How to Register and Protect Your Trademarks

Updated August, 2026.

Trademarks help customers distinguish one company’s goods and services from those offered by competitors. This article explains the basic federal trademark registration process, including filing an application, USPTO examination, publication, and the trademark owner’s continuing responsibility to maintain and enforce the registration. 

Key Takeaways

• Trademarks can protect names, logos, slogans, symbols, and other identifiers associated with goods or services.
• Federal trademark registration provides important benefits beyond rights that may arise simply through use of a mark.
• A trademark search can help identify potentially conflicting marks before an application is filed.
• The USPTO reviews applications for legal requirements, including whether a proposed mark creates a likelihood of confusion with existing trademarks.
• Approved applications generally undergo a publication period during which third parties may oppose registration.
• Trademark owners are responsible for maintaining their registrations and protecting their marks against infringement.
• A trademark attorney can assist with searches, applications, Office Actions, oppositions, maintenance, and enforcement.

Registration is Essential to Protecting Your Good Name and Reputation 

Protecting your business’s intellectual property is a task best handled by a knowledgeable and experienced California trademark law firm. A trademark (sometimes referred to as a service mark) includes any word, sign, symbol, or device that is used by one business to distinguish its goods and/or services from another business. Registering your trademark is essential to protecting your company’s good name and reputation. The application process to obtain trademark protection can be lengthy and confusing. A California trademark attorney can help you through the application process and obtain trademark protection more quickly.

Overview of Trademark Application Process

Not every sign or symbol is eligible for trademark protection. Once you have selected a sign, symbol, or other “mark” that does qualify for protection, however, and that mark has little likelihood of causing confusion with another mark already registered, the following steps must be completed:

• Preparing and submitting the application: The process for obtaining trademark protection officially begins when the mark owner files an application with the United States Patent and Trademark Office (USPTO). The application will include information about the mark itself (its format and design) as well as the goods and/or services to which it corresponds (for example, the trademark for Apple computers – the apple with a “bite” out of the right side – corresponds to a particular type of computing devices). This application and the requisite filing fees are submitted for approval to the USPTO.
• Review by a USPTO examining attorney: Once it is determined that the application meets minimum requirements, a USPTO examining attorney will review your application and proposed mark more closely. Of particular concern to the USPTO attorney will be whether your mark is substantially similar to an existing mark. If there is a substantial reason why your mark should not be registered, the attorney may send a letter explaining the problem. You would then have a limited amount of time to remedy the problem or else your application will be considered to be abandoned.
• Publication of mark: If the mark is approved, it will be published in the “Official Gazette”. Individuals who believe their own mark or business will be harmed by the registration have a 30-day window from the date of first publication to object to the registration of the mark. If there is no opposition (or if the opposition is unsuccessful in challenging the registration), the mark will be registered. It then falls to the mark’s owner to maintain the registration and take action against those he or she believes are infringing on the trademark.

Contact a California Trademark Attorney Today

JGPC Law is your California trademark law firm to call with your IP, trade secrets, and business needs. We can assist you in applying for trademark protection as well as responding to objections from other businesses or the USPTO attorney assigned to your application. Our firm serves clients throughout California, including small businesses in San Leandro, Berkeley, Oakland, Livermore, Pleasanton, Danville, Walnut Creek, and Concord. Call our firm at (925) 463-9600 for assistance in registering your trademark, or reach us through our firm’s online contact form.

Frequently Asked Questions

Do I have to register a trademark to have trademark rights?

Not necessarily. Trademark rights can arise from using a mark in commerce, but federal registration can provide significant additional legal benefits and protections.

What can be registered as a trademark?

Words, names, logos, symbols, slogans, designs, and certain other identifiers may qualify for trademark protection when they distinguish the source of particular goods or services.

Should I search for existing trademarks before applying?

Yes. A trademark search can identify existing marks that could create conflicts or lead the USPTO to refuse registration because of a likelihood of confusion.

How does the federal trademark registration process work?

An applicant generally submits an application to the USPTO, where an examining attorney reviews the proposed mark and application. Depending on the application, the process may also involve responding to Office Actions, publication for opposition, and completing additional requirements before registration.

What is an intent-to-use trademark application?

An intent-to-use application allows a business to apply for federal trademark registration before it has begun using the mark in commerce, provided there is a bona fide intention to use it. Additional filings are generally required before the registration can be completed.

What happens if someone opposes my trademark application?

A party that believes it may be harmed by registration can file an opposition with the Trademark Trial and Appeal Board. Trademark applicants may benefit from legal representation when responding to an opposition.

Does a federal trademark registration last forever?

Potentially, but registration is not automatic or permanent without action by the owner. Trademark owners must continue using their marks and submit required maintenance filings to keep federal registrations active.