How long does it take to trademark a name?

The typical timeline is **8 to 12 months** from filing to registration, assuming no Office Actions or oppositions. If an Office Action is issued, add 1–3 months for response and re-examination.

Can I trademark a name that someone else is using?

It depends. If the other party is using the name for completely different goods/services in a different industry, coexistence may be possible. However, if there's a likelihood of confusion, the USPTO will refuse your application. A [comprehensive search](/free-trademark-check) before filing identifies these conflicts.

Do I need an attorney to file a trademark?

U.S.-domiciled applicants can file without an attorney, but errors in the application are the leading cause of delays and refusals. Foreign-domiciled applicants are **legally required** to use a U.S.-licensed attorney. --- *Last updated: February 2026. Reflects the current USPTO unified filing system and fee schedule.* *Ready to get started?* [Check your name's availability for free](/free-trademark-check) — it takes less than a minute.

How to Trademark a Name: The 2026 Step-by-Step Guide

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