How to Register a Trademark with the USPTO

Federal trademark registration can provide important nationwide benefits, including evidentiary presumptions and the ability to use the ® symbol for the registered goods or services. Those benefits have legal limits, and registration does not automatically clear every competing use. New U.S. federal trademark applications are filed through USPTO Trademark Center.

Step 1: Search before you file

Search the USPTO Trademark Search database for confusingly similar marks, not just exact matches. Compare appearance, sound, meaning and related goods or services. Federal search results do not capture every state or common-law use. A more complete clearance review may be appropriate before you invest in a new brand.

Step 2: Set up a verified USPTO.gov account

Create a USPTO.gov account, enable multifactor authentication and complete the identity-verification steps required for electronic filing. Applicants who are foreign-domiciled must be represented by a U.S.-licensed attorney. Review the USPTO requirements before starting the application.

Step 3: File the application in Trademark Center

In Trademark Center, identify the correct owner, choose a standard-character or design mark, describe the goods or services accurately, select classes and supply the filing basis. The USPTO base application fee is $350 per class as of October 2026, plus surcharges if the application lacks required information or uses free-form text instead of the ID Manual. Fees change, so confirm the current amount on the USPTO trademark fee page before you file. The retired TEAS Plus and TEAS Standard initial application forms are not the starting point for a new application.

Step 4: Choose a filing basis

For Section 1(a), the mark is already used in commerce and an acceptable specimen is generally required. For Section 1(b), the applicant has a bona fide intent to use and typically must later provide evidence of use following a notice of allowance. Other filing bases, including eligible foreign filings and registrations, follow different requirements.

Step 5: Examination

An examining attorney reviews the application for legal and procedural issues, including potential confusion with existing marks and descriptiveness. An office action may require a timely response. For many U.S. applications, the response period is three months with a possible paid three-month extension; certain filings, including Madrid Protocol applications, have different deadlines. Use the office action itself and TSDR to confirm the exact due date.

Step 6: Publication and opposition

When examination is complete, a proposed registration may be published in the Trademark Official Gazette. A standard 30-day opposition window allows qualifying third parties to challenge registration. Publication does not itself mean the mark is registered.

Step 7: Registration and maintenance

The path to registration depends on filing basis and whether proof of use has been accepted. Registration requires ongoing attention: generally, U.S. registrations require a declaration of use between years five and six, followed by periodic renewal and use filings, with statutory grace periods and special rules for some registrations. Calendar the deadlines and consult the current USPTO maintenance instructions.

The bigger picture

Trademark registration is an ongoing process rather than a one-time form. For a broader introduction to intellectual property procedures, explore Wysebridge’s trademark resources and related educational materials.

Frequently asked questions

Can I still file a trademark application in TEAS?

No. File new U.S. federal trademark applications in Trademark Center. Some other filing functions may continue transitioning between systems; follow the USPTO’s current filing instructions.

How much does it cost to register a trademark?

As of October 2026, the base USPTO application fee is $350 per class, plus applicable surcharges and later-stage fees. Total costs vary by application choices and subsequent filings. Verify the current USPTO fee schedule.

How long do I have to respond to an office action?

Many U.S. applications receive three months to respond, with a paid extension option. Other bases can have different response periods. Always use the deadline stated in your particular USPTO notice.