How to Register a Trademark as a Startup: A Step-by-Step Guide for Illinois Founders

Your product name is your brand. Protecting it—before a competitor registers it or before you discover a conflict during Series A diligence—is one of the smartest early investments a startup can make. This guide walks through the trademark registration process specifically for Illinois founders, including what to file, when to file, and what to expect.

Step 1: Conduct a Trademark Clearance Search Before Anything Else

Before spending money on a USPTO filing, you need to know whether your mark is available. A trademark clearance search reviews:

• The USPTO trademark database (TESS): Existing registered marks and pending applications that could conflict with yours
• Common law uses: Unregistered marks that have established trademark rights through use, found in web searches, industry databases, and business name registrations
• Illinois Secretary of State records: State trademark registrations and business name filings
• Domain registrations: Who owns similar domains

Clearance isn’t just about identical marks—you need to check for marks that are confusingly similar to yours in the same or related goods/services. A mark doesn’t have to be identical to block your registration or generate an infringement claim.

Step 2: Identify Your Goods and Services (Classes)

Trademarks are registered for specific goods and services, organized into 45 international classes. You must identify precisely what goods or services you’ll register for. Examples:

• Class 35: Advertising, business management, retail store services
• Class 36: Financial services, insurance, fintech
• Class 42: Software as a service (SaaS), IT services, technological research
• Class 45: Legal services

Each class you file in requires a separate filing fee ($350/class for electronic filing using the standard TEAS Plus application). Most startups file in 1–3 classes covering their primary product or service.

Step 3: Determine Your Filing Basis

Your USPTO application must identify a legal basis for your claim to the mark:

Use in Commerce (Section 1(a))

If you’re already using the mark in commerce (selling products, operating a service), you file under Section 1(a) with a specimen showing the mark in use. This is the straightforward basis for most operating startups.

Intent to Use (Section 1(b))

If you haven’t launched yet but intend to use the mark, you can file under Section 1(b) to reserve your priority date. The mark isn’t registered until you file a Statement of Use proving actual use—but your priority date goes back to the application date. This is valuable for pre-launch startups who want to lock in their place in line.

Step 4: File Your USPTO Application

File through the USPTO’s Trademark Electronic Application System (TEAS) at USPTO.gov. The current standard fee is $350 per class for TEAS Plus applications (the standard option for most startup filings).

Your application must include:

• The mark itself (word mark or design/logo)
• Applicant identification (individual or entity name, address)
• Filing basis (1(a) or 1(b))
• Identification of goods/services with international class
• For 1(a) applications: a specimen showing the mark in use and the date of first use in commerce

Step 5: The Examination Process

After filing, the USPTO assigns a trademark examining attorney who reviews your application. Current wait times are approximately 8–12 months for initial examination. The examiner may issue an Office Action raising objections—descriptiveness, likelihood of confusion with a prior mark, or technical deficiencies. You have 3 months to respond (extendable to 6 months for a fee).

If no objections arise (or if objections are resolved), the mark is published for opposition in the Official Gazette. Third parties have 30 days to file an opposition. If no opposition is filed, the mark proceeds to registration (for 1(a) applications) or a Notice of Allowance is issued (for 1(b) applications, requiring a Statement of Use).

Timeline: How Long Does Trademark Registration Take?

Stage	Approximate Timeline
Filing to first examination	8–12 months
Responding to Office Action (if any)	3–6 months after Office Action
Publication for opposition	~1 month after approval
Opposition period	30 days
Registration (1(a)) or Notice of Allowance (1(b))	2–3 weeks after opposition period
Total (uncontested 1(a))	12–18 months

Maintaining Your Trademark Registration

Trademark rights require ongoing maintenance. After registration, you must:

• File a Section 8 Declaration between years 5 and 6 confirming continued use
• File a Section 9 Renewal every 10 years
• Continue using the mark—non-use can result in abandonment
• Actively police your mark against infringers

FAQ: Trademark Registration for Illinois Startups

Should I register my logo separately from my name?

Often yes. A word mark (the name alone) provides broader protection because it covers any stylization. A design mark (the logo) covers that specific design. Many startups file both. If budget is limited, start with the word mark—it provides the strongest foundational protection.

Can I use ® before my mark is registered?

No. ® is reserved for federally registered marks. You can use ™ (for goods marks) or ℠ (for service marks) as soon as you’re using the mark in commerce, to signal your common law trademark claim. Using ® before registration is a federal violation.

Fitter Law handles trademark clearance searches and USPTO filings for Illinois startups on a flat-fee basis. Learn about our trademark services or view our packages.