Trademark Filing in the U.S. From Clearance to Registration.
A practical step-by-step process to file a trademark in the United States, avoid common errors, and improve your chances of successful registration.
Step by Step
US Trademark Filing Process
Clearance Search
Start with a USPTO and common-law search to check conflicts before filing. This reduces refusal and opposition risk.
Choose Filing Basis & Class
Select filing basis (use-in-commerce or intent-to-use), identify the right goods/services class, and draft precise descriptions.
File USPTO Application
Submit application through TEAS with owner details, mark format, classes, specimen (if required), and government fee per class.
Examiner Review & Publication
A USPTO examining attorney reviews your filing. If approved, the mark is published for opposition. Respond promptly to office actions if issued.
Registration or Notice of Allowance
Use-based applications can proceed to registration. Intent-to-use applications receive a Notice of Allowance, then require a Statement of Use.
Post-Registration Maintenance
Maintain your registration with Sections 8/15 filings and renewals under Section 9. Missed deadlines can lead to cancellation.
Preparation
Before You File
Preparing complete, accurate filing data upfront helps avoid delays, office actions, and re-filing costs.
What to Expect
Typical USPTO Timeline
Timeframes vary by application type, objections, and oppositions.
Avoidable Refusals
Most Refusals Are Decided Before You File
The USPTO filing fee is non-refundable and charged per class. These four decisions, all made before submission, account for the majority of refusals we see.
Deliverables
What We Handle
Frequently Asked Questions
Common questions about this service
How much does it cost to file a trademark in the US?
The USPTO charges a government filing fee per class, and that fee is per class rather than per application — filing in three classes costs three times the single-class fee. Professional fees for clearance, class selection and preparation sit on top. We scope the total against your goods and services before you commit.
Should I run a clearance search before filing?
Yes. Filing fees are non-refundable, so a refusal based on a prior confusingly similar mark costs you the fee and the months spent waiting for it. A clearance search across USPTO, state and common-law sources identifies that risk while you can still change the mark cheaply.
What is the difference between use-in-commerce and intent-to-use?
A use-in-commerce basis requires the mark to be in genuine commercial use at filing, evidenced by a specimen. Intent-to-use lets you file before launch and secure the priority date, but registration only issues once you file a statement of use with an acceptable specimen within the allowed window.
What makes a specimen acceptable?
The specimen must show the mark as actually used in commerce for the goods or services claimed — on packaging or point of sale for goods, in advertising or service delivery for services. Mock-ups, printer proofs and internal documents are refused, and a rejected specimen is one of the most common causes of delay.
How long does US trademark registration take?
Examination typically begins several months after filing. Where no office action issues and no opposition is filed, registration commonly follows within roughly a year; an office action or opposition extends that considerably. Timelines shift with USPTO workload, so we confirm current expectations at filing.
Can I file internationally from a US application?
Yes — the Madrid Protocol lets you extend a US application or registration into member countries through a single international application, with the priority date preserved if filed within six months of the US filing. Whether that is cheaper than direct national filings depends on how many countries you need.
Ready to File Your U.S. Trademark?
Get help preparing accurate filing data and navigating the USPTO process from clearance search to registration.
- Clearance search to reduce refusal and opposition risk
- Correct filing basis, class, and goods/services descriptions
- Guidance through examiner review and publication
- Support for registration and post-registration maintenance
Start Your Trademark Filing
Share your mark and goods/services, and our team will guide you through the next steps.
Start Trademark Filing🔒 All information submitted is held in strict confidence.