows the mark you want to register. A specimen shows how consumers encounter it when buying goods or receiving services. Labels, tags, or packaging may work for goods. Advertising or website material may work for services, but must show a direct association between the mark and those services.[11][12]
Webpage specimens must include the URL and the date accessed or printed. For goods, a name and a product image without sufficient sales or ordering information may not qualify as a point-of-sale display. Acceptability also depends on the goods or services, filing basis, and relevant dates.[12]
What to keep
Photographs of real packaging and labels, complete webpage records, service materials, and information identifying the business and dates. Save originals so you can explain the use during examination or maintenance.
What cannot replace actual use
Proposed packaging mockups, photographs with a logo digitally added, unfinished website drafts, and fabricated specimens made for an application without corresponding commercial use.
The owner’s details matter, too
The application must accurately identify the owner’s legal name, entity type, domicile, and other required details. Decide before filing whether the mark belongs to a person or a company. The operator, designer, and person submitting the application are not necessarily the owner.[35]
An application creates a public record. Required information must be accurate, but avoid adding unnecessary sensitive information to attachments. A correspondence address and a domicile address serve different purposes. If privacy is a concern, understand the relevant form fields and disclosure rules.[32]
What happens after you file?
A serial number is the beginning. Examination, publication, and registration each have their own requirements. Know which notices need a response—and by when.
Save the receipt and check the details
Confirm the mark, owner, and goods or services. A receipt or serial number does not mean the USPTO has cleared the application of conflicts.
An examining attorney reviews the application
Examination considers conflicts, distinctiveness, filing materials, and other legal requirements. Silence is not a reason to stop monitoring the record. An Office action is not necessarily the end of the application.
Answer each issue in an Office action
Some issues call for corrections or explanations; others involve substantive refusals. Identify what is being asked, how to respond, and the deadline. Simply stating “we disagree” is not enough.
The mark is published
After approval for publication on the Principal Register, a party who believes it would be harmed generally has 30 days to oppose or request more time to oppose.
The next step depends on the filing basis
A qualifying use-based application may proceed to registration. An intent-to-use application involves a Notice of Allowance and a subsequent Statement of Use. Not every application follows exactly the same sequence.
Most Office actions for Section 1 or 44 applications
A response is generally due within three months. One paid three-month extension may be requested under the rules. Not every notice follows this timetable.
Office actions for Section 66(a) applications
The response period is generally six months. The three-month extension procedure above does not apply. Read the actual notice for its requirements and deadline.
When a status changes, read the documents
Pending / under examination
The application is still in progress. It may be awaiting examination, a response, a correction, or another development.
Approved for publication / Notice of Allowance
Publication is one stage. A Notice of Allowance in an intent-to-use application may still require use evidence. Neither means registration is complete.
Registered / canceled / abandoned
These describe the application or registration record. Actual rights also depend on use, the underlying documents, and applicable law.
What will filing and maintenance cost?
The first filing fee may not be the last. Later use filings, extensions, and maintenance can add to the cost. The number of classes and filing basis also matter.
Base application fee · per class
Fees are charged by class.
Other costs may follow.
These are common government fees for electronic filings. They exclude attorney, search, translation, dispute, and other professional fees. Checked September 24, 2026.
| Filing or issue | Amount | When it applies |
|---|---|---|
| Base application | $350 / class | Section 1 or 44 applications. Additional fees may apply. |
| Insufficient required information | $100 / class | Applies when the specified surcharge conditions are met, not to every correction. |
| Free-form goods or services descriptions | $200 / class | Using free-form text instead of the ID Manual in a Section 1 or 44 application. |
| Free-form text beyond the first 1,000 characters | $200 per additional 1,000-character group, per affected class | Calculated under the USPTO’s counting rules. May apply alongside other surcharges. |
| Statement of Use or Amendment to Allege Use | $150 / class | A use filing for an intent-to-use application after qualifying use begins. |
| Six-month Statement of Use extension | $125 / class / request | Requires a timely, qualifying request. Not automatic. |
| Section 8 declaration | $325 / class | Registration maintenance. Grace-period and other fees are additional. |
| Section 9 renewal | $325 / class | Usually filed with a Section 8 declaration: $650 per class combined. |
| Section 15 declaration | $250 / class | An optional declaration of incontestability for eligible marks. Does not replace required maintenance. |
Estimate these filing fees
Choose the number of classes and filing basis to see how common charges add up.
