How to file a U.S. trademark application: a step-by-step guide

By Jeff Lillywhite, Partner at Kimball Anderson. Last reviewed September 18, 2026.

To file a U.S. trademark, you choose a mark that can be registered, decide whether to file based on current use or intent to use, describe your goods or services, submit the application and the fee for each class to the USPTO, and respond if the examining attorney raises issues. If the application clears examination, it is published for a 30-day opposition period and then registers.

What a federal registration does

In the United States, trademark rights start with using a mark to identify your goods or services. Registering the mark with the USPTO adds protection that use alone does not give you. A registration on the Principal Register gives nationwide priority as of your filing date, creates a public record of your claim, carries legal presumptions that you own the mark and have the exclusive right to use it for the listed goods or services, and lets you use the ® symbol. You can use ™ at any time, before or without registration.

A trademark is not the same as a business name filing, a domain name, or a copyright. Registering an LLC or a domain does not give you trademark rights in the name.

Choose a mark that can be registered

Trademarks range from strongest to weakest by how distinctive they are. Invented words and arbitrary words (a made-up name, or an ordinary word used for something unrelated) are the strongest. Suggestive marks hint at what you offer and are also registrable. Descriptive marks, which simply describe the goods or services, are refused unless you can show the public has come to see the term as your brand. Generic terms, the common name of the thing itself, cannot be registered.

The other common reason for refusal is likelihood of confusion with an existing registration or earlier application. A clearance search before you file looks for conflicts, and it is worth doing before you invest in a brand.

Decide what to protect: words, logo, or both

A standard-character registration protects the words themselves, regardless of font, style, or color. A registration for a logo protects the mark as shown in the design. The right choice depends on how your brand will change over time and where you use the words and the logo. It is a legal and business decision worth talking through before you file.

Identify the correct owner

The applicant must be the person or entity that owns the mark: you individually, or your company. An application filed in the name of someone who does not own the mark can be void, and that defect generally cannot be fixed by amending the application. Founders who use a mark through a company should confirm which of them owns it before filing.

Choose a filing basis

There are two main filing bases.

• Use in commerce (Section 1(a)). Available if you are already using the mark with the goods or services listed. You state the date of first use anywhere and the date of first use in commerce, and you submit a specimen.
• Intent to use (Section 1(b)). Available if you have a bona fide intention to use the mark but have not started. After the USPTO approves the application, it issues a Notice of Allowance. You then have six months to file a Statement of Use showing actual use, and you can request extensions in six-month increments, up to a total of 36 months from the Notice of Allowance.

Filing on the wrong basis, or claiming use you cannot support, can jeopardize the application or the resulting registration.

Describe goods and services, and choose classes

Every application lists the goods or services the mark covers, grouped into classes under the international Nice Classification. The USPTO charges its filing fee per class, so a business that sells both physical products and services may need more than one class.

The wording matters. It must be specific and accurate, and after filing it can only be clarified or narrowed, not broadened. Too broad, and you risk an office action or claiming things you do not actually offer. Too narrow, and you may leave part of your business unprotected. The USPTO's ID Manual contains pre-approved wording that avoids surcharges and speeds examination.

Prepare a specimen

For a use-based application, a specimen is real-world proof that the mark is in use. For goods, that generally means the mark on the product, its label or packaging, or a web page that displays the product with the mark and a way to order it. For services, it generally means an advertisement or web page that shows the mark and describes the services being offered. Mockups, digitally created renderings, and images that were edited to add the mark are commonly refused.

Know the fees

The USPTO's base application fee is $350 per class. Additional surcharges can apply if an application is missing required information or uses free-form wording for the goods and services instead of the ID Manual. Fees change from time to time, so confirm the current schedule on USPTO.gov before you file.

MarkMyLogo's attorney fees are listed in the pricing section of the main site. They do not cover a substantive response to an Office Action or a third-party opposition, which are quoted separately. Intent-to-use applications incur additional costs later for the Statement of Use and any extensions. See the FAQ for details.

What happens after you file

1. Examination. A USPTO examining attorney reviews the application. Timelines depend on the USPTO's queue, so check the USPTO's current processing times.
2. Office Action, if needed. If the examiner finds a problem, you receive an Office Action. The response deadline is generally three months, and you can request one three-month extension for a fee.
3. Publication. If the application is approved, the mark is published in the USPTO's Official Gazette, and third parties have 30 days to oppose or request an extension of time to oppose.
4. Registration. A use-based application that clears publication registers. An intent-to-use application first receives a Notice of Allowance and registers after a Statement of Use is accepted.

Filing does not guarantee registration.

Keep the registration alive

A registration must be maintained. A declaration of continued use (Section 8) is due between the fifth and sixth year after registration. Then the registration is renewed every ten years, with a combined Section 8 and Section 9 filing due between the ninth and tenth year and every ten years after. Missing these deadlines can cancel the registration, although short grace periods exist.

Common mistakes

• Filing in the name of the wrong owner.
• Choosing a mark that is merely descriptive or too close to an existing mark, without searching first.
• Describing goods and services too broadly, or including items you do not offer.
• Claiming first-use dates you cannot support.
• Submitting a mockup instead of a real specimen.
• Missing an Office Action or maintenance deadline.
• Paying an unofficial solicitation. Official USPTO email comes from an address ending in @uspto.gov. Unsolicited invoices from private companies that mention your trademark are not from the USPTO.

This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. USPTO rules, deadlines, and fees change, so verify current requirements at USPTO.gov.