How to Trademark a Name: The Complete USPTO Filing Guide

Most people start the trademark process backwards. They pick a name, build a brand around it, then file an application with the USPTO. Somewhere around month four, they get an office action telling them the name is too similar to an existing registration. Roughly 60% of all trademark applications receive at least one office action. That's not bad luck. That's poor preparation.

If you're learning how to trademark a name for the first time, this guide covers the entire USPTO filing process in 7 steps, from the clearance work you need to do before you touch the application to the registration certificate you receive at the end. You'll learn exactly what forms to use, what they cost ($250 or $350 per class, depending on your form), and what happens at every stage of the 8-to-12-month timeline.

The USPTO received over 612,000 trademark applications in 2025. If you're about to become one of those filers for the first time, this is the guide that will keep you from wasting your filing fee.

I'll use a consistent example throughout: a fictional company filing "RELAY" as a trademark for project management software in Class 9.

What You Need Before You File

Filing a trademark application takes about 90 minutes if you're prepared. It takes weeks of frustration if you're not. Here's what to have ready before you open the TEAS form.

Run a clearance search first. This is the single most important step, and the one most people skip. A trademark clearance search tells you whether your proposed mark conflicts with existing registrations, pending applications, or common law marks. If you file without searching and a conflict exists, you lose your filing fee, your time, and potentially months of brand-building work.

For our example: before filing "RELAY" for project management software, you'd search the USPTO database for identical and similar marks in Class 9 and related classes. You'd also check state registrations, domain names, and common law use. If you find an existing registration for "RELAY" in Class 9 for software, that's a hard stop. Section 2(d) likelihood of confusion is the most common basis for refusal at the USPTO.

Identify your goods and services. The USPTO doesn't register trademarks in the abstract. You register a mark for specific goods or services, organized by Nice classification, the international system for categorizing what you sell. Class 9 covers software. Class 25 covers clothing. Class 35 covers retail services. Your application must describe exactly what goods or services you use the mark with.

Be specific. "Computer software" is too vague. "Downloadable computer software for project management and team collaboration" is what the examiner wants to see. TEAS Plus applications require you to pick descriptions from the USPTO's pre-approved ID Manual. More on that below.

Choose your mark format. You have two main options:

• Standard character mark: Protects the word(s) regardless of font, size, color, or style. If you file "RELAY" as standard character, you're protected whether you write it in Helvetica, hand-lettered script, or neon pink all-caps.
• Design mark (special form): Protects a specific logo or stylized version. If your logo has a distinctive arrow graphic with "RELAY" in a custom typeface, you'd file a design mark to protect that specific visual.

For most first-time filers, start with a standard character mark. It gives you the broadest protection for the word itself. You can always file a separate design mark for your logo later.

Section 1(a) vs Section 1(b): Which Basis Do You Need?

Your filing basis determines whether you need to prove you're already using the mark or plan to use it in the future. This choice affects your timeline, your costs, and what documents you need.

Section 1(a), use in commerce: You're already selling goods or offering services under this mark. You must submit a specimen (proof of use) with your application. For our "RELAY" example, if the software is already live and available for download, you'd file under 1(a) and include a screenshot of the app listing or website showing the mark in connection with the software.

Section 1(b), intent to use: You haven't started using the mark yet but have a bona fide intention to use it. You file without a specimen. If the mark is approved, you'll receive a Notice of Allowance instead of a registration. You then have 6 months (extendable up to 36 months with fees) to submit a Statement of Use with your specimen.

Section 1(b) costs more in the long run because of the Statement of Use filing ($100 per class) and potential extension fees ($125 per class per extension). But if you're still building your product and want to lock in a filing date, it's the right choice.

Specimens: what counts as proof of use. For goods (like software), acceptable specimens include:

• Screenshots of the product showing the mark
• Product packaging displaying the mark
• Website pages where the product is sold, with the mark visible
• App store listings showing the mark

For services, acceptable specimens include website pages, advertising materials, or brochures that show the mark used in connection with the services. A business card with just your logo on it typically does not qualify. The specimen must show the mark as customers actually encounter it when buying or using your product. For a detailed pre-filing checklist, including specimen requirements, check our separate guide.

How to File a Trademark: Step by Step Through TEAS

The USPTO's online filing system is called TEAS (Trademark Electronic Application System). You have two form options, and the choice matters more than most guides let on.

Which TEAS Form Should You Use?

TEAS Plus: $250 per class. The cheaper option, but it comes with strict requirements. You must select your goods/services descriptions from the USPTO's pre-approved Trademark ID Manual. You must provide an email address for correspondence. You must file all documents electronically. If you deviate from any TEAS Plus requirement later, the USPTO converts your application to TEAS Standard and charges you the difference.

TEAS Standard: $350 per class. More expensive, more flexible. You can write custom goods/services descriptions. This is useful when your product or service doesn't fit neatly into a pre-approved description.

