How to Register a Trademark in the US: Process, Costs, Classes, and Filing Requirements

Federal trademark registration in the United States is handled by the United States Patent and Trademark Office (USPTO). Filing an application does not mean your trademark is automatically registered, and the path to registration can differ depending on the legal basis used to file.

If you are still deciding how a logo fits into your trademark strategy, see our guide to Trademark vs. Logo: What to Know Before Using an AI-Generated Logo for Your Brand. 

If you are preparing to register a brand name or logo in the US, you will need to think about more than the mark itself. The correct owner, the goods or services covered by the application, the relevant trademark classes, potential conflicts with earlier marks, and the filing basis can all affect how the application proceeds.

This guide explains the main steps for a US federal trademark application, including registrability, pre-filing preparation, trademark searches, classes, filing bases, USPTO examination, costs, attorney requirements, and application timing.

A name, logo, or other trademark does not become federally registrable simply because you created it yourself.

One of the first questions is whether the mark can function as a source identifier—in other words, whether consumers can recognize it as identifying the source of particular goods or services.

In US trademark practice, marks are often discussed along a spectrum of distinctiveness:

• Fanciful marks use invented terms created specifically as trademarks.

• Arbitrary marks use familiar words in an unrelated way.

• Suggestive marks hint at a feature or quality without directly describing it.

• Descriptive marks directly describe a characteristic, function, feature, or quality of the goods or services.

• Generic terms are the common names for the relevant goods or services.

Fanciful, arbitrary, and suggestive marks are generally considered inherently distinctive. A merely descriptive mark may face a refusal unless it qualifies through an applicable legal route, such as acquired distinctiveness. Generic terms cannot function as trademarks for the relevant goods or services.

The USPTO can also refuse registration for other reasons. One of the most common is a likelihood of confusion with an earlier registered mark when the marks are sufficiently similar and the goods or services are related.

So even if a name is creative or distinctive on its own, that does not mean it will necessarily be registered.

Applicants who want an overview of common refusal issues can review the USPTO's official guidance on possible grounds for refusal.

A distinctive mark can still be refused

Distinctiveness is only one part of federal trademark registration.

For example, suppose the GenApe team is developing a fictional brand called Zelqavune. At the brand-development stage, the GenApe AI Logo Generator can help turn a brand concept into logo ideas and visual directions. Even if “Zelqavune” was created independently and appears distinctive, however, that alone would not establish that the mark can be federally registered. 

The application would still need to be evaluated for potential conflicts with earlier marks, the goods or services covered by the application, the filing basis, and other federal registration requirements.

Trademark registration also does not use copyright-style “originality” as a general eligibility requirement. Whether a name or logo was created by a person, designed with software, or developed with the assistance of AI does not replace the ordinary trademark analysis.

Before filing, you should identify both the trademark you want to protect and the legal and commercial information that will support the application.

A practical pre-filing checklist includes:

• the name, logo, or other mark you want to register;

• the correct legal owner or applicant;

• the goods and services associated with the mark;

• the relevant international classes;

• a search for potentially conflicting earlier marks;

• the appropriate filing basis;

• use dates and a specimen if filing based on current use in commerce; or

• a bona fide intent to use the mark if filing on an intent-to-use basis.

Two points deserve particular attention in the United States: who owns the mark and which filing basis applies.

Naming the wrong applicant can be a serious defect. For a use-based application, the applicant generally must be the actual owner of the mark at the time of filing. For an intent-to-use application, the applicant must be the person or entity that actually has the bona fide intent to use the mark.

Whether the applicant is an individual or a company does not, by itself, make the mark more or less likely to be approved.

Search for potentially conflicting trademarks before filing

A trademark clearance search is not a statutory filing prerequisite, but the USPTO recommends searching for potentially conflicting marks before filing.

The purpose of the search is not to obtain a guarantee that the application will succeed. It is to identify possible conflicts early enough to make a more informed filing decision.

Finding no identical mark does not necessarily mean the application is clear. The USPTO may consider similarities in appearance, sound, meaning, and overall commercial impression, as well as whether the relevant goods or services are related.

