How To Get a Trademark in 2026: A 5-Step Guide

A trademark is a registered identifier, such as a name, logo, slogan, or symbol, that gives a business legal rights to use it for specific goods or services.

The United States Patent and Trademark Office (USPTO) received more than 820,000 trademark applications in fiscal year 2025. More than 3.6 million marks are active on the federal register as of the second quarter of 2026.

This guide explains how to get a trademark and what to know before applying.

The 4 types of trademarks

The USPTO recognizes four types of marks, all governed by the same registration process but used in distinct ways: 

1. Trademark. A trademark is any word, phrase, symbol, design, or combination that identifies the source of a physical product, like Coca-Cola on a bottle or Nike’s swoosh on a shoe. 
2. Service mark. This is identical to a trademark, except it covers an intangible activity rather than a product like a marketing agency’s name or a logistics company’s logo. 
3. Collective mark. A collective mark indicates that the goods or services come from a member of a particular group, like FTD, used by florists in the Florists’ Transworld Delivery network. 
4. Certification mark. A certification mark indicates that the product meets a defined standard. For example, USDA Organic, Fair Trade Certified, and UL are all certification marks. 

Trademark protection: registered vs. unregistered

US trademark rights arise from use in commerce, but that protection can be limited depending on if the mark is registered or unregistered.

You can also seek trademark protection in other countries through the Madrid Protocol, a system administered by the World Intellectual Property Organization (WIPO) that lets you file one application in one language for registration in up to 132 countries, representing more than 80% of global trade.

Unregistered (common law) trademarks

The trademark (™) symbol you see next to brand names and logos represents an unregistered mark, also called a common law trademark. 

Unregistered marks require neither any filing, nor any fee. They provide some protection, but the scope is limited. Common law rights extend only to the geographic areas where you do business, and begin as soon as you start selling goods or services under the name.

Registered trademarks

The registered (®) symbol is reserved for marks registered with the USPTO. 

Federal registration with USPTO extends those rights nationwide, creates a public record of ownership, and gives you stronger legal standing if you ever need to enforce the mark in court.

Read more: How to Protect Your Brand From Identity Theft Online

Why register a trademark for your business

Per the USPTO’s own list of benefits, federal registration gives you:

• Nationwide rights to the mark for the goods and services in your application
• The legal presumption of ownership in federal court
• The right to sue for infringement at the federal level
• The ability to record your mark with US Customs and Border Protection to block counterfeit imports
• Public notice through the USPTO database
• A foundation for filing internationally through the Madrid Protocol

It can also protect against bad-faith filings. According to IP partner Fred Rocafort of law firm Harris Sliwoski, fighting a trademark squatter or settling with one can typically cost “at least ten times as much as registering the trademark in the first place.”

How to get a trademark in 5 steps

The federal trademark registration process includes a USPTO examining attorney’s review, a public opposition window, and ongoing maintenance once your registration is granted. 

Businesses must also meet the filing requirements, such as picking a mark strong enough to register and confirming no one else has a claim on it. 

The five steps below cover what’s involved.

1. Choose a trademark that meets registration requirements

The USPTO sorts marks along a distinctiveness spectrum: strong marks that are easy to defend may be accepted, while weak ones that are hard to protect get refused.

These types of marks are strong and registrable:

• Fanciful. Invented words that don’t mean anything outside the brand, like Exxon for petroleum or Pepsi for soft drinks.
• Arbitrary. Real words used in a context that has nothing to do with their meaning, like Apple for computers.
• Suggestive. Marks that hint at a quality of the product without spelling it out, like Coppertone hints at sun-tanned skin without describing the oil.

These types of marks are weak and may be refused:

• Descriptive. Marks that merely describe what the product is, like Bed & Breakfast Registry for a lodging reservations service. These can sometimes be registered if you can prove the mark has gained distinctiveness through years of heavy use in commerce.
• Generic. Everyday names for the product or service itself, like Bagel Shop for a bagel shop.

The USPTO recommends weighing two other factors before committing: whether the mark can be remembered, pronounced, and easily spelled, and whether it translates well into foreign languages if you plan to sell internationally. 

2. Run a trademark clearance search

Before you file, you need to confirm no one else has a claim on the trademark. The USPTO calls this a “comprehensive clearance search.”