For "RELAY" project management software, you'd check the ID Manual first. If "downloadable computer software for project management" is listed (it is, or something very close), use TEAS Plus and save $100. If your product is unusual enough that no pre-approved description fits, go with TEAS Standard.

Walking through the form. Here's what the TEAS form asks for, section by section:

1. Owner information. The legal entity that owns the mark. This can be an individual, LLC, corporation, or partnership. Get this right. If you file as yourself personally but your LLC owns the brand, you'll need to fix this later, and corrections aren't always simple.

2. Mark information. The mark itself. For a standard character mark, you type the text. For a design mark, you upload an image in JPG or PNG format. You'll also declare the mark type and, if applicable, any color claims or foreign language translations.

3. Goods/services. The description of what you're registering the mark for, along with the Nice class. For TEAS Plus, you pick from the ID Manual. For TEAS Standard, you write your own. Either way, be precise. The examiner will scrutinize vague descriptions.

4. Filing basis. Section 1(a) or 1(b), as discussed above. If 1(a), you'll also declare dates of first use.

5. Specimen. Required for 1(a) filings. Upload a JPG or PDF showing your mark in actual use in commerce. The specimen must match the mark exactly as filed.

6. Fee payment. $250 or $350 per class, per filing. Filing in two classes costs double. Pay by credit card, deposit account, or electronic funds transfer.

7. Signature and filing. E-sign the application and submit. You don't need a notary. You're signing under penalty of perjury that everything in the application is accurate.

Common form mistakes. These are the ones that sink applications:

• Listing the wrong owner (personal name when a company owns the mark)
• Uploading a specimen that doesn't match the mark as filed
• Selecting the wrong Nice class (Class 42 for SaaS services vs. Class 9 for downloadable software)
• Not selecting the correct filing basis

After submission. The USPTO assigns a serial number immediately. This is your application's unique identifier for the next 8 to 12 months. You'll receive a filing receipt via email within 24 hours. The serial number is not a registration number. Your mark is not registered yet. You have a pending application.

The Trademark Registration Process After Filing

Filing the application is roughly 10% of the process. Here's what happens during the other 90%.

Examination (3 to 4 months after filing). Your application sits in a queue until a USPTO examining attorney reviews it. During this period, nothing happens. No news is expected. The examining attorney checks your mark against existing registrations, reviews your goods/services description, evaluates your specimen (if 1(a)), and determines whether your mark meets all requirements for registration.

If everything checks out, the examiner approves your mark for publication. If not, you get an office action.

The Most Common Office Actions and How to Handle Them

An office action is a letter from the examining attorney identifying problems with your application. Some are minor (fix a description), some are serious (your mark is confusingly similar to an existing registration).

The most common types:

• Section 2(d) likelihood of confusion. The examiner found an existing mark that's too similar to yours in related goods/services. This is the most common refusal. Your options: argue the marks are distinguishable, narrow your goods/services, or abandon the application. For "RELAY" in Class 9, if there's an existing "RELAY" for communications software, you'd have a tough argument.

• Merely descriptive refusal (Section 2(e)(1)). The examiner considers your mark descriptive of the goods/services rather than distinctive. A mark like "FAST PROJECT MANAGER" for project management software would likely get this refusal. You can argue acquired distinctiveness, submit evidence of secondary meaning, or agree to register on the Supplemental Register (which provides fewer protections).

• Specimen refusal. Your specimen doesn't adequately show the mark in use in commerce. Maybe the mark on the specimen doesn't match the application, or the specimen shows the mark used as a trade name rather than a trademark. Usually fixable by submitting a better specimen.

• Description of goods/services. The examiner wants you to clarify, narrow, or reclassify your goods/services description. Often minor. They might ask you to change "software" to "downloadable software" or reclassify from one class to another.

You have 3 months to respond to an office action (extendable to 6 months with a $125 fee). Miss the deadline and your application goes abandoned. No exceptions.

Publication for opposition (30 days after approval). Once the examiner approves your mark, it's published in the Official Gazette for 30 days. Anyone who believes they'd be harmed by your registration can file an opposition during this window. Most marks pass through without opposition. If someone does oppose, the case goes to the Trademark Trial and Appeal Board (TTAB), and you'll want an attorney.

After publication, your path splits:

• If you filed under Section 1(a): Your mark proceeds directly to registration. You'll receive a registration certificate approximately 8 to 12 weeks after publication.

• If you filed under Section 1(b): You receive a Notice of Allowance. You then have 6 months to file a Statement of Use (with a specimen proving you're now using the mark in commerce) and pay a $100 fee per class. You can request up to five 6-month extensions ($125 per class each), giving you a maximum of 36 months from the Notice of Allowance to begin use.

Full timeline breakdown:

For a complete breakdown of how trademark registration works, including edge cases and appeals, see our dedicated guide.

Trademark Filing Fees: What You'll Actually Pay

The government filing fee is the cheapest part. Here's the real cost picture.

