Trademark Registration: How to Register a Trademark in the U.S.

Published by the Registry Consulting team · How we researchSources linked in this guideNot a law firm · no legal adviceTalk to a trademark attorney

Updated November 1, 2026

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Registry Consulting is an independent information site, not a law firm, and does not give legal advice. Guides are general information about U.S. trademark law.

Quick answer: You register a U.S. trademark by filing an application with the U.S. Patent and Trademark Office (USPTO). You choose the exact mark, list the goods or services it covers, pay a fee per class, and then an examining attorney reviews it. If it is approved and no one successfully opposes it, the mark registers.

A federal registration gives you nationwide legal presumptions of ownership and the right to use the ® symbol. The process is mostly paperwork, but small mistakes, like a vague description of goods, can delay or sink an application.

The steps at a glance

Step	What happens
1. Choose a strong mark	Distinctive names (invented or arbitrary words) are easier to register than descriptive ones.
2. Search	Look for confusingly similar marks already registered or pending, using the USPTO's free search tool.
3. Identify goods/services and classes	Describe exactly what you sell; each of the 45 international classes is charged separately.
4. File online	Applications are filed electronically with the USPTO, based on current use or a bona fide intent to use the mark.
5. Examination	A USPTO examining attorney reviews the application and may issue an office action you must answer by the deadline.
6. Publication	Approved marks are published in the Official Gazette, opening a 30-day window for others to oppose.
7. Registration or allowance	Use-based applications register; intent-to-use applications get a notice of allowance and need a statement of use.

Use-based vs. intent-to-use

If you are already selling under the mark in commerce, you can file based on use and submit a specimen showing the mark as customers see it. If you are not yet using it, an intent-to-use filing lets you reserve your place in line, but you must show use before it registers, and extra fees apply.

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Common reasons applications are refused

Likelihood of confusion with an earlier mark for related goods or services
The mark merely describes the goods or services
Specimens that don't show the mark used with the listed goods or services
An identification of goods that is too vague

Do you need a lawyer?

You can file on your own if you live in the U.S. Applicants and registrants whose domicile is outside the U.S. must be represented by a U.S.-licensed attorney. The USPTO itself encourages applicants to consider hiring a private trademark attorney. See our guide to when a trademark attorney is worth it.

This guide is general information, not legal advice. Trademark rules and fees change; confirm current details on the USPTO website or with a licensed attorney.

Ways to file a trademark compared

Option	Best for	Keep in mind	Link
File yourself with the USPTO	Simple marks and confident filers	You handle searches, classes and any office actions	File at USPTO
Online filing service	Help with forms at a set price	Most cannot give legal advice; check what is included
Trademark attorney	Valuable brands, conflicts, office actions	Higher cost, but can advise on risk and strategy	Talk to an attorney

This table is our own summary to help you compare options. Nobody paid to be included.

Frequently asked questions

How long does trademark registration take?

Timing depends on USPTO workloads and whether you receive office actions or oppositions. The USPTO publishes current processing times on its website; plan for many months, often more than a year, from filing to registration.

Can I register a trademark myself?

Yes, if you are domiciled in the U.S. you can file directly with the USPTO. Foreign-domiciled applicants must use a U.S.-licensed attorney.

Does registering a business name give me a trademark?

No. Registering an LLC or corporation name with your state, or buying a domain name, is not the same as a federal trademark registration.