How to Trademark Your Brand

A trademark is a legal right attached to a word, name, logo, slogan, or combination of those elements that identifies the source of goods or services. When you register a trademark, you gain the exclusive right to use that identifier in commerce in the jurisdictions where it is registered — and the legal standing to stop others from using a confusingly similar mark in your market.

This guide covers every step of the trademark registration process, from deciding what to file to maintaining your registration after it issues.

What a trademark protects — and what it does not

A trademark protects brand identifiers: the name of your business, product, or service; your logo; your slogan; and in some cases your brand's distinctive colors, sounds, or packaging.

A trademark does not protect:

• The underlying product or service (that is covered by patents)
• The text of your content — articles, videos, or music (that is covered by copyright)
• Your business ideas or methods

Knowing the boundary matters because creators and founders often conflate copyright and trademark. You own copyright in your videos automatically from the moment you create them. Trademark registration is a separate step that protects the brand identity — the name and logo — you have built around that content.

Step 1 — Decide what to file

Most brand owners need to protect at least three things:

1. The brand name — the word or words that identify your business (e.g., "StarGuard")
2. The logo — the graphic design paired with the name, if you use one consistently
3. The tagline or slogan — if you use one commercially and it functions as a brand identifier

Start with the name. The name is the most important registration because it is the element that other parties are most likely to copy. A logo can be redesigned; a name is much harder to replace once an audience has built around it.

File the name as a standard character mark first. This covers the name in any font, style, or color — the broadest possible protection. A design mark (logo) can follow, but it protects only that specific design configuration.

Step 2 — Identify the right trademark classes

Trademark rights are class-specific. The USPTO and CIPO both use the Nice Classification system, which divides goods and services into 45 classes. You register in the classes that match what your business sells.

Getting the classes right is one of the most consequential decisions in the filing. Common classes for founders and creators:

A creator who publishes video content and sells branded merchandise typically needs Class 41 (entertainment services) and Class 25 (apparel). A SaaS startup typically needs Class 42 (software) and sometimes Class 35 (business services).

Filing in the wrong class leaves you unprotected. Filing in more classes than you use can create problems at examination. A trademark attorney identifies the classes tied to your actual revenue — not just the category you think describes your business.

Step 3 — Run a clearance search

Before filing, you need to know whether your brand name is available to register. A prior registration in a related class can block your application or expose you to an infringement claim.

A proper clearance search includes:

• A search of the USPTO database (TESS) for identical and phonetically similar marks in your classes
• A search of the CIPO database if you operate in Canada
• A common-law search for unregistered uses that could create priority conflicts
• A review of the goods-and-services descriptions of any potentially conflicting marks

This is not a step to skip. Filing without a clearance search risks rejection on likelihood-of-confusion grounds, which wastes the filing fee and the months of examination time. If a conflicting registration exists, a clearance search surfaces it before you invest in the brand — not after.

Step 4 — File your application

Once the clearance search is complete, you file the application through the USPTO's TEAS portal (for US coverage) and/or the CIPO online filing system (for Canadian coverage).

Key decisions at filing:

Use-based vs. intent-to-use. If you are already using the mark in commerce, file a use-based application and include a specimen — evidence that shows the mark being used to sell goods or services (a product label, a screenshot of your website, a screenshot of your app store listing). If you have not yet launched, file an intent-to-use application, which reserves your priority date. You will need to submit proof of use before the registration issues.

Goods-and-services description. The description of what you sell must be specific enough to satisfy examination but broad enough to cover your actual business. Too narrow, and the registration does not protect what you do. Too broad, and the examiner will require amendments that delay the application.

Filing in both countries separately. A US trademark registration does not extend to Canada. If you operate in both markets, both filings belong in the same round. Waiting to file Canada later means your Canadian priority date is later — and another party can file in Canada during that window.

Step 5 — Respond to office actions

After filing, the USPTO assigns an examining attorney who reviews your application. Examination typically takes 8 to 12 months for a straightforward application.

If the examiner identifies an issue — a likelihood-of-confusion refusal, a descriptiveness refusal, a specimen problem — they issue an office action. You have three months to respond (extendable to six months for a fee).

Common office actions and how to address them:

• Likelihood of confusion — the examiner believes your mark is too similar to an existing registration. Response involves arguing that the marks are distinguishable or that the goods/services are sufficiently different.
• Merely descriptive — the examiner believes the mark merely describes the goods/services rather than identifying the source. Response involves arguing that the mark has acquired distinctiveness or is not merely descriptive.
• Specimen refusal — the specimen does not show the mark being used in commerce in the way claimed. Response requires a substitute specimen.

Most office actions can be overcome with the right response. An unanswered office action results in abandonment of the application.

Step 6 — Publication and registration

Once the application passes examination, the USPTO publishes it in the Official Gazette for a 30-day opposition period. Any third party who believes your mark will damage them can oppose registration during this window.

If no opposition is filed, a use-based application proceeds to registration. An intent-to-use application receives a Notice of Allowance — you then have up to 36 months (in six-month extensions) to submit proof of use before registration issues.

Registration is your certificate of ownership. From the registration date forward, you have the right to use the ® symbol and the legal presumption that you own the mark nationwide.

Step 7 — Maintain your registration

A trademark registration is not permanent by default. To keep it alive, you must file:

• A Declaration of Use between years 5 and 6 after registration
• A Combined Declaration of Use and Renewal between years 9 and 10, and every 10 years after that

Missing a maintenance filing abandons the registration. Your attorney or an IP docketing service can track these deadlines.

You should also monitor for new applications that conflict with your mark. The USPTO allows oppositions during the 30-day publication period; after registration, a cancellation proceeding at the Trademark Trial and Appeal Board is required.

Trademark registration checklist

Use this before your call with a trademark attorney.

Preparation

• Identify what you are filing: name, logo, slogan, or combination
• List the goods and services you currently sell or plan to sell under the mark
• Identify the trademark classes that correspond to those goods and services
• Note the date you first used the mark in commerce (or whether you haven't launched yet)
• Gather specimens: product labels, website screenshots, app store listings, invoices

Clearance

• Search the USPTO TESS database for identical marks in your classes
• Search CIPO if you operate or plan to operate in Canada
• Search common-law uses (Google, social media, domain registrations)
• Review any potentially conflicting marks for class overlap and similarity

Filing

• Draft the goods-and-services description with appropriate specificity
• Decide: use-based or intent-to-use filing
• File USPTO application (TEAS Plus or TEAS Standard)
• File CIPO application if Canada is in scope
• Docket the examination timeline (expect 8–12 months)

Post-filing

• Monitor for office actions (respond within 3 months of issue date)
• Monitor for opposition during publication
• Docket maintenance deadlines (years 5–6 and years 9–10)

The process above applies to straightforward applications. If your clearance search reveals a conflicting mark, if your goods-and-services description is complex, or if you need to file in both the US and Canada in the same round, working with a trademark attorney from the start saves time and reduces the risk of a refusal that could have been avoided at filing.

This guide is for general information only — not legal advice. Laws differ across jurisdictions. Consult a qualified IP attorney before acting on anything in this guide.