What is trademark and how to get it in (2025)

A trademark is a unique sign logo symbol word or phrase that identifies and distinguishes a business or product from others in the market It serves - please scroll down to read more

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A trademark is a unique sign, logo, symbol, word, or phrase that identifies and distinguishes a business or product from others in the market. It serves as an essential asset for businesses to protect their brand identity and prevent unauthorized use by competitors.


Why is Trademark Registration Important?

Registering a trademark in the US provides several benefits, including:

  • Legal Protection – Prevents others from using your brand name or logo without permission.

  • Brand Recognition – Enhances customer trust and distinguishes your business in the marketplace.

  • Exclusive Rights – Grants exclusive nationwide rights to use the trademark in commerce.

  • Ability to Take Legal Action – Provides legal grounds to sue in case of trademark infringement.

  • Business Value Growth – Increases brand value and credibility over time.


How to Register a Trademark in the US

The United States Patent and Trademark Office (USPTO) oversees trademark registration. Here’s a step-by-step guide to registering a trademark in the US:

Step 1: Conduct a Trademark Search

Before applying, check if your desired trademark is already in use:

  • Visit the USPTO Trademark Electronic Search System (TESS).

  • Search for similar trademarks to avoid potential conflicts.

  • If the trademark is available, proceed with registration.

Step 2: Determine Your Trademark Type

You can register:

  • Word Mark – Protects the name or phrase (e.g., Nike, Coca-Cola).

  • Design Mark (Logo) – Protects the visual design of a logo.

  • Combination Mark – Covers both the name and logo together.

Step 3: Choose the Right Filing Basis

  • Use in Commerce – If you are already using the trademark in business.

  • Intent to Use – If you plan to use the trademark in the future.

Step 4: Prepare and Submit the Application

  • File your application through the USPTO’s Trademark Electronic Application System (TEAS).

  • Provide details including the trademark name, logo (if applicable), and business category.

  • Pay the filing fee ($250–$350 per class of goods/services).

Step 5: USPTO Examination Process

  • A USPTO examining attorney will review your application (typically within 3–6 months).

  • If approved, the application moves to the public opposition period (30 days for objections).

  • If no objections arise, the trademark is registered.

Step 6: Maintain Your Trademark

To keep your trademark active, you must:

  • File a Declaration of Use (Section 8) between the 5th and 6th year.

  • File a Renewal Application (Section 9) every 10 years.


Final Thoughts

A registered trademark is a vital asset for any business, protecting brand identity and enhancing long-term growth. By following the USPTO trademark registration process, businesses can secure exclusive rights to their brand name and logo, ensuring legal protection and market recognition.

Looking to register a trademark for your business? Start the process today and safeguard your brand’s future!

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Jess Gosswick

A very profound and keen observer and writer on ecommerce.

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