Trademark registration process

Trademarks, patents, copyrights, domain names, and business name registrations all differ, so it’s crucial to understand if a trademark is the appropriate form of protection for your needs.

A trademark generally protects brand names and logos associated with goods and services. A patent, however, safeguards inventions, while copyrights protect original creative works. For example, if you invent a new vacuum cleaner, you would apply for a patent to protect the invention itself. You would register a trademark for the vacuum cleaner's brand name, and you might register a copyright for any commercials used to promote the product.

A domain name refers to part of a website address that connects to an internet protocol address. For instance, in the URL "https://www.uspto.gov," the domain name is "uspto.gov." You would register a domain name with an accredited domain name registrar, not through the USPTO.

Trademarks and domain names are not the same. A trademark identifies goods or services as originating from a specific source. A domain name alone doesn’t indicate source unless it’s used prominently outside the web address. Registering a domain name doesn’t grant trademark rights. Even if you secure a domain name, you may have to relinquish it if it infringes on another’s trademark.

Similarly, a business name alone doesn’t qualify as a trademark unless it is used as the source for goods or services. Many states register business names when you establish a business entity like a corporation or LLC.

Considering your trademark

Once you’ve confirmed that trademark protection is the right choice, take time to carefully evaluate your trademark. Not all trademarks are eligible for registration or legal protection. In some cases, you may not be able to stop others from using a similar mark on related goods or services. Before applying, consider the following:

• Is your trademark registrable? Certain trademarks may not be eligible for registration. For instance, generic or functional terms, or marks that conflict with existing registered trademarks, are not registrable. You can search for similar trademarks in the USPTO database and learn about common application issues.

• What is the strength of your trademark? A trademark’s legal strength influences how well you can protect it. Strong trademarks are more likely to be successfully registered and defended. For more details, check out our page on strong trademarks.

Once you’ve chosen a strong trademark, you’ll need to identify:

• The format of your trademark (standard character mark, stylized/design mark, or sound mark)

• The goods and services tied to your trademark

• Your application filing basis

Trademark attorney

If you're a foreign-domiciled applicant, you must have a U.S.-licensed attorney. If you reside in the U.S. or its territories, hiring an attorney is not mandatory, but it is highly recommended. A U.S.-licensed trademark attorney can guide you through the application process. Learn more about why hiring an attorney is important.

File your application in Trademark Center

To file your application, visit the Trademark Center and log in to your USPTO.gov account using two-step authentication. Learn how to create a USPTO.gov account.

For details on the filing fees, additional charges, and our refund policy, visit our fee information page.

Monitor your application status

It's crucial to keep track of your application's progress and meet all deadlines. You can check the status of your application in the "Drafts and docket" section of Trademark Center. We recommend checking every three to four months to avoid missing important deadlines. Learn more about checking the status of your application.

Keep your contact information updated

Make sure your address and email are up to date with the USPTO to avoid missing important communications. If we don’t have your current contact information, you may miss deadlines, which could lead to your application being abandoned.

We review your application

Once your application meets the minimum filing requirements, it’s assigned a serial number and forwarded to an examining attorney for review. This may take several months. The attorney will assess whether your application complies with all legal requirements, including a database search for conflicting trademarks.

We issue a letter (office action)

If the attorney finds issues with your application, they will send an office action outlining reasons for refusal and any deficiencies in the application. Minor corrections may be handled via phone or email.

You respond to the letter

If you receive an office action, you must respond within three months to avoid abandonment of your application. An extension of up to three months can be requested for a fee. Foreign applicants have six months to respond, with no extension option.

We publish your trademark

If the examining attorney has no objections or if you address any objections, your trademark will be published in the Trademark Official Gazette. After publication, parties have 30 days to oppose your registration.

Registration certificate issued for use-based applications

If your application is based on actual use, and no oppositions are filed, your trademark will be registered and you’ll receive a certificate of registration.

Notice of allowance for intent-to-use applications

If your application is based on intent to use, you will receive a notice of allowance, and you must provide proof of actual use before registration can occur.

Maintaining your trademark

To keep your trademark active, you must file periodic maintenance documents. For example, a declaration of use must be filed between the 5th and 6th years after registration to show that your trademark is still in use in commerce.

Enforcing your trademark rights

As the owner of a registered trademark, it’s your responsibility to monitor and enforce your trademark rights. This may involve sending cease-and-desist letters or taking legal action against infringers.