Registration of Trademark: Process, Rights, and Protection

Key Takeaways

• The registration of trademark legally protects your brand name, logo, or slogan and grants exclusive nationwide rights to use it.
• Trademarks can be registered at the federal, state, or international level through systems like the USPTO or WIPO’s Madrid System.
• The process involves searching existing trademarks, preparing a detailed application, and responding to any Office Actions from the USPTO.
• Proper registration can prevent competitors from using confusingly similar marks and allows for legal enforcement in federal court.
• Trademark protection typically lasts 10 years and can be renewed indefinitely as long as the mark is actively used in commerce.
• Costs vary based on the number of classes of goods/services, ranging from $250–$350 per class when filing online via the TEAS system.
• An attorney can help with complex filings, respond to examiner objections, and ensure stronger long-term protection.

Trademarks registration allows you to secure legal protection for your company's logo, slogan, or other marks that represent your business. A trademark is a distinguishing sign that is used to identify and differentiate the products and services of one company from those of other companies. Trademarks are protected intellectual property.

You can claim a trademark using “TM” or “SM” to let the public know that it's yours, regardless of whether or not you've registered it with the U.S. Patent and Trademark Office. However, the familiar "®" symbol is only for use after you've officially registered the mark and received approval. You may only use the registration symbol with the mark if it's related to the goods or services you provided with the registration.

How Can I Protect My Trademark?

On the national level, trademark protection comes from registration, which requires filing with a national or regional trademark office and paying the associated fees.

On the international level, there are two options: you can either file a trademark application with each country in which you intend to conduct business, or you can use WIPO's Madrid System. 

Federal vs. State Trademark Registration

When considering the registration of trademark protection, businesses can choose between federal and state registration.

• Federal registration with the U.S. Patent and Trademark Office (USPTO) offers nationwide protection, the ability to use the ® symbol, and the right to bring legal actions in federal court.
• State registration, typically handled by the Secretary of State’s office, provides protection only within that state. It’s usually cheaper and faster but offers limited coverage.

For businesses operating across multiple states or online, federal registration is generally the best choice. However, small local businesses may benefit from starting with a state-level registration while they grow.

What Rights Does Trademark Registration Provide?

A federal trademark registration on the Principle Register has many benefits:

Notice to the registrant's claim of ownership

Legal presumption of the registrant's ownership of the mark and the exclusive rights to it nationwide for its services and goods

The ability to bring action related to the mark in federal court

The ability to obtain registration in other countries

The ability to file with the U.S. Customs and Border Protection to prevent the import of foreign goods that infringe on the trademark

Trademark Enforcement and Infringement Actions

The registration of trademark rights also strengthens your position in enforcing your brand. Once your trademark is registered, you can:

• File a lawsuit against anyone using a confusingly similar mark without permission.
• Request removal of infringing products from online marketplaces and social media platforms.
• Record your trademark with U.S. Customs and Border Protection to block imports of counterfeit goods.
• Rely on your registration as prima facie evidence of ownership and exclusive rights in court.

Infringement occurs when another party’s use of a mark is likely to confuse consumers about the source of goods or services. Remedies may include injunctions, monetary damages, and, in severe cases, destruction of counterfeit goods.

How Long Does Trademark Protection Last?

Trademark protection varies, but it typically lasts ten years. It can be renewed indefinitely, with a renewal process and fees. Trademark rights are private, and protection is provided through court orders.

Maintaining and Renewing Your Trademark

Trademark protection under the USPTO lasts for ten years from the registration date, but it can be renewed indefinitely with proper maintenance filings.

To maintain federal trademark rights, you must:

1. Submit a Declaration of Use (Section 8) between the fifth and sixth years after registration.
2. File a Renewal Application (Section 9) every ten years.
3. Continue actively using the mark in commerce to avoid cancellation.

Failure to file these documents can lead to loss of your registration. It’s best to calendar these deadlines and keep records of trademark usage as evidence.

What Kinds of Trademark Can Be Registered?

