uspto.gov
Securing a trademark is a marathon, not a sprint. While you can technically file the paperwork in an afternoon, the legal process usually takes between 10 to 18 months to reach official registration.
As of 2026, the USPTO (United States Patent and Trademark Office) has transitioned fully to the Trademark Center, which requires identity verification (via ID.me) before you can even begin.
1. Conduct a “Clearance Search”
Before spending money, you must ensure your name isn’t “confusingly similar” to an existing one.
- The TESS Database: Search the USPTO’s database for identical names, phonetic matches (e.g., “Katz” vs. “Cats”), and similar meanings.
- Common Law Search: Search Google, social media, and state business registries. Even if a name isn’t federally registered, someone using it first in business may have “common law” rights that can block you.
2. Identify Your Goods and Services
You don’t just trademark a name “for everything.” You must select specific International Classes (there are 45 total).
- Class 25: Clothing and apparel.
- Class 35: Advertising and retail services.
- Note: Every additional class you add increases the filing fee.
3. Choose Your Filing Basis
You must tell the USPTO whether you are already using the name or plan to soon:
- Use in Commerce (Section 1a): You are already selling products/services under this name. You must provide a specimen (e.g., a photo of your product label or a screenshot of your website selling the service).
- Intent to Use (Section 1b): You haven’t started yet but plan to. This “holds your place in line,” but you’ll eventually have to pay an extra fee to prove use later.
4. File the Application
You’ll use the USPTO Trademark Center. You will need:
- The owner’s name (individual or LLC/Corp).
- A clear depiction of the mark (the name itself).
- The filing fee (standardly $350 per class as of early 2026).
5. The Examination Phase
After about 3–4 months, a USPTO Examining Attorney will review your application.
- Office Actions: If there’s an issue (like a conflict with another mark), they’ll send an “Office Action.” You have 3 months to respond, or your application dies.
- Publication: If approved, your mark is published in the Official Gazette. This gives the public 30 days to object if they think your mark hurts their business.
6. Registration or Notice of Allowance
- If you filed “Use in Commerce”: You’ll receive your Registration Certificate shortly after the 30-day publication window.
- If you filed “Intent to Use”: You’ll receive a “Notice of Allowance.” You then have 6 months to submit your specimen of use to finalize the registration.
Key Costs at a Glance (2026)
| Item | Estimated Cost |
|---|---|
| USPTO Filing Fee | $350 per class |
| Statement of Use (for “Intent to Use” only) | $100 per class |
| Attorney Fees (Optional but recommended) | $500 – $2,000+ |
[!TIP]
Pro-Tip: The USPTO fees are non-refundable. If your application is rejected because you didn’t do a thorough search, you lose that money. If you’re serious about the brand, having a trademark attorney do a “Comprehensive Search” is usually worth the investment.
Are you looking to trademark a name for a product you’re already selling, or is this for a brand you’re still developing?