How to Register a Trademark in the USA: Complete 2026 Guide

What Are The Key Takeaways For U.S. Trademark Registration In 2026?

What Is a Trademark?

According to the USPTO, a trademark can be described as any word, phrase, symbol, design, or combination that identifies the source of goods or services and distinguishes them from competitors.

What Are The Main Functions Of A Trademark?

• Identifies the source of goods/services.
• Signals consistent quality and reputation.
• Helps customers find and recognize your product

What Are The Four Main Types Of A Trademark?

According to the USPTO, the four main types of a trademark can be:

• Word marks: Brand names, slogans (e.g., “NIKE”)
• Design or logo marks: Stylized words, logos, icons
• Combined word + logo marks
• Non-traditional marks: Sounds (jingles), colors, product shapes/trade dress, and even scent/smell or motion.

What Are The Four Main Categories Of Trademark Strength?

From strongest to weakest for registrability:

• Fanciful (made-up words)
• Arbitrary (existing words used in an unrelated context)
• Suggestive (hint at qualities without directly describing them)
• Descriptive/Generic (often weak or unregistrable at the federal level)

What Legal Protections Does a Registered Trademark Offer?

Federal registration with the USPTO can provide:

Listing in the USPTO’s public database, which acts as a nationwide public notice of your rights.

• A legal presumption that you own the mark and have the exclusive right to use it for the listed goods or services throughout the U.S.
• The right to use the ® symbol with your mark.
• The ability to bring infringement actions in federal court.
• A basis to seek brand trademark protection in foreign countries.
• The ability to record your mark with U.S. Customs and Border Protection to help block infringing imports.

Quick Question: Is Trademark Similar to a Copyright?

For a more in-depth comparison, check trademark vs copyright.

What Can Be Trademarked in the USA?

As per the latest guidelines of USPTO, almost anything that functions as a source identified can be trademarked, which includes:

• Word marks: Brand names, taglines, product names.
• Logos and design marks: Stylized words, graphics, icons.
• Slogans: Short marketing phrases.
• Packaging and product shape (trade dress): Unique bottle shapes, product configurations, or packaging designs.
• Sound marks: Short sounds like jingles or tones.
• Color or scent (in limited cases): Where they uniquely identify a source and are not functional.

Example: “Ford” in stylized oval logo, which is a Word + design mark for automobiles and related goods.

Learn how to trademark a logo and how to avoid five common trademark mistakes.

For a better understanding, check the USPTO’s Official Trademark Examples.

Word Mark vs. Design Mark: Which One Should You Choose?

While choosing one over the other will depend on your needs, it is best ot understand the pros and cons of each that’ll help you make the decision.

What Is a Word Mark?

A word mark (sometimes also referred to as a standard character mark) protects the wording itself, regardless of font, color, or layout.

When to File for a Word Mark? Your name is distinctive and appears in many styles.

What Is a Design Mark?

This protects a specific stylization, logo, or any graphical arrangement that represents a brand.

When to File for a Design Mark? Your logo has strong standalone recognition.

NOTE: If you are a small business with a limited budget, it is recommended to prioritize a strong word mark first, followed by a design mark.

To learn more about specimens and logo filing rules, check the trademark logo specimen guidelines.

How To Register a Trademark in the US Step-by-Step?

To file your application with the USPTO Online, you will:

1. Create or log into your USPTO.gov account.
2. Begin a new trademark application in Trademark Center.
3. Enter owner information (individual or business).
4. Specify the mark format (word mark or design mark).
5. Upload the drawing of the mark.
6. Identify goods/services and classes.
7. Select a filing basis (use in commerce or intent to use).
8. Pay the appropriate filing fee per class ($350).

Things to Know Before Registering a Trademark

• Before registering a trademark, you should search the USPTO’s trademark database to identify similar marks.
• The USPTO organizes goods and services into 45 international classes, 34 for goods and 11 for services (more on the classes below).
• The overall registration process usually takes 12–18 months, assuming no major refusals or oppositions.
• Post-registration, there are additional long-term maintenance deadlines.

Given that there are so many aspects that can lead to refusals or unwanted delays in your application, it is best to consult experts like Trademark Engine to file your trademark for you.

What Are Trademark Classes?

Trademark classes are a standardized system to group goods and services into 45 numbered categories.

Why These Trademark Classes Matter?

• To determine where your protection applies (which goods/services).
• To determine how much you pay in filing fees (per class).
• Trademark classes also affect searching and assessing conflicts.

Please note that because fees are charged per class, over-inclusive listings also increase costs.

Trademark Class Examples by Industry

To explore all 45 classes, check the USPTO Goods and Services Section.

What Is a Specimen and When Is It Required?

To put it simply, a specimen is real-world evidence showing how your trademark is used with your goods or services. For use-based filings, a specimen is required at filing; for intent-to-use filings, it is required later when you prove use.

Some Examples of Acceptable Specimens

According to the USPTO Drawings and Specimens’ section:

For goods:

• Product labels, hangtags, or packaging displaying the mark.

• Photographs of the mark directly on the goods.

For services:

• Website screenshots showing the mark in the context of the services, with URL and date.