You can begin with the USPTO's official Trademark Search resources.

A broader clearance search can also involve state trademark databases, internet searches, and marketplace use. Detailed clearance-search strategy is outside the scope of this guide.

Identify your goods, services, and trademark classes

A federal trademark application must identify the goods or services for which registration is sought. 

The United States uses the Nice Classification system, with Classes 1–34 covering goods and Classes 35–45 covering services.

However, it is better to start with what your business actually sells or genuinely intends to provide and then determine the appropriate classification, rather than choosing a class first and trying to fit the business into it.

For example, if the fictional Zelqavune brand is planned for several types of digital services, the applicant should first break down those services and determine how each should be identified in the application.

The USPTO's Trademark ID Manual can help applicants locate pre-approved wording for goods and services.

Trademark classes are important for filing and fee purposes, but the class number by itself does not determine the legal scope of protection or whether two marks create a likelihood of confusion. Goods or services in different classes can still be legally related, while items in the same class are not automatically considered conflicting.

A US federal trademark application requires a filing basis, which determines the legal basis for filing and can affect the steps required before registration.

For many direct US applications, the two most common filing bases are:

• Section 1(a) — Use in Commerce

• Section 1(b) — Intent to Use

Other filing routes can apply in foreign-application, foreign-registration, or international-registration situations, including Sections 44(d), 44(e), and the Madrid Protocol route under Section 66(a).

Section 44(d) can establish a filing priority basis based on a qualifying foreign application, but additional requirements must still be satisfied before the mark can register in the United States.

These international and foreign-registration routes involve additional requirements and are not the main focus of this general guide.

Applicants can review the USPTO's official filing basis guidance.

Section 1(a): Use in Commerce

A Section 1(a) application is generally used when the mark is already being used in qualifying commerce for the listed goods or services.

The application typically requires information such as:

• dates of first use;

• dates of first use in commerce; and

• a specimen showing how the mark is actually used with the goods or services.

“Use in commerce” is a legal term. It should not be reduced to a simple rule such as requiring sales across state lines in every case.

If Zelqavune is already being used commercially in a way that meets the federal requirements, a use-based application may be appropriate.

Section 1(b): Intent to Use

A Section 1(b) application allows an applicant to file before commercial use begins, provided the applicant has a bona fide intent to use the mark in commerce.

This can be useful for a brand that is still preparing to launch.

However, an intent-to-use application does not allow the applicant to obtain registration without ever using the mark. Before registration, the applicant must later establish qualifying use in commerce and submit the required allegation of use and specimen.

Depending on the timing, this may involve an Amendment to Allege Use or, after a Notice of Allowance, a Statement of Use.

Choosing a filing basis should reflect the applicant's actual circumstances. It is not simply a matter of selecting whichever option appears faster.

The US registration process has a common examination path, but it does not remain identical for every application through registration.

A simplified common path looks like this:

After publication, the next step depends on the filing basis.

Use-based applications may proceed to registration after publication

For a qualifying Section 1(a) use-based application, if publication is completed and no opposition or other blocking issue prevents registration, the USPTO may proceed to registration.

This is why approval for publication is not the same as registration, and publication itself is also not registration.

Intent-to-use applications take an additional path after publication

For a Section 1(b) intent-to-use application, successful publication does not result in immediate registration.

Instead, the USPTO generally issues a Notice of Allowance (NOA).

The applicant must then establish qualifying use in commerce and file the required Statement of Use, including an acceptable specimen and the required fee, before the application can proceed to registration.

A Notice of Allowance is therefore not a trademark registration.

The simplified intent-to-use path is:

Application → Examination → Publication → Opposition Period → Notice of Allowance → Use in Commerce → Statement of Use + Specimen → USPTO Review → Registration

This filing-basis branch is one of the most important features of the US trademark registration process.

An Office Action is not a fixed step in every application

Not every application receives an Office Action.

If the USPTO examining attorney identifies a refusal or another requirement, the applicant may receive an Office Action explaining what must be addressed.

