Trademark Registration: Benefits, Process, and Requirements

In addition, you can use the USPTO’s search tools, look through your state’s trademark database, or work with LegalZoom to perform a comprehensive trademark search. This step is particularly important, as you can identify conflicts and reduce the chance of refusal later in the process. 

2. Choose the correct filing basis

When submitting your application, you must indicate whether you’re already using the mark in commerce or plan to use it in the future. Intent-to-use applications allow you to reserve rights before launching, though additional steps are required later.

3. Prepare and submit your application

File your application through the USPTO’s online system, providing the trademark, owner information, goods or services description, and filing fee. Accuracy matters—errors or omissions commonly lead to delays or rejections.

4. Respond to USPTO review and publication

After filing, the USPTO examines your application and may request clarification or changes. You’ll want to respond to any notices promptly to avoid further delays. Once approved, your mark is published in the Official Gazette for a 30-day opposition period.

5. Complete registration requirements

If no one opposes, regular use-based applications proceed to registration. Intent-to-use applications require proof that the mark is being used in commerce before registration is granted. Once complete, your trademark is officially registered and protected nationwide.

How much does it cost to register a trademark with the USPTO?

Trademark expenses can vary depending on your filing method and how many goods or services your mark covers, but you’ll pay at least $350 per class. Here’s an overview of the main costs. 

USPTO filing fees

The USPTO’s base filing fee for online applications is $350 per class of goods or services, meaning if your trademark covers multiple categories (for example, both clothing and software), you'll pay $350 for each. If you file by paper, each class costs $850. The USPTO also charges fees for:

• Insufficient information: $100
• Using the free-form text box to identify goods or services: $200
• Adding 1,000 characters to the free-form text box beyond the first 1,000: $200

Always check the USPTO's official trademark fee schedule before filing, as rates are updated regularly.

Professional costs 

Many trademark filers choose to work with an attorney or online legal service like LegalZoom to submit their applications. Attorney fees vary widely, but comprehensive legal assistance—including preliminary searches, application preparation, and initial filing—typically ranges from $1,000 to $2,000 or more. 

In comparison, LegalZoom’s Trademark Registration costs $899 plus USPTO fees. The package includes:

• Federal & common law search to check availability
• Trademark classes selected by your attorney
• Attorney filing of your trademark application with the USPTO
• Post-filing support

DIY filing is another option, which costs you nothing other than filing fees. While this can save money upfront, mistakes can lead to costly refusals or abandoned applications.

How long does USPTO trademark registration take?

In many cases, trademark registration takes about a year from filing to completion, though this depends on the USPTO’s current processing times and whether they find issues with your application. Here’s what to expect. 

• Immediately after filing: You'll receive an electronic filing receipt almost immediately, but this doesn't mean your application is being actively reviewed yet—it simply confirms the USPTO has received your filing.
• 4–6 months after filing: A USPTO examining attorney reviews the application. If there are no issues, it moves forward. If the USPTO raises concerns, responding can add several more months.
• After examination: The trademark is published in the Official Gazette for 30 days, during which others may object.
• 2–3 months later: If no one opposes, the mark registers (for trademarks already in use).

For intent-to-use applications, registration takes longer. After approval, you have up to three years to begin using the mark and submit proof, meaning the final timeline is partly up to you.

What is an Office Action, and how do you respond? 

An Office Action is a formal notice from the USPTO explaining why your trademark application can’t move forward as filed. Receiving one is common and doesn’t mean your application will be denied, but it does mean you have to act to keep it alive.

Many Office Actions fall into a few common categories:

• Similarity to an existing mark, where the USPTO believes consumers might confuse your mark with another one already on file
• Descriptiveness, meaning the mark describes the goods or services rather than identifying a unique source
• Minor technical issues, such as wording, classification, or required disclaimers

You typically have three months to respond, with a three‑month extension available for a fee (for up to six months total). Depending on the issue, this may involve clarifying information, making legal arguments, submitting evidence, or agreeing to specific changes requested by the USPTO.

You might be able to manage some Office Actions on your own, but more complex refusals—especially those involving similarity to another mark—often require legal judgment. Many applicants choose to work with a trademark attorney at this stage to improve their chances of approval.

If you don’t respond by the deadline, your application will be abandoned, and you’ll lose both your filing date and fees.

How to use the ™, ℠, and ® symbols

Three different symbols indicate trademark status. The symbols TM and SM notify the public that you claim a trademark in whatever you have marked with the symbol, whereas the circle-R symbol ® signifies a federally registered trademark. You can use TM and SM without federal registration, even if the USPTO refuses your application.