• Brochures, print ads, signage, or online ads that clearly associate the mark with the services.

NOTE: Businesses, especially if you are a small business, must register as “use in commerce”, which means use in the ordinary course of trade, not just a token or minimal use.

To learn more about it, explore the trademark logo and specimen guidelines.

What to Do If Your Trademark Gets Rejected? USPTO Office Actions

A USPTO office action is an official letter from an examining attorney identifying issues with your application.

Common reasons include:

• Likelihood of confusion with an existing registration or application.
• The mark is merely descriptive or generic for the goods/services.
• Improper or vague identification of goods/services.
• Issues with the specimen or drawing format.

What Deadlines Apply and How Do You Respond?

• Applicants generally have three months (with a possible paid extension) to respond to most office actions.
• A response typically must address each refusal and requirement in detail, often citing case law or USPTO rules.
• Failure to respond by the deadline results in abandonment of the application.

Check this in-depth guide on how to respond to office actions.

How Do You Maintain and Renew Your Trademark Registration?

To keep your US trademark registration active, you must file maintenance documents at specific intervals:

Between years 5 and 6:

• Section 8 Declaration of Use or Excusable Nonuse.
• Optional Section 15 Declaration of Incontestability (if requirements are met).

Between years 9 and 10 and every 10 years thereafter:

• Combined Section 8 Declaration of Use and Section 9 Application for Renewal.

What Happens If You Miss a Renewal?

If you do not file the required documents and fees by the deadline (including any allowed grace period), the USPTO will cancel your registration, and you may need to:

• File a new application,

• Pay new filing fees, and

• Risk losing priority to others who file before you.

To ensure you avoid such issues, check this in-depth guide on trademark renewal.

When Does Joint Ownership of a Trademark Make Sense

A trademark can be owned by more than one party (individuals or companies) when they jointly control and use the mark for the listed goods/services, such as:

• Partners in a joint venture using a shared brand.
• Co-founders of a business who haven’t yet formed a single entity.
• Two companies are co-branding a product line.

Pros and Cons of Joint Ownership of a Trademark

To learn more about this specific trademark ownership/control, check the joint ownership of the trademark.

Can Non-U.S. Applicants File for a U.S. Trademark?

Yes. A non-U.S. individual or company can apply to register a trademark with the USPTO, either:

• Directly, based on use in U.S. commerce or intent to use, or
• Via certain foreign applications or registrations (Sections 44(d), 44(e), or 66(a) under the Madrid Protocol).

Do Foreign-Domiciled Applicants Need a U.S.-Licensed Attorney?

Yes. Under USPTO rules, applicants whose domicile is outside the United States must be represented by a U.S.-licensed attorney in good standing for most trademark matters.

This requirement is intended to:

• Ensure compliance with U.S. law and procedural rules.
• Improve the quality of filings and reduce errors.

What Is the Identification and Domicile Rule?

The USPTO requires accurate information about the owner’s domicile address, which determines whether the foreign-applicant attorney requirement applies. If the domicile address shows residence or principal place of business outside the U.S., the applicant is treated as foreign-domiciled for this purpose.

Frequently Asked Trademark Registration Questions

1. Can I register a trademark myself?

Yes. The USPTO allows individuals to file their own applications. However, the USPTO recommends considering an attorney, and foreign-domiciled applicants must use a U.S.-licensed attorney.

2. Can I register a trademark without a business or before forming an LLC?

Yes. You can file as an individual owner if you are using the mark or have a bona fide intent to use it in commerce. An LLC is not a prerequisite for trademark registration, but ownership should match how the mark is actually used.

3. Do I need an LLC to get a trademark, and which should come first?

You do not need an LLC to register a trademark. Many founders form the LLC first to own the mark at the entity level; others file in their personal name and later assign the mark to an entity. The correct order depends on tax, liability, and business-planning considerations, not USPTO rules.

4. How much does it usually cost to trademark a name or logo?

USPTO base filing fees start at around $350 per class of goods/services, with total cost depending on the number of classes and any later filings (e.g., intent-to-use specimens, maintenance). Professional and legal fees are separate. Always verify the latest amounts on the USPTO’s Trademark fee information page.

5. What are the requirements to register a trademark?

In simplified form, you need:

• A mark that functions as a trademark and is not generic for the goods/services.
• A clear identification of goods/services in at least one class.
• A valid filing basis (use in commerce or bona fide intent to use).
• Required drawings and, for use-based filings, specimens.
• Payment of all required USPTO fees and timely responses to office actions.

6. Is it better to get an LLC or trademark my logo first?

From a legal-structure perspective, forming an LLC may come first to handle liability and ownership, but from a brand-protection perspective, early trademark filing as soon as you commit to a brand is critical. Because trademark rights hinge on use and/or filing dates, delaying registration can be costly. There is no single “right” sequence; align your LLC and trademark strategies with business timelines.

7. Where is the “patent and trademark office near me”?

Most trademark filings and communications occur online. If you want in-person or local help, USPTO works with Patent and Trademark Resource Centers (PTRCs) hosted in libraries and similar institutions across the U.S., which can provide access to USPTO resources and basic guidance.