US trademark rights reward the business that uses and registers a brand first. Sell under an unregistered name, and a later filer can register a confusingly similar mark and box you out of your own market. This guide covers how registration works with the United States Patent and Trademark Office (USPTO), what it costs, how long it takes, and what happens after you file. Every figure here is pulled from the USPTO and current as of 2026.
What Is USA Trademark Registration?
USA trademark registration is federal protection granted by the United States Patent and Trademark Office (USPTO) for a mark that identifies the source of your goods or services. A trademark is a word, phrase, symbol, or design used on goods. A service mark is the same thing for services. Registration converts local rights into nationwide legal protection.
Three symbols signal your claim. You may use ™ on goods and ℠ on services without any registration, since both assert a common-law claim. You may use ® only after federal registration issues. Using ® before that point is improper.
Do You Have Trademark Rights Without Registering? Common-Law vs. Federal Rights
Yes. In the US, trademark rights arise from use in commerce, not from registration. But common-law rights cover only the geographic area where you actually use the mark. Federal registration with the USPTO layers on nationwide rights and legal advantages that unregistered marks never get. The table below shows what registration adds.
| Right or benefit | Common-law (unregistered) | Federal registration |
|---|---|---|
| Geographic scope | Only your actual area of use | Nationwide constructive notice |
| Legal presumption of ownership and validity | No | Yes |
| Right to use the ® symbol | No | Yes |
| Basis for foreign filing | No | Yes |
| Access to federal court | Limited | Yes |
Source: USPTO trademark basics.
Why Should You Register a Trademark With the USPTO?
Registering with the USPTO gives you legal grounds to stop infringers, nationwide exclusivity over your mark, and stronger brand credibility with customers and investors. It also unlocks commercial value. A registered mark can be licensed or franchised for revenue, and it can be recorded with US Customs to block counterfeit imports. These benefits build on the common-law contrast above.
How Does Recording Your Trademark With US Customs Block Counterfeit Imports?
Owners of federally registered marks can record the registration with US Customs and Border Protection (CBP), which then monitors shipments and can detain or seize infringing imports at the border. Recording requires an issued federal registration and is done through CBP’s e-Recordation system. The initial recordation fee is $190 per class, per registration, according to CBP’s Intellectual Property Rights program. Renewals cost $80 per class.
What Are the Types of Trademarks You Can Register?
You can register word marks, design marks, composite marks, and certain non-traditional marks. A word mark protects the name or slogan in any styling. A design mark protects a logo or stylized presentation. A composite mark combines text and design. Non-traditional marks such as trade dress, sound, and color qualify when they function as source identifiers, per USPTO practice.
Choose a standard-character word mark for the broadest protection of your name, since it covers the wording in any font or color. Many brands file both a word mark and a design mark to cover the name and the logo.
What Are the Trademark Filing Bases?
Every US application must state a filing basis. Section 1(a) covers a mark already used in interstate commerce. Section 1(b) covers a bona fide intent to use (ITU) a mark not yet in commerce. Foreign applicants may file under Section 44(d) or 44(e), based on a foreign application or registration, or under Section 66(a), based on a Madrid Protocol registration.
A specimen is real-world evidence of the mark in use. Examples include product labels, packaging, or the product page where goods are sold, plus advertising or website screenshots for services. A Section 1(a) application needs a specimen at filing. A Section 1(b) application needs one with the Statement of Use, which is due only after the USPTO issues a Notice of Allowance.
How Do You Choose the Right Trademark Class?
You choose classes by matching your actual goods and services to the international Nice Classification system, which the USPTO uses. Nice has 45 classes: 34 for goods and 11 for services. Fees apply per class, and your identification of goods and services fixes the scope of protection. Pick every class your offering genuinely covers, no more.
Draft your descriptions from the USPTO ID Manual’s pre-approved entries. Those entries speed examination and avoid the free-text surcharge introduced in the 2025 fee restructure, covered in the cost section below.
How Do You Register a Trademark in the US? Step-by-Step
Registration follows a fixed USPTO procedure from clearance search to maintenance. The single highest-leverage step is the clearance search, because likelihood of confusion is the number-one ground for refusal. The steps and typical timing appear below. Filing happens through the USPTO Trademark Center, the online system that replaced the Trademark Electronic Application System (TEAS).
| # | Step | Typical timing |
|---|---|---|
| 1 | Clearance search of the USPTO database plus common-law and state sources | Before filing |
| 2 | Select mark type, classes, and identification of goods/services | Before filing |
| 3 | Choose a filing basis (1(a), 1(b), 44, or 66(a)) | At filing |
| 4 | File and pay per-class fees in the Trademark Center | Day 0 |
| 5 | Examination by a USPTO examining attorney | ~14 months after filing |
| 6 | Respond to any Office Action | Within 3 months of the action |
| 7 | Publication in the Official Gazette | After approval |
| 8 | Notice of Allowance and Statement of Use (ITU filers only) | After the opposition window |
| 9 | Registration certificate issues | 12 to 18+ months from filing |
| 10 | Maintenance filings begin | Years 5 to 6 onward |
Source: USPTO trademark process and Trademarks Dashboard, 2026.
How Much Does It Cost to Register a Trademark?