For most pre-registration US applications, the response deadline is generally three months, with the possibility of requesting a paid three-month extension. Section 66(a) Madrid-based applications follow a different response period.

If the applicant does not respond by the applicable deadline, the application may be abandoned.

Detailed Office Action response strategies and appeals are separate topics and are not covered in this registration overview.

It depends primarily on domicile, not citizenship.

An applicant domiciled in the United States or its territories generally is not required to hire a trademark attorney and may file directly with the USPTO.

By contrast, applicants domiciled outside the United States and its territories generally must be represented before the USPTO by a US-licensed attorney.

For an individual, domicile generally refers to the person's principal home. For a business entity, it generally refers to the principal place of business where senior executives or officers direct and control the entity's activities.

So the attorney requirement should not be understood as a simple citizenship rule. A foreign citizen is not automatically required to hire a US attorney solely because of nationality; the key question is where the applicant is domiciled.

A US citizen domiciled abroad and a non-US citizen domiciled in the United States can therefore be treated differently under the attorney requirement.

A trademark attorney can help with ownership issues, clearance searches, filing bases, goods and services identifications, and Office Actions, but hiring an attorney does not guarantee registration.

New direct US trademark applications filed with the USPTO are currently submitted through the USPTO's Trademark Center.

Madrid Protocol applications under Section 66(a) follow the international filing route through WIPO rather than the ordinary direct USPTO filing route.

The federal filing cost depends on the number of classes and on how the application is prepared.

For Sections 1 and 44 applications, the current USPTO base application fee is $350 per class. For example, a two-class application has a base filing fee of $700 before any additional fees apply.

Certain application choices or deficiencies can trigger additional charges.

Selecting an appropriate pre-approved identification directly from the USPTO's ID Manual within Trademark Center can help avoid the additional free-form identification fee. Copying ID Manual wording into the free-form text box can still trigger the fee.

An intent-to-use application may also involve additional post-filing fees because qualifying use must later be established before registration.

There is no single universal post-approval registration fee that applies to every successful US trademark application. However, certain filing bases—especially intent-to-use applications—can involve additional fees later in the process.

USPTO fees can change, so applicants should check the current trademark fee information before filing.

There is no single reliable number for the total time to registration.

The USPTO currently reports an average of about 4.3 months from filing to the first examining action. You can check the latest figures on the USPTO's trademark application timeline.

This 4.3-month figure is not the total registration time and is not a guarantee for any individual application.

Total timing can vary depending on factors such as:

• the filing basis;

• whether an Office Action is issued;

• how quickly the applicant responds;

• publication and opposition;

• whether the application is use-based or intent-to-use; and

• how long an intent-to-use applicant takes to establish use.

For an intent-to-use application, timing can be particularly different because the applicant generally has six months after the Notice of Allowance to file a Statement of Use or request an extension. Multiple six-month extensions may be available, so an intent-to-use application can remain pending significantly longer before registration.

This is why “first examining action” and “total time to registration” should not be treated as the same thing.

Check your trademark application status through TSDR

After filing, applicants can monitor the application through the USPTO's Trademark Status and Document Retrieval (TSDR) system.

TSDR provides access to application status and official documents using the application's serial number or registration number.

You can access the USPTO's TSDR status and document service.

Applicants should continue monitoring their application after filing because USPTO notices and deadlines can affect whether the application remains active.

Building a brand involves more than creating a name or logo.

A business may begin with brand naming, logo development, visual identity, and marketing content, but once a mark is being prepared for commercial use, the trademark questions become more specific: Who owns the mark? What goods or services will it cover? Is there a potentially conflicting earlier mark? Which filing basis applies? Has qualifying use already begun?

For the fictional Zelqavune example, the GenApe AI Logo Generator can help turn brand ideas into logo concepts and visual directions. But creative tools do not replace trademark clearance, filing-basis decisions, or the USPTO's legal examination. 

Whether a trademark is ultimately registered depends on the actual application, the applicable federal trademark requirements, and the USPTO's review.