An application to register a trademark in the US is made to the US Patent and Trademark Office (USPTO).
Accepted and registered trademarks have the protection of the law for ten years and can be renewed subsequently.
Clearance Search: Step One:
Before applying for trademark registration, you must complete a search to ensure that the trademark is available to register for your particular goods or services and that no other trademark conflicts with it. This search is done on the Trademark Electronic Search System (TESS). The TESS is a database of every US trademark registered or applied for.
Based on your search results from TESS, check the status of any potentially conflicting application or registration through the Trademark Status and Document Retrieval (TSDR) system.
In addition to the TESS, applicants are encouraged to search state trademark databases and the internet for trademarks not in the TESS.
Searching is crucial before making the application for registration. If an already registered trademark is found that is likely to confuse yours, your brand will not be registered, and you will not be refunded the filing fee.
Step Two: Initiation Application
After a thorough search, you can begin applying to the Trademark Electronic Application System by filling out the initial application form. The following information will be required from the applicant;
- Applicant’s name and domicile address
- A valid e-mail address is
- Applicant’s legal entity and citizenship (or state or country of incorporation of juristic applicant)
- One or more basis for filing
- Identification and classification of goods and services
- Signed verification
- A precise mark drawing (if it includes color, the image must show the mark in color).
- If the mark includes color, a claim that the color is a feature of the mark, and a statement naming the colors and describing where the color appears on the mark
- A description of the mark If the mark is not in standard characters
- An English translation if the mark includes foreign wording
- If the mark consists of non-Latin characters, a transliteration of those characters
Step Three: Filing Fee
An application must include a filing fee of either $250 (if you can find an accurate description of the goods/services in the Trademark ID Manual) or $350 (if you cannot find a precise description of the goods/services in the Trademark ID Manual) for each class of goods or services listed in the application. The fees are subject to review by the USPTO.
Step Four: The Examining Process
After the initial application is submitted and the filing fees have been paid, the USPTO’s Pre-Examination section reviews the application, and, later, an Examining Attorney reviews the application to ensure that all the required information has been provided. The Examining Attorney also conducts a second search to ensure that the is available and that no other legal issues bar your registration.
Step Five: Publishing in the TMOG
If the Examining Attorney does not find grounds for refusing to register your trademark, your trademark will be approved for publication in the USPTO’s Trademark Official Gazette (TMOG). The TMOG is a weekly online publication that informs the public that the USPTO plans to register your trademark. Approximately one month after approval, your trademark will be published in the TMOG.
Within 30 days of the publishing date, anyone opposing the trademark registration may file an objection. If no complaint is filed, the USPTO issues a Notice of Approval (NOA) within two months after the trademark is published in the TMOG. The applicant is expected to file an acceptable Statement of Use within six months of the issuance of the NOA.
Step Six: Approval
The SOU is reviewed and approved; the USPTO registers the trademark within about two months after the SOU is reviewed.
After registering your trademark, you are expected to file maintenance documents and pay fees within specific time frames to keep the registration active.
Timeline
The entire process takes between 12 and 18 months.