USPTO filing fees:

Attorney fees (if you hire one):

• Simple filing (one class, standard character): $500 to $1,500
• Complex filing (multiple classes, design mark): $1,500 to $3,000+
• Office action response: $500 to $2,000 per action

Costs most people forget to budget for:

• Statement of Use filing (1b): $100 per class
• Extension of time to file SOU: $125 per class per extension
• Office action response extension: $125
• Section 8 maintenance declaration (between years 5 and 6): $225 per class
• Section 8 and 9 renewal (every 10 years): $525 per class

A single-class TEAS Plus filing with no complications and no attorney runs $250. A single-class filing with an attorney, one office action, and a maintenance filing in year 6 can easily exceed $2,000. For a full breakdown of every fee, check our complete trademark cost guide.

5 Mistakes That Get Trademark Applications Rejected

These are the five most common preventable failures.

1. Filing without a clearance search. The single biggest waste of money in trademark filing. You spend $250 to $350, wait 3 to 4 months, and then an examiner tells you what a 20-minute search would have revealed: your mark conflicts with an existing registration. A proper clearance search checks the USPTO database, state registrations, and common law sources before you file.

2. Choosing the wrong filing basis. Filing under Section 1(a) when you haven't actually used the mark in commerce yet. The examiner will ask for a specimen. If you can't provide one because you haven't launched, your application stalls. If you're not selling yet, file under 1(b).

3. Vague or overbroad goods descriptions. "Software" is not a goods description. "Computer software for use in database management" is getting closer. "Downloadable computer software for project management and team collaboration" is what you need. The narrower and more accurate your description, the smoother your examination. Overbroad descriptions trigger office actions and invite Section 2(d) conflicts with marks you'd otherwise avoid.

4. Filing a descriptive mark without a strategy. If your mark describes what your product does (like "QUICK SCAN" for scanning software), expect a Section 2(e)(1) descriptive refusal. You can still register descriptive marks, but you need a plan: evidence of acquired distinctiveness (five years of exclusive use, advertising spend, sales figures) or willingness to register on the Supplemental Register. Filing a descriptive mark without either strategy wastes everyone's time.

5. Missing response deadlines. You get 3 months to respond to an office action. If you miss it, your application is abandoned. The USPTO sends these to your email of record. If that email is wrong, or you ignore the notice, there's no grace period. Calendar the deadline the day you receive the office action.

When You Need a Trademark Attorney

Not every filing requires a lawyer. But some definitely do.

DIY filing is reasonable when:

• Your mark is a coined word (like "RELAY") with no obvious conflicts
• You're filing in one class with a straightforward goods description
• You've done a thorough clearance search and found no conflicts
• You're comfortable navigating government forms

Hire an attorney when:

• Your clearance search turned up potential conflicts that need analysis
• You're filing in multiple classes or multiple jurisdictions
• Your mark is descriptive, suggestive, or could face a 2(d) refusal
• You've received an office action and don't know how to respond
• Someone has filed an opposition against your mark
• You need to understand whether your name is already trademarked and what that means for your filing

What attorneys actually do during filing. A trademark attorney doesn't just fill out the form. They evaluate whether your mark is registrable, select the strongest filing strategy, draft precise goods/services descriptions, prepare arguments for potential office actions, and monitor your application through publication. The $800 to $1,500 you spend on an attorney can save you thousands in failed applications and rebrands.

This guide is educational, not legal advice. Consult a trademark attorney for legal guidance specific to your situation. Every filing has unique circumstances that a guide cannot account for.

After Registration: Maintaining Your Trademark

Getting your registration certificate is not the finish line. It's the start of maintenance.

Maintenance filings are mandatory. Between years 5 and 6 after registration, you must file a Section 8 Declaration of Continued Use ($225 per class) proving you're still using the mark. Miss this and your registration is cancelled. Then, between years 9 and 10, you file a combined Section 8 and Section 9 Renewal ($525 per class). After that, you renew every 10 years. These deadlines are non-negotiable. The USPTO does not send reminders.

Registration gives you rights. Enforcement is up to you. A federal registration provides nationwide constructive notice, the right to use the (R) symbol, the ability to record with U.S. Customs, and grounds for federal court jurisdiction. But the USPTO doesn't police the marketplace for you. If someone starts using a confusingly similar mark, it's your responsibility to enforce. That means monitoring new filings, watching for infringing use, and taking action when conflicts arise.

Your trademark is a business asset. A registered trademark can be licensed, sold, used as collateral, and passed to successors. Treat it like the asset it is. Maintain it. Monitor it. Protect it. For a broader understanding of what a trademark is and the rights it grants, see our foundational guide.

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Filing a trademark with the USPTO is a structured process with clear steps: search, prepare, file, respond, register, maintain. The 8-to-12-month timeline rewards preparation. Every hour you spend on clearance and goods/services descriptions before filing saves you weeks of office action responses after.

If you're building tools that need trademark search data, Signa provides an API for searching the USPTO database programmatically at signa.so.

This article is for educational purposes only and does not constitute legal advice. Trademark law is complex and fact-specific. Consult a qualified trademark attorney before making filing decisions.