Base application fee: $350 × 1 class
Includes the selected base and free-form fees, plus one later use filing for an intent-to-use application. Excludes extensions, excess characters, insufficient information, maintenance, and professional fees. Not a quote and not for Madrid System filings.Example: two classes, intent to use, no other surcharges
The base filing fee is $350 × 2 = $700. One later use filing is $150 × 2 = $300, giving a combined $1,000. One six-month extension for both classes would add $250. This totals only those items—not every cost of obtaining a registration.[17][19]
Keep your registration in good order
A trademark can last, but a certificate does not make registration permanent. Continued use, timely maintenance filings, and accurate records all matter.
File a use declaration
Generally a Section 8 declaration of use or excusable nonuse, with the required specimens and fees.
Declare use and renew
Generally a Section 8 declaration together with a Section 9 renewal application.
Continue maintaining it
For example, between years 19 and 20. Do not rely solely on reminder emails.
This timetable applies to U.S. registrations obtained outside the Madrid System. Count from the registration date, not the application date. A six-month paid grace period is generally available for these filings, but it is not the regular filing window. Missing the applicable deadline can result in cancellation or expiration.[20][22]
Section 15 is optional
Eligible owners may file a declaration of incontestability after meeting continuous-use and other requirements. It does not replace Section 8, or make the mark immune to every possible challenge.
Madrid registrations require separate filings
U.S. extensions of protection involve Section 71 use declarations. International registration renewal is handled through WIPO. Completing one does not automatically complete the other.
Keep evidence as you go
Save proof of real use
Retain labels, packaging, webpages, and service materials over time. Having many classes does not mean every listed item can remain at maintenance.
Review items no longer in use
Maintenance declarations must reflect actual use. Address discontinued goods or services truthfully rather than retaining them simply to make the registration look broader.
Update owner and contact details
Check the record after a name change, assignment, or address change. Make sure official notices reach the responsible person. Record deadlines clearly enough for someone else to take over.
When the business changes, update the record
A founder may create a brand, a company may operate it, and another business may license or buy it. The paperwork should keep pace with who owns the rights.
A name change is not an assignment
A company changing its name is different from transferring a trademark to another person or company. The USPTO provides procedures to record assignments and name changes, but recordation does not replace review of the agreement, signing authority, or legal effect of the transaction. Check that application and registration records are correctly updated afterward.[27]
Trademark assignments generally involve the associated goodwill. Intent-to-use applications face additional transfer restrictions before the required allegation of use has been filed. Treating an application as simply a serial number for sale can miss important legal requirements.[28]
Keep a file for each mark
- Application or registration numbers and the recorded owner.
- The versions used and the goods or services covered.
- Official correspondence and key deadlines.
- Assignment, name-change, and license documents.
Before someone else uses your mark
Agree on who may use it, how, where, for how long, and under what quality requirements. Decide who checks use, handles complaints, and ensures use stops when the arrangement ends.
The agreement and oversight should suit the transaction and applicable law.
The Principal and Supplemental Registers differ
Some marks that do not yet qualify for the Principal Register may be eligible for the Supplemental Register if they are capable of distinguishing a source. The Supplemental Register does not offer all the benefits of the Principal Register and is not a solution to every refusal. Section 66(a) applications cannot be amended to it.[33]
Understand the dispute before responding
An opposition, an attorney’s letter, and a platform notice are different things. First establish who sent it, which rights it concerns, and what you are being asked to do by when.
