Trademark Registration: How to Protect Your Brand

A trademark is often a business's most valuable asset. It's what customers recognize, what competitors try to imitate, and what lawyers spend careers fighting over. Yet many businesses don't register their trademarks until they have a problem — and by then, the cost of litigation or rebranding far exceeds what proactive registration would have cost. Here's what you need to know about registering and protecting trademarks.

Before You File: Search First

Before spending money on registration, search. Use the USPTO's TESS database to search for similar marks in your class of goods or services. Look not just for identical marks but for phonetically similar marks, marks that look similar, and marks in related classes. Consider hiring a trademark attorney to conduct a more thorough clearance search that includes common law uses that don't appear in the federal database.

Filing Your Application

The USPTO uses the Nice Classification system for categorizing goods and services. Each class has a filing fee. A use-in-commerce application costs $250-$350 per class, depending on the number of items. An intent-to-use application, for marks you haven't yet used but plan to, costs $250-$350 per class plus additional fees when you later submit proof of use. The examination process takes 6-12 months, during which an examiner will review your application for conflicts with prior marks and other issues.

Specimen Requirements

To register, you must demonstrate use of the mark in commerce. The USPTO has specific specimen requirements: images showing the mark as used on goods must show the mark physically on the goods or packaging; for services, specimens typically include advertising materials that show the mark in connection with the service. Mockups and designs don't qualify — you need real-world use.

Post-Registration Maintenance

Trademark registration isn't permanent. Between the 5th and 6th year after registration, you must file a Section 8 declaration confirming continued use. Between the 9th and 10th year and every 10 years thereafter, you must file combined Section 8 and Section 9 applications. Failure to file these documents results in cancellation of the registration.