Do’s and Don’ts of Registering a Trademark

Registering a trademark involves more than submitting a brand name. Your application identifies an owner, a particular mark, and the goods or services connected to it. Some mistakes can be corrected during review; others can mean starting again. This guide brings together practical do’s and don’ts from the USPTO’s guidance for U.S. trademark applications.

Use it as a preparation checklist, then review the requirements that apply to your own filing. Careful preparation helps you make informed decisions; it does not guarantee registration.

Source: USPTO common application problems.

1. Do choose a distinctive mark. Don’t rely on a generic name.

A strong trademark helps customers identify a particular source. Invented words, existing words used in an unrelated context, and suggestive names can be stronger choices than language that simply describes the product.

Do: Consider how the name relates to what you sell. Ask whether it identifies your business’s offering or merely tells customers what the product is.

Don’t: Assume attractive branding makes an everyday product name registrable. Generic terms cannot function as trademarks for those goods or services. Merely descriptive marks face additional hurdles and are registrable only in certain circumstances.

Source: USPTO strong trademark guidance.

2. Do search broadly. Don’t stop at an exact-name match.

Do: Search federal registrations and pending applications, and look beyond the USPTO database for earlier use in the marketplace. A fuller search can include state registries, domain records, and internet results for related goods or services.

Don’t: Treat an available domain or a clear exact-word search as proof that your mark is safe. Conflicts can involve similar sound, appearance, or meaning, and the products do not have to be identical to be related.

Our practical suggestion: keep a record of the searches you performed and the potentially relevant results. Investigate those results before committing to a filing or an expensive brand launch.

Source: USPTO clearance-search guidance.

3. Do identify the real owner. Don’t use a convenient substitute.

Do: Confirm the legal person or entity that owns the trademark, and enter its exact legal name and correct entity type.

Don’t: Put a founder, employee, or service provider in the owner field simply because that person is completing the form. Naming the wrong owner at filing can be an unfixable error requiring a new application.

Source: USPTO owner-identification guidance.

4. Do describe your actual offerings. Don’t claim everything in a class.

Do: Use clear, accurate descriptions of the goods or services offered under your mark. Review the USPTO’s ID Manual for suitable descriptions and classifications. Each listed item must be supported by qualifying use or a genuine intention to use, depending on the basis claimed.

Don’t: Copy an entire class description or add unrelated products “just in case.” A class number organizes goods or services; it is not a substitute for identifying them accurately. An application generally cannot be broadened later to include goods or services beyond its original scope.

Source: USPTO goods and services guidance.

Source: USPTO limits on changing an application.

5. Do choose the right filing basis. Don’t claim use before it exists.

Do: Distinguish an existing business activity from a future plan. Section 1(a) applies to qualifying use in commerce; Section 1(b) applies when you have a bona fide intention to use the mark in commerce.

Don’t: Select use in commerce simply because you have designed a logo or purchased a domain. Confirm that the relevant requirements are met before making a use claim. An intent-to-use filing has later requirements to establish use before registration.

Foreign applications, foreign registrations, and Madrid Protocol filings follow different routes. Check the requirements for the route you actually qualify for.

Source: USPTO filing-basis guidance.

6. Do decide what version to protect. Don’t confuse a drawing with proof of use.

Do: Decide whether you are applying for wording in standard characters or a particular design or stylization. The drawing identifies the mark being applied for; the type of drawing affects the protection sought.

Don’t: Assume one application automatically covers every logo variation. An application is limited to one mark. Separate versions may require separate applications.

A clean logo file can identify the design, but a specimen serves a different purpose: showing how the mark is actually used with the specified goods or services.

Source: USPTO drawings and specimens guidance.

7. Do provide genuine evidence. Don’t create a mockup to show use.

Do: Preserve real examples of what customers encounter. Depending on the offering, suitable evidence may include the mark on product packaging, a label attached to the goods, or advertising that directly connects the mark with services actually provided. Website specimens need the page URL and the date accessed or printed.

Don’t: Submit a digitally altered product image, proposed packaging, or a draft website as evidence of actual marketplace use. The specimen must reflect genuine use and match the mark and relevant offerings.

Where specimens are required, generally provide one per class; the USPTO may request more. The timing of that requirement depends on the filing basis.

Source: USPTO specimen requirements.

8. Do budget for the scope. Don’t assume one fee covers every offering.

Do: Confirm how many classes your application includes. USPTO filing fees are calculated per class, and additional charges may apply depending on the application and its requirements.

Don’t: Build your budget around a single advertised amount without checking what it includes. When requesting help from Onboard Trademark, ask for service charges and government fees to be itemized so you can review the proposed work and total before payment.

Source: USPTO classification and fee guidance.

9. Do monitor the application. Don’t treat filing as the finish line.

Do: Save your serial number, check the official record in TSDR, and keep your correspondence email current. The USPTO recommends checking pending applications at least every three to four months. Set separate reminders for every actual deadline.

Don’t: Wait for that routine check if a notice requires action sooner. An office action may require changes or a response addressing refusals. Read the notice carefully and respond to all required issues by the applicable deadline. Missing it can lead to abandonment.

For a fuller explanation of the stages after filing, read our trademark filing and registration timeline.

Source: USPTO status-monitoring guidance.

Source: USPTO office-action guidance.

10. Do use the appropriate symbol. Don’t use ® just because you applied.

Do: Understand the difference between claiming a mark and holding a federal registration. TM for goods and SM for services can be used without a federal registration, including before filing.

Don’t: Add the federal registration symbol merely because an application has been submitted or assigned a number. Use ® after federal registration, and only with the goods or services covered by that registration.

Source: USPTO trademark-symbol guidance.

11. Do verify unexpected demands. Don’t share your account password.

Do: Check unexpected requests against the official record and independently verified USPTO contact details. A message containing your serial number can still be fraudulent because application information is public.

Don’t: Pay an urgent “required” charge just because a caller or letter looks official. Be wary of threats, impersonation, and requests for sensitive information. Never share your USPTO.gov password, including with someone assisting with your filing.

Source: USPTO scam-recognition guidance.