Trademarking in the United States
Whether you operate through Amazon, eBay, Etsy, or your own online store, protecting your brand in a key market such as the US is vital to ensuring business success. Online platforms may also offer additional benefits for sellers with registered trademarks, such as the Amazon Brand Registry.
Trademark registration in the US is overseen by the United States Patent and Trademark Office (USPTO). Once your trademark is registered, your brand is offered strong legal protection. However, the process can be lengthy and complicated.
Additionally, in more recent years scammers have seized upon this, targeting international applicants with official-looking but fraudulent correspondence which purports to be linked to the trademark application or renewal process.
Today, we’ll explain the US trademark application process, outline the typical waiting times, and explain how to identify and avoid scams.
The US Trademark Application Process
Registering (‘filing’) a trademark with the USPTO involves multiple steps. Here’s a breakdown:
Preliminary Trademark Search
Before submitting your application, you can use the USPTO’s Trademark Electronic Search System (TESS) to check whether a similar trademark already exists. This can help avoid your application being rejected due to likelihood of confusion with an existing mark.
What is ‘likelihood of confusion’?
Any proposed trademark must be unique and distinct to the extent that they cannot be confused for another trademark that is already registered. This is because trademarking is designed to offer legal protection over a recognisable mark – if two trademarks are similar, no protection would be provided in practice.
Filing Basis
The application process will differ depending on the type of trademark you are applying for. The most common options are:
- Applying for a trademark to cover a mark that is already in use
- Applying for a trademark with the intent to start using it later (‘intent to use’)
The trademark application process is governed by the Trademark Act 1946 (also known as the Lanham Act). Most applications will be based on one of three sections:
- Section 1(b) – Intent to Use: For businesses that haven’t yet used the trademark in the US but plan to.
- Section 44(e) – Foreign Registration: based on a registered trademark in a recognised foreign jurisdiction
- Section 66(a) – Madrid Protocol: An international application filed through the World Intellectual Property Organization (WIPO) that designates the US.
Application Submission
Applications can be filed online via the TEAS (Trademark Electronic Application System).
You’ll need:
- A clear representation of the mark (text, logo, etc.)
- A description of the goods/services (following USPTO class definitions)
- To pay a filing fee (base rate of USD 350 per class*)
- Details of any prior registrations (if applicable)
Once submitted, you’ll receive a serial number and acknowledgment of receipt.
What is a trademark class?
A trademark class is an identifier used to determine what type of good/service is covered by the trademark. Many jurisdictions (including the US) use a variant of the WIPO Nice classification system.
The USPTO provides guidance on the classification system here. When applying for a trademark, you must designate the class(es) that you intend the trademark to cover.
USPTO Examination
A USPTO examining attorney will review your application. They will check for legal conflicts, proper classification, and completeness.
If there are any problems, they’ll issue an Office Action. The applicant must respond to this within 3 months (extendable by 3 more months for a fee).
Publication in the Official Gazette
If approved by the USPTO examining attorney, your trademark will be published on the USPTO Official Gazette for 30 days, allowing third parties to oppose the application if they believe that the application infringes on their existing rights.
Registration Approval
If no opposition is filed — or if it’s resolved in your favour — your trademark is successfully registered.
If you originally filed your application under ‘intent to use’, you must also file a Statement of Use demonstrating your use of the trademark in the US market.
Beware of trademark scams!
The USPTO has issued multiple alerts warning about scams that target trademark applicants, especially those unfamiliar with US procedures.
As the registration process is made available for public view, fraudsters may send fake invoices, renewal reminders, and warnings about supposed legal issues — all designed to trick recipients into paying fees or disclosing sensitive information.
Common scam characteristics include:
- Email addresses not ending in @uspto.gov (e.g. uspto-office@mail.com)
- An urgent tone, claiming your trademark is about to expire
- Requests for wire transfers or gift card payments
- Impersonation of legal professionals offering trademark ‘monitoring’ or renewal services
How can I protect myself?
- Always verify email domains. Official communications will come from @uspto.gov.
- Ignore unofficial invoices or any request for payment outside the TEAS platform.
- Report suspicious contact to the USPTO at scams@uspto.gov.
- Use a reputable attorney or agent to handle the application and renewal process
- Bookmark the official USPTO site: www.uspto.gov
Protecting your brand with TBA Global
Registering a trademark in the US can open major commercial opportunities for your business, but it does require careful planning and an awareness of the risks.
The application process takes time — and scammers also count on that uncertainty to trick applicants.
When applying for a trademark through our services, we’ll ensure that all processes are handled correctly – if you’re in doubt, you can also consult with one of our advisors. Your brand is worth protecting — and with TBA Global, you can do so safely and securely.
* All information provided has been verified as correct at the time of writing. We highly recommend consulting one of our advisors or the USPTO for up-to-date guidance.
