Here’s a clear, step-by-step guide to trademarking a word in the United States (USPTO), written so you can do it yourself without a lawyer if you want.
STEP 1: Make Sure Your Word Can Be Trademarked
Your word should be:
- Unique or distinctive (not generic like “Shoes”)
- Not already being used by someone else in the same industry
- Not misleading or descriptive without uniqueness
✅ Best examples: made-up words, uncommon phrases, or unique brand names
❌ Weak examples: common words directly describing the product
STEP 2: Search Existing Trademarks (VERY IMPORTANT)
Before spending money, check if the word is already taken.
- Go to the USPTO search system (TESS)
- Search:
- The exact word
- Similar spellings
- Similar-sounding words
- Check your industry/class, not just the word itself
⚠️ If someone already owns a similar word in the same category, your application may be rejected.
STEP 3: Decide What You’re Trademarking It For (Classes)
You must choose what products or services the word covers.
- Each category is called a class
- Cost is per class
- Examples:
- Clothing = 1 class
- Vape shop = 1 class
- Clothing + accessories = 2 classes
💡 Tip: Pick only what you actually sell to keep costs down.
STEP 4: Decide “Use” or “Intent to Use”
Choose one:
Option A — Currently Using the Word
- You are already selling or advertising
- You’ll need proof (website, packaging, label, etc.)
Option B — Intent to Use
- You plan to use it soon but haven’t yet
- Costs more later, but lets you reserve the name
STEP 5: File Your Application (USPTO Trademark Center)
You’ll need:
- The word you want to trademark
- Owner name (you or your business)
- Selected class(es)
- Description of goods/services
- Proof of use (if applicable)
💰 Cost:
- $350 per class (government fee)
- Paid online at submission
- Non-refundable
⏱ Filing time: ~20–30 minutes if prepared
STEP 6: Wait for USPTO Review
Timeline:
- 3–4 months before an examiner looks at it
- Total process: 8–12 months
The examiner may:
- Approve it
- Ask for clarification
- Issue a refusal (common but fixable)
📩 If you get an “Office Action,” you must respond within 3 months.
STEP 7: Publication Period
If approved:
- Your trademark is published publicly for 30 days
- Others can object if they believe it conflicts with theirs
If no one objects → you move forward.
STEP 8: Final Approval
- If already in use → trademark is registered 🎉
- If intent-to-use → you’ll be asked to prove use later
- Extra fee: $150 per class
STEP 9: Maintain Your Trademark
To keep it active:
- File maintenance between years 5–6
- Renew every 10 years
💰 Maintenance fees apply, but your brand stays protected.
💵 QUICK COST SUMMARY
- DIY filing (1 class): $350
- Intent-to-use later fee (optional): $150
- Attorney (optional): $500–$2,500+
⚠️ COMMON MISTAKES TO AVOID
- Skipping the trademark search
- Picking the wrong class
- Using vague descriptions
- Falling for “cheap trademark” scams
- Filing without proof when claiming use