Start with by checking the USPTO’s database of federally registered and pending trademarks. 

This is the same tool the examining attorney will use when reviewing your application. Per USPTO’s own guidance, a comprehensive clearance search also covers state trademark databases, domain name registries, and internet search engines, among other databases. 

Consider searching these to confirm no one else is using the name you’d like to trademark:

• TMSearch, for federal marks
• State trademark databases—each state runs its own; start with the ones where you operate or plan to operate
• Google, for unregistered marks in active commercial use
• Social media handles on Instagram, TikTok, and X, for brand presence that doesn’t show up in legal databases 
• Tools like Namechk, to surface social profiles using your desired name
• Domain registries, to check if the .com is taken under an active business

The USPTO also has an AI image search that lets you upload an image to find visually similar marks. 

A comprehensive search can be difficult to complete on your own, and you may miss some edge cases. In that case, hiring a trademark attorney or specialized firm to perform the search for you may be an option.

3. File the trademark application

Federal trademark applications are filed through the USPTO’s Trademark Center, which replaced the older Trademark Electronic Application System (TEAS) in January 2025. The filing process requires a verified USPTO.gov account.

The application has seven base requirements you’ll need to submit:

1. Each applicant’s name, domicile address
2. The legal entity
3. Citizenship of each applicant, or the state or country of incorporation or organization of each juristic applicant
4. One or more filing bases, such as Section 1(a) if you’re already using the mark in commerce, or Section 1(b) if you have a bona fide intent to use it 
5. A filing fee of $350 per class of goods or services 
6. A verified statement signed by someone authorized to sign for the owner.
7. Goods and services classifications selected from the USPTO’s ID Manual within the Trademark Center.

Practical things you should know:

• Paper filings are no longer accepted, with narrow exceptions. Everything goes through the Trademark Center.
• Specimens. If you’re filing under Section 1(a), for example, you’ll need to submit a specimen showing your mark in commercial use like a product label, packaging, screenshot of a live product listing, or similar. Mock-ups and design files don’t count.

Go through the USPTO’s official registration toolkit to prepare for filing your trademark application. 

4. Respond to USPTO Office Actions

Once your application is filed, it goes to a USPTO examining attorney for review. If they find any compliance issues, you may get an office action, which is an official letter listing what’s wrong and what you need to fix before your trademark can register. 

You have three months from the issue date of the office action issues to respond, or your application will be declared abandoned. A three-month extension can be requested for a fee. 

5. Protect your registered trademark

The USPTO advises you do three things on an ongoing basis to keep your trademark enforceable:

• Keep using your mark in commerce. Federal trademark rights are tied to actual use. The USPTO requires maintenance filings between the fifth and sixth year after registration, and again between the ninth and 10th year, then every 10 years after that.
• Mark your trademark correctly. Use ™ for unregistered marks and ® for federally registered ones. Use ® only for the specific goods or services in your registration. 
• Police your mark. The USPTO won’t go after infringers for you. If you spot a knock-off selling under your name on Shopify, Amazon, Etsy, or anywhere else, the burden to act is yours. 

When there’s infringement on a Shopify store, Shopify has a dedicated reporting form. 

Per Shopify’s trademark and trade dress policy, the notice needs to include:

• Your legal name and contact information
• Direct links to samples of your registered mark
• Direct links to the specific content on the offending store that you believe infringes
• A description of how the content infringes

Once submitted, the report is reviewed and Shopify may take steps to remove the content.

How to trademark a logo, name, or phrase

The five-step process is the same whether you’re registering a word mark, a logo, or a slogan, but what you’re filing changes based on what you’re protecting.

How to trademark a logo (word marks vs. design marks)

When you file a trademark application, the USPTO asks you for a depiction or drawing of the mark. There are two options: standard character drawings and special form drawings.

• A standard character drawing covers the mark’s words, with no claim to any particular font, color, or styling. The USPTO’s database displays it in a generic typeface, but the registration protects the wording in any visual presentation you use it in.
• A special form drawing covers a specific visual, such as a stylized logo or an icon. The Nike swoosh, for example, is registered as a special form trademark.

Many established brands file for both types. For example, a quick search of the USPTO database for “Shopify” returns a number of live registrations, including the plain word mark SHOPIFY and the stylized Shopify logo with the green shopping bag, both owned by Shopify Inc.

