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. You also gain the legal standing to stop others from using a confusingly similar mark in your market.

This guide covers the foundational decisions every brand owner makes before filing: what a trademark protects, what to file first, which classes apply to your business, and how to keep the registration alive once it issues. For the full step-by-step USPTO process from clearance search through registration, see our companion article: Trademark Registration for AI Startups. The process applies to any business filing for federal trademark protection, not just AI startups.

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.

The registration process at a glance

Once you know what to file and which classes apply, the path from filing to registration runs through five operational steps: clearance search, filing, office action response, publication, and registration. The full step-by-step walkthrough, including current 2026 USPTO fees, specimen preparation, office action response strategy, and Madrid Protocol international filings, lives in our companion article: Trademark Registration for AI Startups. The walkthrough applies to any business, not just AI startups.

A few foundational facts worth knowing before you file:

• Filing fees as of January 18, 2025. The USPTO charges a base fee of $350 per class for electronic applications. Using the USPTO's Trademark ID Manual to identify your goods and services keeps the fee at $350 per class. Using a custom free-form description adds $200 per class. The prior TEAS Plus and TEAS Standard tier system was eliminated as part of the same 2025 fee restructure.
• Examination time. Standard examination takes 8 to 14 months from filing to registration on the standard path. Office actions, which occur in roughly 70% of applications, add 3 to 6 months depending on complexity.
• Use-based vs. intent-to-use. If you are already using the mark in commerce, file a use-based application with a specimen. If you have not yet launched, file an intent-to-use application to reserve your priority date. You will need to submit proof of use before the registration issues.
• US and Canada are separate filings. 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 7: Maintain your registration

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

• A §8 Declaration of Use between years 5 and 6 after registration ($325 per class)
• A combined §8/§9 Declaration of Use and Renewal between years 9 and 10, and every 10 years after that ($650 per class)
• An optional §15 Declaration of Incontestability alongside the year 5-6 filing strengthens your registration ($250 per class on its own; $575 per class combined with the §8)

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 the available channel.

Trademark fundamentals checklist

Use this before your call with a trademark attorney.

Decide what to file

• Identify the elements you need to protect: name, logo, slogan, or combination
• List the goods and services you currently sell or plan to sell under each mark
• Identify the trademark classes that correspond to those goods and services

Confirm the basics before filing

• Note the date you first used the mark in commerce, or whether you have not launched yet
• Decide whether you are filing in the US, Canada, or both
• Decide whether the application is use-based or intent-to-use
• Budget for the base $350 per class USPTO fee, plus any additional fees for free-form descriptions or Section 1(b) extensions

Plan the maintenance schedule

• Calendar the year 5-6 §8 Declaration of Use deadline
• Calendar the year 9-10 combined §8/§9 renewal deadline
• Set a recurring 10-year renewal reminder

For the full filing process, including clearance search depth, specimen preparation, office action response strategy, and Madrid Protocol international filings, see Trademark Registration for AI Startups. The walkthrough applies to any business filing for federal trademark protection.

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. StarGuard Law's trademark practice handles registration from clearance through registration, including the maintenance filings above.

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.