Want to Register a Trademark in the U.S.? Master These Key Steps to Launch Your Brand Smoothly!

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Want to Register a Trademark in the U.S.? Know These Key Steps to Safeguard Your Brand

In today’s increasingly competitive global market, brand identity has become one of the most valuable intangible assets for any business. Whether you’re a startup or an established company, if you're looking to make your mark in the U.S. market, registering a trademark is a crucial step to protect your brand, avoid legal issues, and build consumer trust.

In recent years, more and more Chinese companies and individuals have turned their eyes overseas. As a result, demand for U.S. trademark registration has risen sharply. But are you truly aware of the essential steps involved in registering a trademark in the United States?

1. Understand the Importance of Trademark Registration

First and foremost, a trademark is more than just a logo or name - it represents your company’s identity, reputation, and legal rights. In the U.S., trademark registration is handled by the United States Patent and Trademark Office USPTO. Once registered, the trademark owner gains exclusive rights to use the mark nationwide and can legally take action against anyone who infringes on it.

According to the USPTO’s 2025 annual report, Chinese trademark applications have continued to grow over the past year, especially in the fields of technology, e-commerce, and consumer goods. This shows that more Chinese businesses are recognizing the importance of branding overseas and the need to protect their trademarks.

2. Preliminary Work Trademark Search and Classification

Before submitting your application, proper preparation is key.

1. Trademark Search

It’s highly recommended to conduct a trademark search through the USPTO website to check whether a similar or identical trademark has already been registered. While this step is not mandatory, it can help avoid rejection due to duplication and reduce potential legal costs down the line.

Keep in mind that the U.S. follows a first-to-use principle. That means even if a trademark isn’t registered yet, if it’s already being used in commerce, it may still hold legal rights. In addition to the official database, consider doing a broader market search as well.

2. Choose the Right Class and Goods/Services

The U.S. follows the Nice Classification System, which includes 45 classes - classes 1-34 cover goods, while 35-45 cover services. You’ll need to select the appropriate class based on your business and clearly list the goods or services associated with your trademark.

For example, if you're in the apparel export business, you’ll likely choose Class 25 Clothing, Footwear, Headgear. If you run an e-commerce platform, you might need to register under Class 35 Advertising, Business Management, Retail Services.

3. Submitting the Application Process and Required Documents

Trademark applications in the U.S. are primarily submitted online through the TEAS system Trademark Electronic Application System on the USPTO website. You can apply as an individual, a company, or through a U.S.-licensed trademark attorney.

Required documents typically include

A clear representation of the trademark text, logo, or combined

A statement of use use-based or intent to use intent-to-use

Description of goods/services

Applicant details name, address, nationality

Payment of filing fees varies by class and type

As of the latest USPTO fee schedule, the base filing fee is approximately $250-300 per class per goods/services item. If you file under the intent-to-use basis, you’ll need to submit proof of actual use later and pay additional fees.

4. Examination and Publication Waiting for Official Review

After submitting your application, USPTO will conduct both formal and substantive reviews.

Formal review checks if all required documents are submitted correctly.

Substantive review examines whether the trademark is distinctive and doesn’t conflict with existing registrations.

If approved, the trademark will be published in the Official Gazette, a weekly publication of the USPTO. This begins a 30-day opposition period, during which third parties can file an objection if they believe the new trademark may harm their interests.

If no opposition is filed - or if any objections are resolved - the trademark will be officially registered, and a registration certificate will be issued.

5. Maintenance and Renewal After Registration

Trademark registration is not a one-time task. In the U.S., a trademark is valid for 10 years, but you must

Submit a Declaration of Use between the 5th and 6th year to confirm that the trademark is still in use.

File a renewal application between the 9th and 10th year to maintain the registration.

Failure to meet these deadlines may result in cancellation. Additionally, it’s important to actively monitor the market to prevent infringement. If infringement is found, you can start with a cease-and-desist letter from your attorney, and escalate to litigation if necessary.

6. Common Questions and Practical Advice

1. Is it mandatory to hire a U.S. attorney?

If you're not based in the U.S., you are required by USPTO to work with a U.S.-licensed attorney when filing a trademark application. While this adds to the cost, a professional can help avoid legal pitfalls and increase your chances of approval.

2. Can I register a Chinese-character trademark?

Yes. USPTO accepts trademarks in non-Latin scripts, but you must provide an English translation or transliteration, along with an explanation of its meaning if any.

3. How long does the process take?

The entire process typically takes 8-12 months, depending on the USPTO’s workload, whether any objections arise, or if additional documents are needed.

7. Final Thoughts

The U.S. market is vast, but competition is fierce. A legally protected trademark is your brand’s first line of defense when expanding overseas. Whether you're entering a new market or building long-term brand equity, proper planning and a strategic approach to trademark registration are essential.

We hope this guide gives you a clear roadmap for registering your trademark in the U.S. and helps your brand take off with confidence - going further and flying higher.

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