How to Get Your Own Trademark

You’ve got a name, logo, or slogan you love—and now you’re ready to protect it. But where do you start?

Whether you're launching a new brand or leveling up an existing one, getting a trademark is one of the most important legal steps you can take to protect your business identity.

Here’s a step-by-step breakdown of how to get your own trademark, and what to expect along the way.

Step 1: Make Sure Your Trademark Is Strong

Before you file anything, you need to evaluate whether your mark is likely to be approved—and enforceable.

A strong trademark is:

• Distinctive (not generic or too descriptive)
• Original (not already in use)
• Appropriate for your industry and audience

Avoid trademarks that simply describe your product or service. Instead, aim for names that are unique, memorable, or suggestive—like “Amazon” or “Snapchat.”

Step 2: Conduct a Trademark Search

You’ll want to make sure your trademark isn’t already taken or too similar to another registered mark.

That means searching:

• The USPTO Trademark Electronic Search System (TESS)
• Business name databases
• Domain names and social media handles
• App stores, product listings, and local competition

Just because a name isn’t registered doesn’t mean it’s safe to use. A clearance search is critical. You can also hire a trademark attorney to run a professional search and provide a legal opinion on the risk.

Step 3: Determine Your Filing Basis

There are two main ways to file:

• Use in Commerce: You’re already using the trademark to sell goods or services.
• Intent to Use: You haven’t launched yet, but you plan to.

If you’re not ready to go live, an "intent to use" application reserves your rights until you're ready to show actual use in commerce.

Step 4: Prepare and File Your Application

When you’re ready to file, you'll need to gather:

• The name, logo, or phrase you want to register
• A description of the goods/services it represents
• The appropriate International Class(es) for your offering
• A specimen (if filing under “use in commerce”)
• Government filing fees ($250–$350 per class)

You can file through the USPTO’s TEAS system. Or, for better strategy and accuracy, you can work with an attorney.

Step 5: Respond to Office Actions (If Needed)

A USPTO examining attorney may issue an Office Action with questions, objections, or denials.

You’ll have 3–6 months to respond. An attorney can help write a persuasive response to keep your application on track.

Step 6: Wait for Approval and Publication

If approved, your application is published in the Official Gazette. Others have 30 days to object.

• If no one opposes, you’ll get a Registration Certificate (for Use in Commerce)
• Or a Notice of Allowance (for Intent to Use)

If Intent to Use, you’ll then need to file a Statement of Use to complete registration.

Step 7: Maintain and Protect Your Trademark

After registration, keep it active and enforceable by:

• Filing renewal documents in year 5–6 and at year 10
• Monitoring for similar marks
• Taking enforcement action if needed

Final Thoughts

Getting your trademark isn’t complicated—but it’s not casual either.

With the right strategy and support, your brand can be legally protected for years to come.

Make your mark—Tampa’s trademark attorney protects it.