Trademarks don’t have to be confusing. We’ve gathered answers and helpful links to help with the questions business owners and brand builders ask us most. Browse through to find guidance on registering, monitoring, enforcing, and navigating the brand protection journey with confidence. Click to expand the categories and questions.

The USPTO Application and Registration Process

How do I choose a strong trademark?

Choose a suggestive, arbitrary, or coined term—not generic or purely descriptive—and ensure it’s distinctive and available through a clearance search.

Is it better to protect my brand’s name or logo?

Generally, words are more important to protect than logos. Ideally, a creative logo should also be protected separately. Here's why:

Do I need an attorney for my trademark application or can I do it myself?

It’s not mandatory to have an attorney for trademark registration in the United States, but an attorney's expertise can significantly improve your chances of success and potentially save you from future complications.

Do I need a corporation or LLC to file a trademark application?

No. You can apply for a trademark as an individual or sole proprietor. However, forming an LLC or corporation can offer more public record protection for your trademark by separating your personal liability from your business.

How long does the trademark application process take?

The average time is around 12-18 months. Case complexity and USPTO backlog can affect this timeframe.

What steps are involved in applying with the USPTO?

What is “Intent to Use”?

“Intent to Use” allows a business to file a trademark application with the USPTO based on "bona fide" intent to use the mark in the future (also known as ITU or 1(b)). This is beneficial because it establishes a filing date, which can be crucial in establishing priority rights if another party attempts to register the same or similar mark.

Do I need to be making sales to register a trademark?

No. However, generally the Applicant will need to show sales before completing the registration process.

What is a “Class” of goods or services?

The USPTO uses “Classes” to categorize goods and services for the purpose of trademark registration, and sync with other trademark systems around the world.

How long does a trademark last?

A trademark registration can last forever, as long as it is being used and renewed properly.

What is the Supplemental Register?

A secondary register for descriptive marks, offering limited protection and serving as a stepping stone toward eligibility on the stronger Principal Register.

Can I change the trademark I applied for?

Generally, no. Once a trademark application has been filed or registered at the USPTO, only very small changes will be allowed.

How much are USPTO filing fees?

In general, the USPTO filing fee is $350 per class.

Will my address be in the USPTO’s public record?

An applicant must share a “domicile address” with the USPTO, but the address can be hidden from public records if another address, such as a PO box or shared work space, is provided.

What is an Office Action and how do I respond?

An Office Action is a USPTO refusal or request for information, usually requiring a response.

How do I provide “Evidence of Use” of my mark?

The types of acceptable evidence vary, depending on the nature of the goods or services in the application.

What type of evidence is generally needed to show use of my trademark?

  • For goods: tags, packaging, or product photos
  • For services: marketing materials or dated website screenshots clearly showing your mark
  • Dig Deeper: Link: Specimens Examples

Can foreign businesses register trademarks in the USA?

Yes, international applicants can file to register their brands if they are using them - or intend to use them - in the US.

My trademark has been abandoned. What does that mean? Is there any way to fix it?

Generally, an abandoned application can be revived with a special petition filing and fee. The Petition to Revive must be filed within two months of the notice of abandonment.

How many extensions are available for a trademark application? What happens if I use them all?

Once a Notice of Allowance has been issued for an application based on intent to use, up to 5 extensions of time (6 months each) can be filed. No additional extensions are available after that.

Trademark Scams

Is this a scam?

Trademark scams often masquerade as official USPTO communications, targeting applicants and registrants by using:

  • Deceptive names
  • Fake addresses
  • False urgency
  • Fine‑print requests for unnecessary fees—such as directory listings or foreign wire transfers

How to protect yourself:

Why are there so many scams?

Scammers constantly adapt their methods and take advantage of the public's lack of awareness about legitimate trademark processes, using the contact information that is contained the USPTO’s public records.

Renewal

When is my registration renewal due?

Renewals are generally required 6 years after the registration date, and then every 10 years from the initial registration date. Each renewal filing can be filed up to one year before the deadline.

What does “Incontestable” mean for renewal?

After five consecutive years of use and no challenges, you can file for incontestable status (Section 15 affidavit), which further strengthens protection.

Working with EMP&A

What makes EMP&A different from other trademark law firms?

  • Founded by a former USPTO examiner
  • Our flat-fee services cover the entire application process
  • Deep experience with over 4,500 successful registrations
  • Our own patented proprietary software
  • Laser focus on providing excellent client service
  • Dig Deeper: Link: Welcome Page

Do you charge for initial consultations?

No, we offer a free initial consultation to discuss trademark matters in general terms.

What happens during an initial consultation?

You will be connected with one of the attorneys at EMP&A to find out if our services match your needs and vice versa. On an initial consult, our attorneys cannot offer any specific legal advice, but can answer general intellectual property questions and provide a general overview of next steps or options. Any information shared will be kept confidential.

Who is my point of contact?

We’re a small, dedicated team of trademark professionals and collaborate closely while serving our clients simultaneously. To move your application forward as efficiently and quickly as possible, you may hear from more than one attorney or team member.

How much are USPTO filing fees?

In general, the USPTO filing fee is $350 per class.

USPTO Filing & Signature Answers

Why is text on the form strikethrough?

Strikethrough text represents goods or services that are being deleted from the scope of the application or registration as part of the response.

How do I sign a USPTO filing form?

A specific format must be used to work with the USPTO system: begin and end the signature with forward slashes (/) with  the signatory's name (or initials) between the slashes. For example, Erik Pelton’s signature would appear as /Erik Pelton/.

Updating Information

The USPTO form displays the current correspondence information and the proposed correspondence information immediately below.

Address Of Record

If we are updating your address, the "proposed" address in the form will replace the "current" address on file.

Domicile Address

Your domicile address (if different than your mailing address) will not be visible in the public record once we file the form with the USPTO. Your mailing address will be publicly visible.

Why does my email address show up as ****?

The USPTO masks your email address with asterisks (***) on the form to protect your privacy and guard it from those who scrape the USPTO records for various things, including scammers. They have the complete information.

Website URL

Your webpage URL is left blank in the form because the link for each webpage attached as evidence is includedin the "Specimen" PDF file, so it is not needed on the form itself.

Why does the form still have my old address?

The USPTO form displays your old information (“current”) and your new information (“proposed”) directly below it. Once we file, the "proposed" address will replace the "current" address in the USPTO’s records.

Why am I not listed as the primary contact?

Our firm’s email address will be listed as the primary contact. This allows us to receive and track all notices, ensuring we can keep you updated on the status of your registration. We will notify you as soon as we receive any communication from the USPTO.

For Much More, see :

  • Erik’s bestselling book Building a Bold Brand (printed, Kindle, audio, or video)
  • CHATTM, our AI tool built primarily from our own resources that can answer questions about branding, trademarks, registration, renewal, and more.
  • Our YouTube channel, erikpelton.tv, which contains an extensive library of content designed to inform you on the wonderful world of trademarks and brand protection.