Law explainer
What is a federal trademark?
A trademark is “any word, name, symbol, or device, or any combination thereof” used “to identify and distinguish” one seller’s goods from others and “to indicate the source of the goods.”
15 U.S.C. §1127
By Bill, Business Growth Expert · Verified and checked on October 22, 2026
Short answer
A federal trademark is a brand name, logo, slogan or other source identifier registered with the U.S. Patent and Trademark Office (USPTO). You get some rights just by using a mark, but they are limited to the area where you trade. Federal registration adds nationwide priority from your filing date, a legal presumption that you own the mark, the right to use the ® symbol, and tools such as blocking counterfeit imports. A registration lasts 10 years and can be renewed indefinitely, as long as you keep using the mark.
How is a federal trademark different from common law and state rights?
| Common law | State registration | Federal registration | |
|---|---|---|---|
| How you get it | Using the mark in business | Filing with your state | Registering with the USPTO |
| Where it protects you | The area where you actually trade | That one state | All 50 states |
| Priority date | Your first use | Varies by state | Your filing date, once registered |
| Symbol you may use | ™ or ℠ | ™ or ℠ | ® |
| Presumption you own it | No. You must prove it | Limited | Yes, by law |
| Block counterfeit imports | No | No | Yes, by recording with U.S. Customs |
| Can become incontestable | No | No | Yes, after 5 years of continuous use |
Common law rights are real, but they stop where your customers stop. If someone else registers a similar name federally while you trade only locally, you may keep your local area but struggle to expand beyond it. See common law trademark rights and federal vs. state registration.
What does federal registration actually give you?
15 U.S.C. §1057(c)
Nationwide priority
Once registered, your filing date counts as use nationwide, ahead of anyone who started later.
15 U.S.C. §1057(b)
Presumption of ownership
The registration certificate is evidence that the mark is valid and that you own it.
15 U.S.C. §1072
Notice to everyone
Registration is treated as notice of your claim. Nobody can later say they didn’t know.
15 U.S.C. §1111
The ® symbol
Only registered marks may use ®, and proper notice helps you recover damages.
15 U.S.C. §1065
Incontestable status
After five years of continuous use and the right filing, many challenges to your mark are cut off.
15 U.S.C. §1124
Stopping counterfeit imports
Registrations can be recorded with U.S. Customs and Border Protection to stop infringing goods at the border.
What can be registered as a federal trademark?
The law says “any word, name, symbol, or device”, so it covers more than names. Brand names, logos, slogans, and in some cases colors, sounds and product shapes can all qualify, as long as customers see them as identifying who makes the product rather than what it is. A mark for services, such as a restaurant or consulting firm, is technically a service mark and is registered the same way.
Three things commonly block registration: names that are generic or merely describe the product, names likely to be confused with an existing mark for related goods, and marks that are not yet in use without a filing based on intent to use. Our guides to what can be trademarked and strong vs. weak marks go deeper.
What is the difference between the Principal and Supplemental Register?
Principal Register
For distinctive marks. This is what most people mean by a “federal trademark”. It carries all the rights above, including the presumption of ownership and the path to incontestability.
Supplemental Register
For marks in use that are descriptive but could become distinctive over time. You can use ® and block later conflicting filings, but you don’t get the presumption of ownership or incontestability.
How long does a federal trademark last?
A registration lasts as long as you use the mark and file on time. You file a Section 8 declaration of use between the 5th and 6th years after registration. Then you renew every 10 years with Sections 8 and 9 together. The USPTO fee is $325 per class for each section. Miss these and the registration is cancelled, even if you are still using the mark. See how to renew a trademark registration.
Getting one starts with an application in the USPTO's Trademark Center, at $350 per class. The USPTO reported about 4.5 months to a first decision and about 10 months total, as of May 2026. Read how to file on the official USPTO site, or let us prepare and file it for you.
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What is a federal trademark in simple terms?
It is a brand name, logo or other identifier registered with the USPTO. Registration gives you nationwide rights from your filing date and a legal presumption that you own the mark for the goods or services listed.
Do I need a federal trademark to have trademark rights?
No. Using a mark in business creates common law rights, but only in the area where you trade. Federal registration extends and strengthens those rights nationwide.
When can I use the ® symbol?
Only after the USPTO registers your mark. Before that, you can use ™ for goods or ℠ for services. Using ® on an unregistered mark can cause legal problems.
How long does a federal trademark last?
Indefinitely, as long as you keep using it and file the required maintenance documents: a declaration of use between years 5 and 6, then renewals every 10 years.
Is a federal trademark the same as registering my business name?
No. Registering an LLC or corporation with your state gives you a legal entity, not trademark rights. Trademark registration is a separate filing with the USPTO.
Legal disclaimer: This explainer is general information, not legal advice. Secure Mark USA is a trademark filing service, not a law firm, and none of our team members are attorneys. For advice about enforcing or defending a mark, consult a licensed trademark attorney.
Sources
- 15 U.S.C. §1127: Definitions (trademark, service mark)
- 15 U.S.C. §1057: Certificates of registration (presumption of validity; constructive use)
- 15 U.S.C. §1065: Incontestability
- 15 U.S.C. §1111: Notice of registration
- USPTO: Fee schedule, checked October 22, 2026
- USPTO: Reducing trademark pendency (May 2026 processing times)
Verified and checked on October 22, 2026.