Government fees are charged per class. The USPTO restructured its fees effective January 18, 2025, replacing the old TEAS Plus ($250 per class) and TEAS Standard ($350 per class) tiers with a single base application fee plus surcharges, per the USPTO summary of 2025 trademark fee changes. Attorney and service fees are separate. Filing in three classes costs roughly three times the base.
| Fee | Amount | Source |
|---|---|---|
| Base application fee (Section 1 or 44) | $350 per class | USPTO 2025 fee changes |
| Custom free-text identification surcharge | $200 per class | USPTO 2025 fee changes |
| Long identification surcharge | $200 per class per extra 1,000 characters | USPTO 2025 fee changes |
| Insufficient-information surcharge | $100 per class | USPTO fee information |
| Statement of Use or amendment to allege use | $150 per class | USPTO fee information |
| Madrid Section 66(a) application | $600 per class (effective Feb 18, 2025) | USPTO 2025 fee changes |
| Effective date of new structure | January 18, 2025 | USPTO 2025 fee changes |
The old $720 one-class figure no longer applies. Use the base fee plus any surcharges your filing choices trigger.
How Long Does Trademark Registration Take?
Registration commonly takes 12 to 18+ months from filing, and longer for intent-to-use filings that must complete a Statement of Use. Wait times fluctuate, so the current USPTO figures matter. The table below uses live targets from the USPTO Trademarks Dashboard.
| Stage | Typical timing | Source |
|---|---|---|
| First action pendency (filing to first review) | ~14 months on average, FY2026 target | USPTO Trademarks Dashboard, 2026 |
| Total pendency (filing to disposition) | 11 months or less on average, FY2026 target | USPTO Trademarks Dashboard, 2026 |
| Opposition window after publication | 30 days, extendable | USPTO |
| ITU Statement of Use deadline | 6 months after Notice of Allowance, extendable in 6-month blocks up to 36 months | USPTO |
What Is a Trademark Office Action and How Do You Respond?
An Office Action is a formal letter from the examining attorney that refuses registration or requires fixes. You must answer by the USPTO deadline of 3 months, extendable once by 3 more months for a fee, or the application goes abandoned, per USPTO rules. Receiving one is common and rarely fatal.
Likelihood of confusion is the most common refusal ground. The examiner compares your mark to existing registrations and pending applications for similarity in appearance, sound, and meaning, and for relatedness of the goods or services. Two similar marks on related goods get refused. Common secondary grounds include a merely descriptive mark and specimen problems.
What Happens During the Trademark Publication and Opposition Period?
Approved marks publish in the USPTO Official Gazette, which opens a 30-day window for third parties. Any party who believes it would be damaged can oppose the registration or request an extension of time to oppose. If no opposition is filed, the outcome depends on the filing basis. Section 1(a), 44, and 66(a) applications proceed to registration. Section 1(b) applications receive a Notice of Allowance.
What Is the Trademark Trial and Appeal Board (TTAB)?
The Trademark Trial and Appeal Board (TTAB) is the USPTO’s administrative tribunal. It hears oppositions to published applications, petitions to cancel existing registrations, and appeals from an examining attorney’s final refusal. A TTAB proceeding runs like litigation, with evidence and briefing, and it decides the right to register rather than infringement damages. Most disputes settle before a final decision.
What Happens After You Get Your Trademark Registration Certificate?
The USPTO issues a registration certificate, and the registration then lasts indefinitely only if you file maintenance documents on time. Miss a window and the registration dies. The USPTO also runs post-registration audits that can cancel goods, services, or the whole registration if use cannot be shown. The required filings and current fees appear below.
| Filing | Window | Fee | Source |
|---|---|---|---|
| Section 8 Declaration of Continued Use | Between years 5 and 6 | $325 per class | USPTO fee information |
| Section 8 and Section 15 (incontestability) | After 5 years of continuous use | $575 per class | USPTO fee information |
| Combined Section 8 and 9 renewal | Between years 9 and 10, then every 10 years | $650 per class | USPTO fee information |
| Grace period | 6 months after the deadline, extra fee | Added surcharge | USPTO |
Track these deadlines in Commenda’s compliance calendar so a renewal window never slips.
Should Startups Register a Trademark Before Launch?
Yes. Startups typically file a Section 1(b) intent-to-use application to lock in nationwide priority before the product ships. US priority otherwise depends on actual first use, so a delay lets a competitor claim your name first. The filing fee is small against the cost of a forced rebrand after launch. Confirm your name is clear first with a company name check.
Can You License or Franchise a Registered Trademark?
Yes. A registered mark can be licensed to other businesses for royalty income, and it is the legal backbone of a franchise system. The catch is control. The owner must maintain quality control over how licensees use the mark. An uncontrolled arrangement, called a naked license, can forfeit your trademark rights entirely, per US trademark law.
Do You Need State Trademark Registration Too?
Most businesses selling across state lines need only federal registration, which grants nationwide rights. State registration protects only within that one state. It is cheaper and faster and mainly suits purely intrastate businesses that cannot show use in interstate commerce. State registers still matter during clearance searches, since a state mark can surface a conflict, per USPTO guidance.
Can You Extend US Trademark Protection Internationally?
Yes. A US application or registration can serve as the basis for a Madrid Protocol international application, filed through the USPTO to the World Intellectual Property Organization (WIPO), extending protection to member countries. Foreign owners reach the US the same way through Section 66(a). The WIPO Madrid System covers more than 100 countries, which fits companies expanding a US brand across borders.
How Commenda Helps With USA Trademark Registration
Trademark registration is procedural, deadline-driven work, and missing a single window costs you the mark. The same discipline governs the entity that owns the mark. Commenda’s incorporation product handles US company setup and the compliance stack around it, so brand protection slots into a managed expansion workflow instead of a spreadsheet.
Start with the right foundation: read when to incorporate your US startup and how to run an EIN verification so the trademark is owned by a properly formed entity. Book a demo to map your US brand and entity setup end to end.
