You’ve got a killer business name, logo, or slogan. You’re ready to put it out there and make your mark — literally. But before you hit that “submit” button on your trademark registration, there are a few things you need to know.
Filing a trademark isn’t like setting up a social media profile. It’s a legal process with rules, fees, and long-term consequences. Get it right, and you’re protected. Get it wrong, and you could waste money, get rejected, or even face a legal fight down the road. Don’t rush it. A little prep now saves big headaches later.
Do Your Homework First
The biggest mistake? Skipping the search.
Just because your LLC is approved or the domain is free doesn’t mean your name is available as a trademark.
You need to check:
- The USPTO database for existing or pending marks
- State business filings
- Common law uses (like local businesses not registered federally)
If someone else is already using a similar name in your industry, you could be infringing — even if they never filed a trademark.
A quick look can save you from starting over after spending on branding.
Pick a Strong Name
Not all names are created equal. The USPTO won’t approve just anything.
Stay away from names that are:
- Too generic (“Best Coffee Shop”)
- Purely descriptive (“Miami Bike Rentals”)
- Already famous in another space
Go for something unique — made-up words, fun twists, or unrelated terms (like “Apple” for tech). These are easier to protect and harder to challenge.
Be Clear About What You’re Selling
When you file, you have to tell the USPTO exactly what goods or services your mark covers. This is called your “class.”
Pick the wrong one, and your application could get kicked back.
For example:
- Clothing and software are different classes
- A restaurant and a food truck might fall under the same category
- Vague descriptions like “online retail” aren’t enough
Be specific. Say what you sell, how you sell it, and who it’s for.
Understand the Two Types of Filings
There are two main ways to apply:
- Use in Commerce: You’re already selling stuff with your mark. You’ll need to show proof (like a product photo or website).
- Intent to Use: You’re not selling yet, but plan to. This lets you reserve the name early.
Both work, but “Intent to Use” adds steps later. You’ll have to file a Statement of Use once you start selling — and pay extra fees.
Watch Out for Common Mistakes
Even small errors can delay or kill your app.
Avoid these:
- Typos in the owner’s name or address
- Wrong class or description of goods
- Bad specimen (like a logo mockup instead of real use)
- Ignoring office actions (USPTO letters asking for fixes)
These seem minor, but they’re the top reasons applications fail.
Consider Getting Help
You can file on your own through the USPTO website. But a lot of people mess up the details.
Using solid trademark registration services means:
- Someone checks your search results
- Your paperwork gets reviewed before filing
- You get alerts for deadlines and office actions
- You avoid common pitfalls that cause delays
It’s not about making it complicated — it’s about getting it right the first time.
Think Long-Term
Your trademark isn’t “done” when it’s approved.
To keep it alive, you must:
- File a Declaration of Use between years 5–6
- Renew every 10 years
- Prove you’re still using it in commerce
Let it lapse, and you lose protection. No second chances.
Bottom Line
Filing a trademark registration is a smart move for any serious business. But it’s not something to wing. Take the time to search, choose a strong name, and file correctly from the start. Whether you go solo or use help from trademark registration services, the goal is the same: build a brand you can own, grow, and protect for years to come. Do it right now, so you don’t regret it later.
