Navigating the United States Patent and Trademark Office (“USPTO”) Trademark Application Process

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When building a brand or starting a new business, many brand creators do not know where to start. Often times businesses start with a product/services idea or even a name for the product/company. Business owners end up hiring a marketing creator to create a logo with its name and center their business around this logo, only to realize that the name/logo they wish to use is either already registered or will be nearly impossible to register with the United States Patent and Trademark Office (“USPTO”). While many are hesitant to hire an attorney due to costs, it is actually more cost effective in the end to seek the guidance of an attorney to ensure: (1) the logo/name can be registered; (2) that you are not exposing yourself to a potential trademark infringement lawsuit; and (3) that your brand and business is protected from those trying to utilize and profit off of your business name/logo.

General Trademark Guidance: 

Trademark protection generally starts the date the application is filed, however it can also be protected if it is currently in use prior to the date of filing a trademark application with the USPTO.

The process from start to finish of getting a trademark registered typically takes  between12 to 18 months and is as follows:

1. File an Intent to Use Application which allows you to register a trademark before actually using it in commerce, reserving the name for later use. The base filing fee is $350 per class.

2. The USPTO examines the application and if it meets all requirements and is approved, the trademark is published in the Official Gazette, allowing others to oppose it. 

3. If no opposition is filed or if it's resolved, the USPTO issues a Notice of Allowance (NOA).

  • The NOA indicates that your trademark is eligible for registration, but you still need to show use. 

4. There is a 6 month deadline from the NOA date to file a Statement of Use (SOU) demonstrating that you've begun using the trademark in commerce.

5. Once you start using the trademark in commerce, you must file an SOU with evidence of that use. This is a $150 fee per class.

  • The SOU includes a statement of the date of first use and evidence of use (specimens). 
  • Specimens are photos showing the logo on clothing and a price tag for the clothing illustrating that it is being sold in commerce.  

6. If the SOU is approved, the trademark is registered, and a USPTO trademark registration certificate will be mailed. 

  • The registration is valid for 10 years and can be renewed. 

There are maintenance costs associated with keeping a trademark registered at the 5 year mark and 10 year mark. See fee summary in the link: https://www.uspto.gov/trademarks/fees-payment-information/summary-2025-trademark-fee-changes

While the trademark application is fairly straightforward, it can become complex due to the Office Actions issued by examining attorneys at the USPTO. These Office Actions generally contain case law and necessitate legal argument which can be challenging for a non-attorney to complete. Utilizing a trademark attorney for this process ensures that the application process goes smoothly and there is limited to no delay in registering your name/logo. Intellectual Property is vital nowadays in protecting your brand and is a good selling point for future acquisitions.

This is not legal advice. However, if you are seeking legal advice regarding compliance with USPTO trademark laws, or need assistance, please contact the attorneys at Schwartz Semerdjian Cauley Schena & Bush LLP.  This article was written by Carly Stacey.