Navigating the world of intellectual property can be complex, especially for entrepreneurs focused on building their businesses. This guide answers the most common questions about the USPTO trademark registration in the U.S., providing clear, actionable information to help you protect your brand effectively. Understanding these fundamentals is the first step toward securing your business’s most valuable assets.
Do you have to register a USPTO trademark in the US?
No, you are not legally required to register a trademark in the U.S. Common law rights automatically protect a name you use in commerce.
However, these rights are limited geographically and offer weaker protection than a federal trademark. Registering with the USPTO trademark provides nationwide rights and stronger legal remedies.
How much does it cost to register a USPTO trademark in the USA?
The cost depends on the filing option and the number of classes. TEAS Plus costs $250 per class, while TEAS Standard costs $350 per class. If you hire an attorney, expect to pay $500–$2,000 extra, depending on complexity.
Can a non-US citizen file a trademark?
Yes. Non-U.S. citizens can file a trademark in the United States. However, if you are not domiciled in the U.S., you must appoint a U.S.-licensed attorney to represent you before the USPTO.
How long does it take to trademark a business name?
On average, it takes 8–12 months for a federal trademark registration to be approved, provided there are no objections or legal disputes. For a detailed walkthrough of the entire process, see our Step-by-Step Guide to Registering a Company Trademark.
What happens if someone infringes on my trademark?
You can enforce your rights by sending a cease-and-desist letter, filing an opposition with the USPTO, or pursuing legal action in federal court for damages and injunctions. Learn more about your options in our guide on What Happens If Someone Infringes on Your IP.
Can I trademark my logo as well as my business name?
Yes, you can file separate applications, one for your word mark (business name) and another for your design mark (logo). Each requires its own filing fee.
What names cannot be trademarked?
Names that are generic, purely descriptive, deceptive, or confusingly similar to existing trademarks cannot be registered. To avoid these and other pitfalls, review the Common Mistakes to Avoid During Trademark Registration. Also, marks using government symbols or offensive language are prohibited.
Do trademarks expire?
Yes. Federal trademarks last 10 years from the registration date but must be maintained with periodic filings (Section 8 at 5 years and Section 9 every 10 years).
Conclusion
Ultimately, having clear answers to these fundamental questions empowers you to make informed decisions about protecting your brand identity. While the trademark process requires attention to detail and patience, the long-term protection it provides is invaluable for any serious business owner. By taking these steps, you secure not just a name or logo, but the very reputation and value your business represents.
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