Federal Trademark Registration: A Practical Guide for Small Business Owners

Federal trademark registration gives you rights that state registration and common law use don't — nationwide priority, the legal presumption of ownership, and the ability to sue in federal court. Here's what the process actually looks like.

Step 1: Clearance Search

Before filing, you need to know whether your mark is available. A clearance search examines the USPTO's database for existing registrations and pending applications that might conflict with your mark. It also looks at common law uses — marks that are in use but not registered. A mark can be unavailable even if it's not registered.

Step 2: Identify Your Goods and Services

Trademark applications are filed by class of goods or services. The USPTO uses an international classification system with 45 classes. You need to identify the specific goods or services your mark covers — and the description needs to be accurate and specific. Overly broad descriptions get rejected; overly narrow ones limit your protection.

Step 3: Choose Your Filing Basis

If you're already using the mark in commerce, you file based on actual use and include a specimen showing the mark in use. If you haven't started using it yet but have a bona fide intent to use it, you file an intent-to-use (ITU) application. Filing fees are paid per class. As of 2025, TEAS Plus applications cost $250 per class; TEAS Standard applications cost $350 per class.

Step 4: USPTO Examination

After filing, the USPTO assigns the application to an examining attorney. The examiner reviews the application for procedural compliance and substantive issues — primarily whether the mark is distinctive enough to be registered and whether it conflicts with existing marks. If the examiner has concerns, they'll issue an Office Action. Common issues include likelihood of confusion with an existing mark, descriptiveness of the mark, or problems with the specimen. You typically have three months to respond.

Step 5: Publication and Opposition

If the examiner approves the application, the mark is published in the Official Gazette for a 30-day opposition period. Any party who believes they would be harmed by registration can file an opposition during this window. Most applications aren't opposed, but it does happen — particularly in crowded markets.

Step 6: Registration

If no opposition is filed — or if an opposition is resolved in your favor — the mark proceeds to registration if you filed based on current use. If you filed on an intent-to-use basis, you'll receive a Notice of Allowance and have six months (extendable) to file a Statement of Use. The entire process typically takes 12 to 18 months from filing to registration.

After Registration

Registration isn't permanent without maintenance. Between the fifth and sixth years after registration, you must file a Declaration of Use (Section 8). Between the ninth and tenth years, you file a combined Declaration of Use and Application for Renewal (Sections 8 and 9). After that, renewals are due every ten years.