Oppositions, cancellations, and appeals
The Trademark Trial and Appeal Board handles registration disputes and examination appeals. Its work concerns whether a mark may be registered or a registration should remain in place.
Infringement
Trademark infringement concerns unauthorized use that is likely to cause consumer confusion, including about source. The claims a court can decide differ from registration examination.
Complaints and account action
Marketplaces and other platforms have their own procedures. Their decisions are not final rulings on every legal right. Distinguish platform policy from trademark law.
The Board cannot award infringement damages and does not decide trademark infringement. Nor does registration mean the USPTO will monitor the market for an owner or automatically stop someone else’s use.[15][30]
Start by organizing the records
Keep the original notice
Save the full email, attachments, envelope, or platform message. Verify the sender and proceeding number, not just the heading in a screenshot.
Check the rights being asserted
Identify the mark, owner, goods or services, dates, and status. A similar name does not automatically establish infringement; a lack of federal registration does not prove an absence of rights.
Document your own use
Preserve first-use information, sales channels, packaging, webpages, trading areas, and correspondence. Do not casually delete material before understanding its relevance.
Identify the actual response deadline
An official deadline may differ from the date demanded in a letter. Seek professional review promptly if formal proceedings or substantial business risks are involved.
Famous marks can raise another issue: dilution
When the legal requirements are met, a famous mark may support a dilution claim involving blurring or tarnishment. This differs from the usual confusion analysis. Selling unrelated products is therefore not a complete answer in every situation.[29]
Protect the brand where you do business
Sales can cross borders. Trademark protection must be considered market by market. A U.S. registration is not a worldwide right.
One brand.
Many markets.
A shared filing system.
Separate local examinations.
The Madrid System simplifies international filing and management
Eligible applicants can use a home application or registration as the basis for seeking protection in Madrid System members through their Office of origin. WIPO administers the international registration. Each designated country or region still applies its own law when deciding whether to grant protection. An international registration is not automatic approval in every designated market.[25]
For the first five years, the international registration depends on the basic mark. Loss of the basic application or registration during that period can affect the corresponding international protection. When planning overseas filings, consider the stability of that basic mark as well as the markets you want to enter.[26]
Direct applications
Apply separately in the countries or regions where you want protection, following local filing and examination rules. Suitability depends on your markets, existing filings, timing, and professional costs.
The Madrid System
Eligible applicants can centralize filing and some administration. They may still need to answer local objections, appoint local representatives, and meet local use or maintenance requirements.
Important for owners based outside the United States
The USPTO requires foreign-domiciled applicants and registrants to be represented by a U.S.-licensed attorney in U.S. trademark matters. Domicile—not nationality alone, or merely forming a U.S. company—is the relevant test. For a business, it generally concerns the principal place from which senior executives direct and control its activities. A registered agent’s address is not an automatic way around the attorney requirement.[23][24]
Make the international plan specific
Where will you sell?
Distinguish current markets, near-term expansion, and tentative ideas. Check potential local conflicts.
Who will own the mark?
Decide whether the owner is an individual, an operating company, or another entity. Keep the basic filing, international application, and actual arrangements consistent.
Which goods and services?
Do not assume that a U.S. identification will be accepted unchanged in every market without examination.
Who will follow up?
Keep contacts, deadlines, and fees for each proceeding. Manage international renewal separately from U.S. use declarations.
What can you do next?
You do not need to memorize every term. Start with the stage you are at and the questions that need attention now.
Make a shortlist, then search carefully
Describe the business, consider distinctiveness, and look for similar marks and earlier users. Check potential conflicts before committing heavily to packaging, domains, and advertising.
Read about searchingSix common misunderstandings
“The company is formed, so the name is safe.”
Business registration and trademark rights are separate. Consider the mark, goods or services, and earlier rights.
“One different letter means it is not similar.”
Sound, meaning, appearance, and overall impression can still connect the marks.
“I have a serial number, so it is registered.”
