Understanding US Trademark Registration Before You File 

Let’s Understand this

Think about the brands you instantly recognize. A name, a logo, sometimes even a sound or a color. What makes them powerful is not just marketing. It is protection. At Ebizfiling, we often meet founders who have built strong brands but delayed trademark protection. The moment a competitor copies their name or logo, the panic begins. That is when one question comes up repeatedly: How do I secure my brand in the United States?

This guide explains US trademark registration, why it matters, and how you can register a trademark in the USA the right way.

What Is a Trademark and Why Does It Matter?

A trademark is more than a logo or brand name. It is your business identity. It tells customers where your goods or services come from and distinguishes you from competitors. A registered trademark legally protects names, logos, symbols, slogans, and even non-traditional marks like sounds, colors, or packaging styles.

Without registration, anyone can imitate your brand and force you into expensive disputes. At Ebizfiling, we see trademarks as brand insurance. You may not need it every day, but when you do, it saves everything you have built.

Is Trademark Registration Mandatory in the USA?

No, trademark registration is not mandatory.

You can use a trademark without registration and still get limited rights under common law. However, these rights are weak, local, and difficult to enforce.

When you complete US trademark registration, you gain:

• Legal ownership across the United States

• Exclusive rights to use the trademark

• Strong protection against infringement

• The right to use the ® symbol

• The ability to sell, license, or franchise your brand

For businesses planning to grow, raise funds, or expand online, registration is not optional. It is strategic.

Who Regulates Trademark Registration in the USA?

Trademark Company registration in the USA is governed by the United States Patent and Trademark Office (USPTO).

The USPTO accepts applications for:

• Word marks
• Logo and design marks
• Combination marks
• Certification and collective marks
• Non-traditional marks like sound, motion, color, scent, and shape

Ebizfiling assists businesses in navigating USPTO requirements without confusion or filing errors.

Filing Basis for US Trademark Registration

When you apply to register a trademark in the USA, you must choose a legal filing basis. This tells the USPTO why you are eligible.

• Use in Commerce: Choose this if your trademark is already being used in US interstate commerce or with US customers.
• Intent to Use: Choose this if you plan to use the trademark in the near future but have not started yet. This option allows you to secure rights early.
• Foreign Registration Basis: Applicable if you already own a registered trademark in your home country and want US protection.
• Foreign Application (Priority Basis): Used when a foreign application was filed within the last six months and you want the same priority date in the US.

Ebizfiling helps you select the correct filing basis to avoid rejection or delays.

Step-by-Step Process to Register a Trademark in the USA

Step 1: Trademark Availability Search

A thorough search is conducted to ensure no identical or confusingly similar trademarks already exist.

Step 2: Application Filing with USPTO

The application is filed online through the TEAS system.

• TEAS Plus offers lower fees but stricter requirements
• TEAS Standard offers flexibility at a higher fee

Step 3: Examination by USPTO

An examining attorney reviews your application and may issue objections called Office Actions.

Step 4: Publication in Official Gazette

If approved, the trademark is published for public review.

Step 5: Opposition Period

Third parties have 30 days to oppose the registration.

Step 6: Registration or Statement of Use

If intent-to-use was selected, a Statement of Use must be filed before final registration.

Documents Required for US Trademark Registration

To file a trademark application, you need:

• Applicant name and entity type
• Trademark image or word mark
• Description of the trademark
• Goods or services classification
• Filing basis

Ebizfiling reviews all documents before submission to reduce rejection risks.

Validity and Renewal of US Trademarks

A registered US trademark is valid for 10 years. It can be renewed indefinitely every 10 years by filing trademarks  renewal documents on time. Missing deadlines can lead to loss of trademark rights.

Cost of US Trademark Registration

Trademark fees depend on filing type and number of classes:

• TEAS Plus: $250 per class
• TEAS Standard: $350 per class

Additional costs may apply for intent-to-use filings, extensions, or statements of use.

Why Choose Ebizfiling for US Trademark Registration?

At Ebizfiling, we focus on accuracy, clarity, and long-term protection.

We help you with:

• Trademark search and analysis
• Filing basis selection
• USPTO application filing
• Office Action responses
• Renewal and compliance support

Your brand deserves protection that grows with your business.

Conclusion

US trademark registration is not just a legal formality. It is a strategic step to protect your brand identity, market position, and future growth. If you are planning to build a lasting presence in the United States, registering your trademark early saves time, money, and disputes later. Ebizfiling is here to help you register your trademark in the USA with confidence and clarity.

Suggested Read :

The Importance of USPTO Trademark Registration for Companies

Grounds for refusal of a Trademark Registration in India under Section 9 and 11

Trademark Registration and Renewal in the USA: A Complete Guide 

Why marketers should know about trademark basics in 2026?

FAQs: US Trademark Registration