How Do I Get a Trademark?

Published May 2021 | Reviewed March 2026
By John R. Nelson, Esq.

What Is a Trademark?

A trademark is a word, phrase, symbol, design, or combination of these elements that identifies the source of goods or services and distinguishes one business from another in the marketplace.

When consumers see a recognizable brand identifier, they immediately associate it with a particular company. For example, the seven-slot grille on a Jeep vehicle, the swoosh on a Nike shoe, or the distinctive Coca-Cola script all signal the source of the product. These identifiers allow consumers to recognize a brand and distinguish it from competitors.

In practical terms, trademarks serve two purposes. They help businesses build brand recognition and reputation, and they help consumers identify the source and quality of the goods or services they purchase.

It is important to understand that you do not "own" a word or phrase when you register a trademark. Instead, you have the right to use that word or phrase in connection with specific goods or services, and to prevent others from using a confusingly similar mark in the same space.

How Do You Get a Trademark?

If you are already using your intended mark in commerce, that is the most straightforward path to registration. You will work with a trademark attorney to prepare and file an application with the USPTO, identifying the mark, the goods or services it covers, and your filing basis.

A trademark can be filed based on current use in commerce (Section 1(a)) or on a bona fide intent to use the mark in the future (Section 1(b)). In either case, you will eventually need to submit evidence showing the mark in actual use. A mark can also be registered based on acquired distinctiveness under Section 2(f), which requires proof that consumers have come to associate a descriptive term with your specific business.

Be careful with your selection of goods and services. Each international class costs $350 to file with the USPTO and will require proof of use at renewal time. Filing in the wrong class or too many classes is a common and costly mistake.

Why Should You Get a Trademark?

Federal trademark registration gives you the legal tools to stop others from profiting from your brand. Without registration, your rights are limited to the geographic area where you actually use the mark. With registration, you gain nationwide protection, a legal presumption of ownership, and the ability to bring an infringement action in federal court.

If someone uses a confusingly similar mark, a cease and desist letter is typically the first step. If the infringing use continues after notice, it can be considered willful, which strengthens your legal position and may increase the damages available to you.

For a more detailed breakdown of the filing process, including trademark searches, filing basis, classes, and what happens after you file, see our guide on 5 things to know before filing a trademark application.

Frequently Asked Questions