A trademark can be a combination of the following:

Words

Letters

Numerals

Drawings

Symbols

Three-dimensional shapes

Packaging

Sounds 

Fragrances

Color shades

Non-Traditional and International Trademarks

Beyond standard word marks and logos, you can register non-traditional trademarks such as:

• Sounds (e.g., NBC’s chime sequence)
• Colors (e.g., Tiffany blue for packaging)
• Scents (distinct fragrances identifying a product)
• Holograms or motion marks

For businesses expanding globally, consider international registration under the Madrid System, administered by the World Intellectual Property Organization (WIPO). This system allows you to file one application that can extend protection to over 120 member countries, simplifying multi-jurisdictional filings.

How to Register a Trademark for a Company Name

Registering for a trademark is fairly easy. Most businesses can file an application online in under 90 minutes, without the help of a lawyer. 

The easiest way to register is on the U.S. Patent and Trademark Office's site. This office reviews trademark applications and decides if an application meets the requirements for registration.

Before you begin the online registration, use the Trademark Electronic Search System database to ensure that your trademark isn't similar to a registered trademark within the same category of goods and services. This search will give you text and images of registered trademarks, as well as pending marks and abandoned applications.

If you come across a mark that may conflict with your intended mark, you can check the status of the application and see if the registration is “live.” If it's not, it can't be used to block your application.

A full search will show you any similar marks, not just those that are identical. This search is a little more in-depth than searching for something like a domain name.

If you have a design element for your mark, you need to use a design code for your search. For help searching for a design code, use the Design Search Code Manual, which indexes the categories, divisions, and sections for these codes. 

U.S. trademark protection is granted to the first entity to use a specific mark in their operating region, regardless of whether or not it's registered. A use-based application must include several things:

A sworn statement that the mark is used for commerce

The date of the first use of the mark anywhere

The date of the first use of the mark in commerce

If your mark is already registered with another entity, your registration will be rejected. You may want to proceed with a lawyer in this case. 

Online registration costs between $275 and $325. It requires information about the categories of goods and services associated with the trademark, the date of its first use in commerce, and whether there's a design component for the trademark. 

You should receive a status for your application within six months of filing, based on the information on the U.S. Patent and Trademark Office site. 

Steps in the Trademark Registration Process

The registration of trademark process with the USPTO generally follows these steps:

1. Conduct a comprehensive trademark search through the Trademark Electronic Search System (TESS).
2. Prepare and file your application using the Trademark Electronic Application System (TEAS). You’ll choose between:
   • TEAS Plus ($250 per class) – lower cost, but stricter filing requirements.
   • TEAS Standard ($350 per class) – higher cost, but more flexible.
3. Wait for USPTO review (usually 6–9 months). An examiner will check for conflicts or technical issues.
4. Respond to any Office Actions, which may request clarifications or reject the application based on existing marks.
5. Once approved, your trademark is published in the Official Gazette for a 30-day opposition period.
6. If no oppositions are filed, the mark proceeds to registration, and you’ll receive your Certificate of Registration.

Common Mistakes to Avoid

Many applications are delayed or rejected because of avoidable errors. Be sure to:

• Use the correct owner name and legal entity (individual or company).
• Accurately describe goods or services within the proper class.
• Submit clear, high-quality images of the mark.
• Avoid generic or descriptive names that cannot be trademarked (e.g., “Best Coffee”).
• Keep your contact information current with the USPTO.

Hiring an experienced trademark attorney can help prevent these issues and ensure smoother approval.

Frequently Asked Questions

1. How much does it cost to register a trademark?
   The USPTO charges $250 to $350 per class depending on whether you use the TEAS Plus or TEAS Standard form. Additional fees apply for international or state filings.
2. How long does the trademark registration process take?
   It typically takes 6 to 12 months, but it can be longer if there are oppositions, Office Actions, or legal complications.
3. Can I trademark a slogan or phrase?
   Yes, slogans and taglines that uniquely identify your brand or product can be trademarked, as long as they are not generic or merely descriptive.
4. What happens if my trademark application is denied?
   You may respond to the USPTO’s Office Action with additional arguments or evidence. If denied again, you can appeal to the Trademark Trial and Appeal Board (TTAB).
5. Do I need a lawyer to register a trademark?
   While not required, hiring a trademark attorney can significantly increase your chances of successful registration and help protect your mark from infringement.

If you need help with the registration of trademark, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.