What does a trademark protect?
A trademark protects a brand name, logo, slogan, or other identifier that distinguishes your goods or services from others in commerce. It is registered with the US Patent and Trademark Office (USPTO) and gives you exclusive nationwide rights to use the mark.
Do I need a lawyer to file a trademark application?
US citizens and businesses can file directly with the USPTO using the Trademark Electronic Application System (TEAS) at uspto.gov. The USPTO does not require an attorney for US applicants, though foreign applicants must use a US-licensed attorney.
What is the difference between TEAS Plus and TEAS Standard?
TEAS Plus costs $250 per class and requires you to select goods/services from the USPTO's pre-approved ID Manual. TEAS Standard costs $350 per class and allows custom descriptions. TEAS Plus is cheaper but less flexible.
How do I search for existing trademarks before filing?
Use the USPTO's free TESS (Trademark Electronic Search System) database at tmsearch.uspto.gov to search for identical or similar marks. Search by word mark, design code, and goods/services class before filing to avoid rejection.
What is a goods and services class and how do I choose the right one?
The USPTO uses 45 international classes to categorize goods and services. Each class costs a separate filing fee. Use the USPTO's free ID Manual at idm-tmng.uspto.gov to find the pre-approved descriptions that best match what you sell.
How long does the USPTO trademark application process take?
The USPTO currently takes 8–12 months to examine a trademark application. After approval, the mark is published for opposition for 30 days. If no opposition is filed and you have a use-based application, the trademark registers within a few weeks.
What is the difference between use in commerce and intent to use?
A use-based application (1(a)) requires you to already be using the mark in commerce. An intent-to-use application (1(b)) lets you file before you launch, reserving rights, but you must later file a Statement of Use (SOU) showing actual use before registration.
What is a USPTO office action and how do I respond?
An office action is a written objection from a USPTO examining attorney. You have 3 months (extendable to 6 months for a fee) to file a written response through the USPTO's TEAS response forms. Common issues include likelihood of confusion and descriptive marks.
How much does it cost to file a trademark application?
The USPTO charges $250 per class for TEAS Plus and $350 per class for TEAS Standard. A Statement of Use (if needed) costs $100 per class. There are no mandatory attorney fees — you pay only the USPTO government filing fees.
How long does a trademark registration last?
A trademark registration lasts 10 years and can be renewed indefinitely every 10 years. Between years 5 and 6 you must also file a Section 8 Declaration of Continued Use or the mark will be cancelled.
Can I use the ™ symbol before my trademark is registered?
Yes. You can use ™ for unregistered trademarks (goods) or SM for unregistered service marks at any time. The ® symbol can only be used after the USPTO grants official registration — using ® before registration is a federal violation.
What happens if someone opposes my trademark application?
After publication, any party who believes they would be harmed can file an opposition with the Trademark Trial and Appeal Board (TTAB). You can respond to an opposition yourself by filing an answer through the TTAB's ESTTA filing system.
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