A serial number identifies an application. Registration requires examination and the other applicable steps.
“More classes mean unlimited protection.”
The goods or services must reflect actual use or a genuine intent to use. Adding classes does not create unlimited rights.
“The invoice has my number, so it must be official.”
Numbers and names can come from public records. Having your details does not make a sender legitimate.
“Once registered, it takes care of itself.”
Someone must keep track of continued use and timely maintenance filings.
Verify first. Pay second.
Do not give passwords or payment details to an unfamiliar caller or sender. Compare the request with documents in the official record, actual fees, and deadlines. A sender name, caller ID, or application number is not enough to establish authenticity.
[31]A few useful terms
Serial number
The number identifying an application. It is different from a registration number.
Owner
The person or entity recorded as owning the application or registration. Check names, entity details, and any change documents.
Specimen
Evidence of actual use in commerce, not simply a design of the mark.
Notice of Allowance
A notice in an intent-to-use application. A Statement of Use or a timely extension request will generally still be needed.
Use filing
A filing asserting qualifying use at the relevant application or maintenance stage, with the evidence required for that filing.
Principal / Supplemental Register
Two federal registration arrangements with different eligibility requirements and legal benefits.
Sources and further reading
Go deeper with the materials behind this guide.
This guide draws primarily on public materials from the United States Patent and Trademark Office and the World Intellectual Property Organization. Numbered citations in the text lead to the sources below. Fees and deadlines are explained with their applicable conditions.
Information checked September 24, 2026. Rules can change. For a particular matter, review the official documents and current requirements.
- 01What is a trademark?
United States Patent and Trademark Office
- 02Trademarks, patents, and copyright
United States Patent and Trademark Office
- 03Strong trademarks
United States Patent and Trademark Office
- 04Benefits of federal registration
United States Patent and Trademark Office
- 05Likelihood of confusion
United States Patent and Trademark Office
- 06Comprehensive clearance searches
United States Patent and Trademark Office
- 07Federal searching and dead records
United States Patent and Trademark Office
- 08Goods, services, and classes
United States Patent and Trademark Office
- 09The Nice Classification
World Intellectual Property Organization
- 10Trademark drawings
United States Patent and Trademark Office
- 11Drawings and specimens
United States Patent and Trademark Office
- 12Specimen requirements
United States Patent and Trademark Office
- 13Filing bases
United States Patent and Trademark Office
- 14Intent-to-use applications and deadlines
United States Patent and Trademark Office
- 15The trademark process
United States Patent and Trademark Office
- 16Office action response periods
United States Patent and Trademark Office
- 17Trademark and maintenance fees
United States Patent and Trademark Office
- 182025 fee changes and surcharges
United States Patent and Trademark Office
- 19Current USPTO fee schedule
United States Patent and Trademark Office
- 20Maintaining a registration and grace periods
United States Patent and Trademark Office
- 21Maintenance filings and optional declarations
United States Patent and Trademark Office
- 22Post-registration questions and Madrid requirements
United States Patent and Trademark Office
- 23Domicile and U.S. attorney requirements
United States Patent and Trademark Office
- 24Rules for foreign-domiciled applicants
United States Patent and Trademark Office
- 25The Madrid System
World Intellectual Property Organization
- 26International registrations and five-year dependency
World Intellectual Property Organization
- 27Assignments and owner name changes
United States Patent and Trademark Office
- 28TMEP: ownership and assignments
United States Patent and Trademark Office
- 29Trademark infringement
United States Patent and Trademark Office
- 30The Trademark Trial and Appeal Board
United States Patent and Trademark Office
- 31Recognizing trademark scams
United States Patent and Trademark Office
- 32Personal information in trademark records
United States Patent and Trademark Office
- 33Principal and Supplemental Registers
United States Patent and Trademark Office
- 34Application and post-registration timelines
United States Patent and Trademark Office
- 35Base application requirements
United States Patent and Trademark Office