- 24th Jun '26
- Sell SaaS
- 7 minutes read
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SHAREHow Entrepreneurs Can Protect Their Brand Early with Trademark Registration
Trademark registration enables exclusive rights to a brand name, logo, and/or slogan in commerce throughout the United States. Trademark application fees with the USPTO range from $250 to $350 per class, as of June 2025. The average time frame from filing to receiving a trademark is 12 to 18 months. In the United States, trademark rights go to the filer, so the registration process should begin as soon as possible.
The common consensus is that trademark registration is not an immediate priority because the name is theirs after taking steps such as registering an LLC, purchasing a domain, or using the name in commerce. Federal trademark rights are not obtained during any of these steps.
There are many instances where a founder has developed their brand and begun to scale, only to receive a cease-and-desist from a party that has trademarked the same class after the founding party has built their business. This presents limited, costly options for the founder who has developed their brand. Mid-growth rebranding should be avoided at all costs.
Filing for trademark registration is best done as early as possible. The goal should be to file prior to a public brand launch, or, at the latest, in the first few months of business operations.
What Trademark Registration Actually Gives You
Registering a trademark means that you are presumed to own that trademark across the entire United States, and no one else can own that trademark in relation to a similar product. You are also able to sue in federal court and file a complaint with U.S. Customs to stop goods that infringe your trademark from entering the country.
If you do not have a trademark registered at the federal level, you own a trademark only in the areas where you operate your business. Those rights are known as common law rights, and they are very difficult to enforce.
There are very practical reasons to have a trademark. Having a trademark will help you enforce your rights against sellers who infringe it on platforms like Amazon or eBay. Most platforms have a trademark protection policy that requires a federally registered trademark to file a complaint.
How Much Does Trademark Registration Cost?
USPTO filing fees depend on which application form you use:
| Application Type | Fee Per Class |
| TEAS Plus | $250 |
| TEAS Standard | $350 |
TEAS Plus is less expensive, but if you choose this option, you will have to select your goods and services from the pre-approved USPTO listings (the ID Manual). If you cannot select from an available USPTO entry, you will have to choose the TEAS Standard option or negotiate with the examining attorney post-filing.
Normally, businesses select between one and three classes of goods. If your business sells software (Class 42) and merchandise (Class 25), you will be charged for both classes.
Trademark applications generally cost between $500 and $1,500 in attorney fees. Many founders opt for trademark application services to save costs due to low complexity.
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The USPTO Filing Process, Step by Step
Run a clearance search first. Conduct a trademark search with the USPTO's TESS (Trademark Electronic Search System). The application process is costly and time-consuming if the mark is already registered. Research before you spend $250 to $350 and wait several months to receive a refusal.
Identify your filing basis. If you are using the mark in commerce, you would file under Section 1(a) and provide evidence (a specimen) of the mark's use in commerce. If you have not begun selling, you would file under Section 1(b) and provide evidence of intent to use the mark in commerce. This establishes your priority date as you prepare for the mark's entry to commerce.
Choose the right goods and services class. The USPTO follows the Nice Classification system, and getting this wrong could invalidate the application.
Submit through TEAS. Submit the application through the Trademark Electronic Application System. You will receive an email with a tracking number for the application status.
Respond to Office Actions. A USPTO examiner may either approve your application and request further clarification or deny your application. Each of these scenarios presents an Office Action that must be addressed within 3 months. This deadline can be extended for an additional 3 months at a cost. If you fail to respond in time, your application will be abandoned and the filing fees will be forfeited.
Publication and opposition period. Assuming Office Actions were addressed satisfactorily, the mark will be published in the Official Gazette. For the subsequent 30 days, third parties may oppose the registration.
Certificate of Registration. If your mark is published and you experience no opposition, or you prevail in opposition, the registration certificate will be granted. For applications filed under the intent-to-use clause, Section 1(b), a Statement of Use must be filed for the registration certificate to be granted.
Common Trademark Mistakes Founders Make
Registering only the business name, not the logo or tagline. Many new companies have only registered their business name, and not their tagline or company logo. These are separate marks and require separate applications. Registration of two or even three different trademarks is often necessary for proper trademark protection.
Filing in the wrong class. Some companies have filed trademark applications in incomplete classes. Software companies have, for example, filed under Class 9, even when they offer other services that fall under Class 42. The following day, a competitor can begin business under the name filed in Class 42 and operate freely.
Using a descriptive mark. Some founders have filed applications for marks that are highly descriptive of their business. The USPTO will not grant registrations for highly descriptive marks such as "Fast Delivery Service." It is much easier to register and defend marks such as "Apple," which are invented or arbitrary.
Not filing internationally when needed. A U.S. trademark only protects your business in the United States. If you are selling internationally, or plan to, you will need to file trademarks in each of those countries, or use the Madrid Protocol to file your U.S. application internationally.
Ignoring the Statement of Use deadline for 1(b) applications. If you are filing a 1(b) application with the USPTO, there is a deadline of 6 months to submit a Statement of Use upon approval. You can file for an extension of the Statement of Use, up to three extensions, which costs $125 per class and requires you to show that you are actively using the trademark. If you do not file the Statement of Use or the extensions, your application will be abandoned.
Does Your LLC Registration Protect Your Brand?
No. Your LLC registration only protects your business name in the state in which you filed. Two businesses with the same name can be registered in separate states. Your LLC registration does not protect your trademark.
The same logic applies to domain names. Owning yourname.com does not mean you own the trademark. You only own that website.
The only way to own a name and protect your trademark is through the federal trademark registration process.
Non-Resident Founders and U.S. Trademark Registration
It is possible for foreign founders to submit trademark applications in the U.S. without a U.S. regional office. Trademark registration is open to all foreign founders, as there is no citizenship or residency requirement.
2019 regulations mandate that all foreign founders must hire a USPTO-licensed representative attorney for trademark applications. The requirement remains active and is strictly enforced.
A U.S. LLC provides state legal recognition for your business, but it does not automatically provide protection for your trademarks. LLCs and trademarks must be registered separately, with the state and the USPTO, respectively. Many foreign founders believe that filing an LLC with the state provides trademark protection. It does not.
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