What a US trademark does for your business
A federal trademark registration with the United States Patent and Trademark Office (USPTO) gives you the legal right to stop others from using a confusingly similar name or logo for related goods or services anywhere in the US. Forming an LLC does not do this. Your state filing only stops another company from registering the exact same company name in that one state.
If you sell on Amazon, run a SaaS product or plan to raise money, your brand is an asset. A registration makes it easier to enforce, license and sell. Amazon Brand Registry, for example, relies on a pending or registered trademark.
Who this is for
- Founders outside the US who sell to US customers under a brand name.
- Amazon and Shopify sellers who want Brand Registry and protection from copycat listings.
- Software and app companies whose product name is how customers find them.
- Anyone who has already had a name dispute and wants to avoid a second one.
Foreign owners need a US-licensed attorney
Since 2019 the USPTO has required applicants whose domicile is outside the US to be represented by an attorney licensed in a US state. This applies even when the applicant is a US LLC whose principal place of business is abroad. A filing made without one is refused until an attorney is appointed.
BookMyLLC prepares your application and coordinates the filing with a US-licensed trademark attorney, so this requirement is covered from the start. We are not a law firm, and nothing on this page is legal advice.
What BookMyLLC handles
- A knockout search of the USPTO database for identical and similar marks.
- Help choosing the right classes and writing a description of goods or services the USPTO accepts.
- Collecting your specimen of use, or setting up an intent-to-use filing if you have not launched yet.
- Coordinating the filing and any response to an office action with the attorney.
- Reminders for the post-registration maintenance deadlines.
Step-by-step process
- Search. We check the USPTO register for marks that could block yours. A conflict found now costs far less than a refusal after filing.
- Pick a filing basis. Use in commerce if you already sell to US customers under the mark. Intent to use if you plan to.
- Choose classes. Goods and services are grouped into 45 international classes. The government fee is charged per class, so we help you cover what you need without paying for classes you do not.
- File. The application goes to the USPTO electronically with the owner details, mark, classes, description and specimen.
- Examination. A USPTO examining attorney reviews it. If there is a problem, they issue an office action, which usually needs a response within three months.
- Publication. Approved marks are published in the Official Gazette for 30 days so others can oppose.
- Registration. If no one opposes, a use-based application registers. An intent-to-use application first needs a Statement of Use once you start selling.
Government fees
Since January 18, 2025 the USPTO charges one base application fee per class, plus surcharges when an application is incomplete. Our service fee is separate; see current pricing.
| USPTO fee | Amount per class |
|---|---|
| Base application fee | $350 |
| Insufficient information surcharge | $100 |
| Free-form description (not from the ID Manual) | $200 |
| Each extra 1,000 characters of description | $200 |
| Section 8 declaration or Section 9 renewal | $325 each |
Using pre-approved descriptions from the USPTO's ID Manual avoids the free-form surcharge in most cases, which is one of the main reasons to have the description written carefully.
Documents and information you need
- The exact mark: the word, or a clear image of the logo.
- The owner's legal name and address. This is usually your LLC or corporation, not you personally.
- A description of what you sell under the mark.
- For use-based filings, a specimen: a screenshot of your website checkout, product packaging or an app store listing showing the mark.
- The date you first used the mark anywhere and in US commerce, if applicable.
Timeline
Filing itself takes a few days once your details are ready. The USPTO then typically takes several months before an examining attorney first reviews the application, and a clean application often takes about a year or more to register. The USPTO publishes its current wait times on its website. Office actions and oppositions add time.
Common mistakes to avoid
- Filing in your personal name when the business owns the brand. Assigning it later is extra paperwork.
- Descriptive names. A name that simply describes the product, like "Best Tax Software", is usually refused.
- Weak specimens. A mock-up or a page with no way to buy is often rejected.
- Missing maintenance deadlines. A Section 8 declaration is due between the fifth and sixth year after registration. Miss it and the registration is cancelled.
- Ignoring scam notices. Private companies send official-looking invoices to trademark owners. Real USPTO correspondence comes from uspto.gov addresses.
Related services
Most founders register the trademark to the company that owns the brand. If you have not formed it yet, start with US LLC formation or a Delaware C-Corp. You will also want an EIN and a US business address for your brand pages. Not sure where to start? Book a call.
US trademark at a glance
| Question | Short answer |
|---|---|
| What it protects | A brand name, logo or slogan used to identify goods or services. |
| Where it is filed | The United States Patent and Trademark Office (USPTO). |
| Who can file | Anyone, but owners based outside the US must use a US-licensed attorney. |
| Classes | Fees and scope depend on the number of classes of goods or services you cover. |
| How long it lasts | It can be renewed indefinitely, with maintenance filings due between the fifth and sixth year and every ten years after. |
| Is registration guaranteed? | No. An examining attorney reviews each application and may refuse or ask for changes. |
Which filing basis fits your brand
| Basis | When to use it | What you must show |
|---|---|---|
| Use in commerce | The brand is already sold or advertised in the US | A specimen showing how the mark is used and the date of first use |
| Intent to use | You plan to launch in the US but have not yet | A genuine plan; you later file a statement of use before registration |
Choosing the wrong basis is a common reason for delay. If you are unsure whether your sales count as use in US commerce, we confirm that before filing.
Search before you file
A trademark search looks for existing marks that are identical or similar for related goods and services. Examining attorneys refuse marks that are likely to be confused with an earlier registration, and a refusal does not return your filing fee. Searching first costs far less than a rejected application, and it can also tell you whether the name is safe to build a brand around.
A registered mark also helps on marketplaces: many brand programs ask for a registration or a pending application before they let you enrol. See our LLC formation page if the company that will own the mark does not exist yet, since the applicant should be the entity that owns the brand.
What happens after you file
The USPTO assigns your application to an examining attorney after a waiting period that has been several months in recent years. The attorney checks the application form, the goods and services description and whether the mark conflicts with earlier registrations. If there is a problem, you receive an office action with a deadline to respond. Many applications receive at least one, and a prompt, well-argued response often resolves it.
If the application passes examination, it is published so that others can oppose it. When no one does, a registration certificate issues. We track each deadline and tell you what the USPTO has asked, so a missed response does not abandon the application.
