How to Register a Trademark in the United States

​Trademarks are essential for protecting your brand identity, ensuring that your unique products or services are distinguishable from those of others. Registering a trademark in the United States grants you exclusive rights to your brand name, logo, or slogan, providing legal protection and preventing others from using similar marks. Here’s a step-by-step guide on how to register a trademark in the U.S., along with insights on the value of professional assistance from a trademark attorney.

Step 1: Understand What a Trademark Is​

​A trademark is a symbol, word, phrase, design, or combination thereof that identifies and distinguishes the source of the goods or services of one party from those of others. Common types of trademarks include:

• Word Marks: Brand names or slogans (e.g., Nike, Just Do It)
• Design Marks: Logos or symbols (e.g., the Nike swoosh)
• Composite Marks: Combination of words and designs

​Step 2: Conduct a Trademark Search

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• Search for Similar Marks: Look for trademarks that are phonetically similar or visually similar to yours.
• Check for Similar Goods/Services: Ensure that no similar marks exist in the same class of goods or services.
• Expand Your Search: Check domain names, state trademark databases, and business directories.

​Value of a Trademark Attorney:
Conducting a thorough trademark search can be complex and time-consuming. A trademark attorney can perform an in-depth search and provide a legal opinion on the likelihood of successfully registering your mark. Their expertise can help you avoid potential conflicts and save you from costly legal battles down the road.

​Step 3: Prepare Your Application

Once you’ve confirmed that your mark is unique, you can prepare your trademark application. The USPTO provides an online application system called the Trademark Electronic Application System (TEAS). You’ll need to choose the appropriate form based on your needs.
Key Information to Include:

• Owner Information: Name, address, and legal entity type (e.g., individual, corporation).
• Mark Information: Clear representation of the mark (e.g., logo image or typed word).
• Goods/Services: Detailed description of the goods or services associated with the mark.
• Basis for Filing: Indicate whether you are already using the mark in commerce (use-based) or intend to use it in the future (intent-to-use).

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​Value of a Trademark Attorney:
Preparing a trademark application requires careful attention to detail to avoid errors that could delay the process or result in rejection. A trademark attorney can ensure your application is correctly completed and all necessary information is included, increasing the likelihood of approval.

​Step 4: File the Application

Submit your completed application through TEAS. Be prepared to pay the required filing fees, which vary depending on the type of application and the number of classes of goods/services.
Filing Options:

• TEAS Plus: Lower filing fee, but requires more information upfront and adherence to strict guidelines.
• TEAS Standard: Higher fee, but allows more flexibility in providing information.

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​Requirement for Foreign Applicants:
If you are a foreign applicant, the USPTO requires you to be represented by a U.S.-licensed attorney. This requirement ensures that your application complies with U.S. trademark laws and procedures.

​Step 5: Monitor Your Application

After filing, you’ll receive a receipt with your application serial number. The USPTO will assign an examining attorney to review your application. This process can take several months.
Key Steps in the Review Process:

• Examination: The examining attorney checks for compliance with trademark laws and potential conflicts.
• Office Actions: If there are issues, the attorney will issue an Office Action detailing the problems. You must respond within six months.
• Publication: If approved, your mark is published in the Official Gazette, allowing others to oppose the registration.
• Opposition Period: Third parties have 30 days to file an opposition or request an extension.

​Value of a Trademark Attorney:A trademark attorney can help you respond to Office Actions and guide you through the publication and opposition process. Their expertise can be invaluable in addressing legal challenges and ensuring your application progresses smoothly.

​Step 6: Final Registration

​If no opposition is filed, or if any opposition is resolved in your favor, your trademark will proceed to registration. For use-based applications, you’ll receive a registration certificate. For intent-to-use applications, you must file a Statement of Use (SOU) to demonstrate that you are using the mark in commerce before receiving the certificate.

​Step 7: Maintain and Protect Your Trademark

Registration isn’t the end of the process. You must actively maintain and protect your trademark.
Key Maintenance Steps:

• Section 8 Declaration: File between the 5th and 6th year after registration to confirm use of the mark.
• Section 15 Declaration: Optional, filed after five years to make the registration incontestable.
• Renewal: File for renewal every ten years to keep the registration active.

Value of a Trademark Attorney:A trademark attorney can help you keep track of maintenance deadlines and ensure that all necessary documents are filed on time. They can also assist in enforcing your trademark rights against potential infringers, protecting your brand’s integrity and value.

Parting Thoughts

Registering a trademark in the United States is a critical step in protecting your brand. By following these steps and enlisting the help of a trademark attorney, you can ensure that your mark is legally protected, providing you with the exclusive right to use it in connection with your goods or services. Remember, maintaining your trademark is an ongoing process that requires attention and diligence. For foreign applicants, working with a U.S.-licensed attorney is not only beneficial but also a requirement. Their expertise can help you navigate the registration process smoothly and efficiently.  AMZ Sellers Attorney® provides a fixed fee trademark registration service, covering trademark searches, responses to USPTO Office Actions and Amazon or Walmart brand registry support.  Call, chat or submit your request here for a free consultation with an expert.