If you’re launching a brand, product, or service, you might be wondering: how do I file a trademark? At first glance, the process might look simple. Fill out a form, pay a fee, and you’re protected, right?
Not quite.
The trademark application process involves much more than paperwork. It includes clearance research, selecting the proper classes of goods and services, and navigating follow-up correspondence from the United States Patent and Trademark Office (USPTO). A single mistake can delay your registration or cost you the rights to your mark entirely.
In this guide, we break down the steps involved in filing a trademark and explain why many small business owners choose to work with an attorney to avoid pitfalls.
Step 1: Choose a Strong, Protectable Trademark
Before filing anything, make sure your trademark is eligible for protection. The USPTO won’t register marks that are generic or merely descriptive. You’ll have a much better chance of approval (and stronger rights) if you select a mark that is suggestive, arbitrary, or fanciful.
If you’re still deciding on a brand name or logo, read our guide on choosing a strong trademark.
Step 2: Conduct a Comprehensive Clearance Search
This is the step most DIY filers skip—and it often comes back to haunt them.
A clearance search helps determine whether your desired trademark is already in use by someone else. It includes:
- Direct-hit screenings in the USPTO database
- Search for similar-sounding or looking marks
- Common law and domain name searches
Without a proper search, you might unknowingly adopt a trademark that infringes someone else’s rights. This can lead to expensive rebranding or even lawsuits.
Learn more about trademark clearance searches and why they’re essential.
Step 3: Identify the Correct Goods/Services Classes
Every trademark must be tied to specific goods or services. These are divided into 45 “International Classes.”
- Clothing is in Class 25
- Business consulting is in Class 35
- Software as a service (SaaS) is in Class 42
Failing to accurately describe your goods or services or identify the correct class can sometimes lead to outright refusal of the application—resulting in the forfeiture of all filing fees. Worse, you might not find out until the USPTO reviews your application, often 6 to 12 months after filing. At that point, you would need to start the process over and pay a new filing fee.
Keep in mind: once the application is filed, you can narrow the description of goods, but you can never expand it.
A trademark attorney can help select the right classes and write accurate descriptions tailored to the USPTO’s standards.
Step 4: Prepare and Submit the Trademark Application
You can file your trademark online using the USPTO’s electronic filing system. As of 2025, all applications cost $350 per class if you use the pre-approved list of goods and services from the Trademark ID Manual. If you want to specify your own goods or services tailored to your business, there’s an additional fee of $200 per class, bringing the total to $550 per class.
You’ll need to provide:
- The mark you want to register (word mark or logo)
- The goods/services it will cover
- A filing basis (use in commerce or intent to use)
- A specimen showing use (if already in use)
- The applicable filing fee
The Register a Trademark page on our site makes this easy with guided packages.
Step 5: Respond to USPTO Correspondence (Office Actions)
After filing, the USPTO assigns an Examining Attorney to review your application. Within 4 to 8 months, you may receive an Office Action, which is a formal letter identifying issues with your application.
Common reasons include:
- Likelihood of confusion with another mark
- Descriptiveness or genericness
- Problems with your specimen or identification of goods
Responding to these can be legally complex. Failing to respond properly, fully, or at all can cause your application to go abandoned.
For help handling these, visit our page on Office Actions & Refusals.
Step 6: Receive Approval or Notice of Publication
If your application is accepted, it will either register (if filed based on use) or move to a Notice of Publication (if intent-to-use). The Notice allows third parties to oppose the registration if they believe it conflicts with their own trademark.
If no oppositions are filed during the 30-day window, your mark either registers or is allowed (pending proof of use).
Step 7: Maintain and Monitor Your Trademark
Trademark registration is not a one-and-done process. You’ll need to:
- Monitor for potential infringement
- File maintenance documents between the 5th and 6th year
- Renew every 10 years
Visit our Trademark Registration page to learn more about what happens after registration.
Why It’s Smarter to Use an Attorney
Many small businesses try to save money by filing on their own, but the DIY approach can end up costing far more in the long run. An experienced trademark attorney:
- Performs thorough clearance searches
- Selects the correct classes and writes compliant descriptions
- Helps against receiving avoidable Office Actions
- Responds to USPTO refusals promptly and strategically
- Provides long-term guidance for protecting your brand
We offer flat-fee trademark packages that take the guesswork out of the process—and keep you focused on growing your business.
Ready to File? Let’s Make It Easy
If you’re serious about protecting your brand, don’t go it alone.
Schedule a consultation with Harrigan IP to discuss your application.
You can also start the process today by visiting our Register a Trademark page. We offer comprehensive packages for businesses that want everything handled from start to finish.
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