How to file a trademark without an attorney
The USPTO process has 8 key stages. Follow them in order and you can register your trademark for $250–$350 per class.
Typical total timeline
10–12 months from filing to registration
Timeline can extend significantly if Office Actions are issued or if opposition proceedings occur.
Run a clearance search on USPTO TESS
Before filing, search the USPTO Trademark Electronic Search System (TESS) for marks that are identical or confusingly similar to yours in related goods/services classes. A conflict found after filing can result in an Office Action or opposition.
- •Search exact word, phonetic equivalents, and visual similarities
- •Search in your specific Nice Classification class(es)
- •Check both live marks and recently abandoned marks
Check common law use
USPTO registration is not the only source of trademark rights in the US. Common law rights arise from actual use — even without registration. An unregistered mark used in commerce can block your application.
- •Search Google for your mark + product/service category
- •Check social media handles (Instagram, X/Twitter, Facebook, TikTok)
- •Search domain registrations (WHOIS, Namecheap, GoDaddy)
- •Check state trademark databases for your target states
Choose the right mark type
What you file determines the scope of your protection. A standard character mark (word mark) protects the words regardless of style. A stylized mark only protects the specific design you submit.
Recommendation for most applicants:
File a standard character (word) mark first. It gives the broadest protection. You can file a separate design mark application for your logo if needed — the USPTO treats them as separate registrations.
Identify your Nice Classification class(es)
Trademarks are registered per class of goods/services under the International (Nice) Classification system. You pay a separate filing fee for each class. Most small businesses file in 1–3 classes.
- •Software / apps → Class 9 (product) and/or Class 42 (SaaS services)
- •Clothing brands → Class 25
- •Online marketplace / retail → Class 35
- •Online courses / media → Class 41
Prepare your specimen (proof of use in commerce)
If you’re filing based on current use in commerce (Section 1(a)), you must submit a specimen — real-world proof that your mark is in use. If filing on intent to use (Section 1(b)), you submit the specimen later when you file a Statement of Use.
Acceptable specimens — Goods
- • Product label or tag showing the mark
- • Product packaging
- • Screenshot of product listing on a website
- • Photo of mark on the product itself
Acceptable specimens — Services
- • Screenshot of your website advertising services
- • Screenshot of app store listing
- • Brochure or advertisement
- • Screenshot showing mark + ability to order
Common specimen rejections
- • Business cards (must show mark in connection with services, not just the business name)
- • Mock-ups or renderings (must be actual use)
- • Specimens where the mark is not clearly visible
- • Menus showing only food items (for restaurant class 43, must show full restaurant name/mark)
File TEAS Plus or TEAS Standard
File your application through the USPTO’s Trademark Electronic Application System (TEAS). You’ll need to provide owner information, the mark itself (word or image file), the identification of goods/services, the filing basis, and payment.
TEAS Plus — $250/class
Best when your goods/services fit the USPTO ID Manual entries exactly. Strictest requirements but lowest fee.
TEAS Standard — $350/class
More flexibility for custom goods/services descriptions. Higher fee but you can craft your own identification language.
Respond to Office Actions
After the examining attorney reviews your application, they may issue an Office Action — a letter requiring you to address one or more issues before the mark can proceed. Receiving an Office Action is common and does not mean your mark will be refused.
- •Deadline: 3 months from the Office Action date (extendable to 6 months for $125/month)
- •Common issues: likelihood of confusion, mere descriptiveness, specimen deficiency, identification of goods/services
- •Pro tip: Call or email your examining attorney — they can often resolve minor issues informally
Monitor after registration
Trademark registration is not a one-time event. You must actively maintain and renew your registration to keep it alive.
Section 8 Declaration of Use
Between years 5–6 (with 6-month grace period in year 6)Declare that your mark is still in use in commerce for all listed goods/services.
If missed: Registration is cancelled if not filed
Section 15 Declaration of Incontestability
Optional — after 5 consecutive years of use in commerceStrengthens your rights by making the registration more difficult to challenge.
If missed: Not required, but recommended for valuable marks
Section 8 & 9 Combined Renewal
Between years 9–10 (with 6-month grace period)Combined declaration of use and renewal application.
If missed: Registration expires if not filed
Subsequent 10-Year Renewals
Every 10 years thereafterFile Section 8 & 9 to maintain registration indefinitely.
If missed: Registration expires if not filed
USPTO timeline at a glance
Submit your TEAS Plus or TEAS Standard application through the USPTO's Trademark Electronic Application System.
The USPTO assigns a unique serial number to your application, making it searchable in TSDR (Trademark Status and Document Retrieval).
A USPTO examining attorney reviews your application for compliance with trademark law and regulations.
The examining attorney either approves the mark for publication or issues an Office Action requiring a response.
The USPTO publishes your mark in the Official Gazette, a weekly publication, opening a 30-day window for third parties to oppose registration.
For use-in-commerce applications, the mark is registered. For intent-to-use applications, a Notice of Allowance is issued.
After registration, you must actively monitor for infringers and file maintenance documents to keep your registration alive.
Trademark registrations must be renewed to remain in force.
Ready to start?
Run your clearance search first, then file directly on USPTO TEAS.