How to Apply
A trademark application is a form, a fee, and a specimen, but the order you do them in decides how much of the fee you get to keep. This walkthrough follows a single application from the clearance search through to the registration certificate, with the current 2025 fee structure and realistic timings at each stage.
Step 1: Clearance search and your filing basis
Search the federal register in USPTO Trademark Search for the same mark and for near matches in sound, appearance, and meaning, then check state registers, business names, domains, and social handles. The legal test is likelihood of confusion, so you are looking for marks used on related goods that a buyer might think come from the same source. Once the search looks clear, pick the basis that fits where your business actually stands today.
| Basis | When you use it | What it costs and what happens next |
|---|---|---|
| Section 1(a), use in commerce | The mark is already being used in interstate or foreign commerce with the goods or services. | You file a specimen with the application. If the mark is published and unopposed, registration issues directly. |
| Section 1(b), intent to use | You have a bona fide intent to use the mark but have not started selling yet. | No specimen at filing. If approved, you get a Notice of Allowance, then must file a Statement of Use at $150 per class or buy time with extension requests at $125 per class. |
| Section 44(d) or 44(e), foreign | You have a foreign application or registration in a Paris Convention country. | The U.S. application can claim the foreign filing date, and the identification usually has to match the foreign one. |
| Section 66(a), Madrid Protocol | You are extending an international registration to the United States through WIPO. | Filed through WIPO, examined by the USPTO, and you still need a declaration of use to keep it alive. |
Step 3: Pick your classes with ID Manual wording
- List every class you actually trade in today, and no classes you only hope to enter.
- Copy identification wording from the USPTO ID Manual rather than writing your own description.
- Be specific about what the goods or services are, because vague wording draws an identification objection.
- Check that your specimen will match the goods and services you are claiming, since a mismatch is a common refusal.
If your identification is not drawn from the ID Manual, the USPTO adds a $200 per class free-form fee on top of the base fee. Copying pre-approved wording costs nothing extra.
Step 4: File in Trademark Center and pay
- Create a USPTO.gov account, since the old TEAS forms were retired and applications now file through Trademark Center.
- Enter the owner name and legal entity type, the mark format such as standard character or stylized design, and your basis.
- Paste your ID Manual identification into each class and upload the specimen for a use-based filing.
- Pay the base application fee of $350 per class electronically, then save the confirmation screen and the email receipt.
- If you live outside the United States, arrange for a U.S.-licensed attorney to represent you, because the USPTO requires it.
One class costs $350 and each additional class costs another $350. A rushed multi-class filing is the most expensive way to learn that your name was already taken.
Step 5: What happens after you file
| Stage | What happens | Typical timing |
|---|---|---|
| Filing receipt and serial number | The USPTO records your filing and issues a serial number you can track in TSDR. | About 7 to 10 business days after filing |
| Assignment to an examining attorney | An attorney reviews the mark, the identification, the specimen, and any conflicts. | Roughly 3 to 6 months after filing |
| Office action, if any | You receive a letter listing refusals or requirements you must answer. | Response due within 3 months of the issue date |
| Publication in the Official Gazette | The mark is published and anyone who believes they would be harmed has 30 days to oppose. | Around 8 to 12 months after filing, if no issues remain |
| Registration or Notice of Allowance | Use-based applications receive a registration certificate; intent-to-use applications receive a Notice of Allowance first. | About 10 to 14 months for a clean use-based application, longer for intent-to-use |
A Notice of Allowance is not a registration. You must file a Statement of Use at $150 per class, or extension requests at $125 per class, and if you never file it the application goes abandoned and no registration ever issues.
Frequently asked questions
How long does a trademark application take?
A clean use-based application typically takes about 10 to 14 months from filing to registration. Intent-to-use filings take longer, because the Notice of Allowance and Statement of Use stages sit between approval and registration.
How much does it cost to file in 2026?
The base application fee is $350 per class. Add $200 per class if your identification is free-form, $100 per class for insufficient information, $150 per class for a Statement of Use, and $125 per class for each extension request.
Can I file before I start selling?
Yes, under Section 1(b) intent to use, as long as your intent is genuine and documented. You get a filing date now and file the specimen later, but the registration does not issue until you prove actual use.
Do I need a lawyer to apply?
U.S.-domiciled individuals and companies can file on their own. Foreign-domiciled applicants must be represented by a U.S.-licensed attorney, and anyone facing an office action usually benefits from professional help.
What happens if someone opposes my mark?
An opposition is a proceeding before the Trademark Trial and Appeal Board that runs like a small lawsuit. It can settle, and many do, but expect months of delay and real legal cost before the mark registers.
More in Trademark Registration
Classes & Goods/Services Search
Match your goods or services to Nice classes before you pay the class fees.
Specimens of Use Guide
What counts as real use in commerce, and what gets a specimen refused.
Specimen Checklist
Walk this list before you hit submit on a specimen.
Digital Mockups & Specimen Requirements
Website screenshots, renders and software specimens that actually pass.