How to trademark a business name

If you want a registered trademark of your business name, you need to file it as a word mark, which means the protection covers it in any font or style. The application process is the same five steps previously covered.

Check out Shopify’s free business name generator if you’re still trying to decide on your name. And remember to perform a comprehensive search to find any contenders.

How to trademark a phrase or slogan

Slogans can be difficult to trademark because the USPTO may refuse applications for phrases that are used in everyday speech and express ordinary sentiments. They must signal to consumers the source of goods or services.

For example, the following phrases are disqualifying:

• Drive safely
• Once a Marine, always a Marine
• Proudly made in the USA
• Think green

But slogans that are distinctive and tied to a specific brand can be registered, such as “Just do it” (Nike) and “It’s finger lickin’ good” (KFC). 

If you’re working on a tagline for a new product or brand, Shopify’s free slogan maker can help you generate options. Test your ideas against the USPTO’s distinctiveness criteria before filing, and consider whether the phrase is something a consumer would recognize as belonging to your brand.

How much does it cost to get a trademark?

A federal trademark application costs $350 per class of goods or services. But that might not be all you end up paying for when the application process is completed. 

Here are some other fees you may be charged:

• Insufficient information surcharge. $100 per class if your application is missing required details.
• Custom identification surcharge. $200 per class if you use the free-form text box instead of selecting goods from USPTO’s ID Manual.
• Extension to respond to office action. $125.
• Petition to revive an application. $250.
• Application fee filed with WIPO. $600 per class.

And these are some maintenance fees:

• Section 8 declaration of use, filed between the fifth and sixth year. $325 per class.
• Combined Section 8 and Section 9 renewal, filed between the ninth and 10th year, then every 10 years after: $650 per class.

TheUSPTO has warned filers about scammers who pose as USPTO officials and demand payment for fake “fees,” or try to gain your personal information. Cross-check any payment demand against the official fee schedule and your filing status using the Trademark Status & Document Retrieval page before sending money to anyone.

How long does it take to get a trademark?

Per the USPTO, federal trademark registration can take 12 to 18 months to complete. The agency may not even begin examining new applications until months after they’re submitted, and time will vary based on compliance and opposition claims.

Here’s what the application process looks like:

• Application review. After the USPTO confirms your application meets the minimum filing requirements, it’s forwarded to an examining attorney for review.
• Office action letter. If there are problems with the application, the examining attorney will issue an office action letter, and you have three months to respond, with an optional three-month extension if you need more time to reply.
• Publication in the Trademark Official Gazette. Once approved, your mark is published by the agency, opening a 30-day opposition window during which third parties can challenge it.
• Next stage. If no opposition is filed, or any opposition fails, the application enters the next stage. If your application was based on use in commerce, it may be approved. If it was based on intent to use, you will receive a notice of allowance and must use the trademark in commerce and submit a statement of use within six months, or request a six-month extension to file a statement of use. If the statement meets requirements, the application may be approved.

Trademark renewal and maintenance

If you want to keep your trademark, you must file paperwork to maintain it.

Renewal requirements and timelines

Per the USPTO’s maintenance rules, the following filings are required at specific times:

• Between the fifth and sixth year after registration. File a Section 8 Declaration of Use, a sworn statement that you’re still using the trademark in commerce, along with a specimen. The fee is $325 per class.
• Between the ninth and 10th year, and every 10 years after that. File a combined Section 8 and Section 9, a declaration of use plus renewal application. The fee is $650 per class.

Once your mark has been continuously used in commerce for five years post-registration, you can file a Section 15 Declaration of Incontestability for $250 per class. This is optional, but worth considering because incontestability eliminates many legal challenges to your mark’s validity. 

Updating your trademark registration

If you stop using your trademark with certain goods, or you need to make a change in your filing, you can file a Section 7 Request for Amendment to update the registration. You’re legally required to remove goods or services you’re no longer selling.

Importance of consistent use

If you stop using a trademark, competitors may be able to challenge your registration, arguing the mark has been abandoned. Three consecutive years of non-use creates a legal presumption of abandonment under the Trademark Act. 

This is why you must work on trademark enforcement. Documenting your own use through specimens and sales record can help you maintain the mark. Consider also watching the marketplace for infringers who might dilute your mark over time.