How it works
From a name to a cleared, monitored trademark
Five steps: search, read the verdict, pick your classes, file with the USPTO, then keep watching.
- 1
Search
Type the name you're considering. Brandmity queries live, public USPTO trademark records — registered and pending marks — and ranks the closest matches by how similar they sound, look and read.
- 2
Read the verdict
Every search returns a plain-English clear, caution or high-risk read, with the specific marks and reasons behind it. Only live (registered or pending) marks can raise risk; dead or abandoned marks are shown for context but never block a result. See exactly how scoring works on the methodology page.
- 3
Pick your filing classes
Trademarks are registered under one or more of 45 Nice classification classes. Describe what you sell and Brandmity suggests the classes that fit — most software products land in Class 9 (goods) or Class 42 (SaaS/services); apparel is Class 25, and so on.
- 4
File with the USPTO
Brandmity doesn't file on your behalf — it gets you to the filing decision with a clear head. Filing itself happens directly with the USPTO Trademark Center, on one of four filing bases (below), for a base fee per class.
- 5
Monitor the register
A clearance search is a snapshot. Once you're using or have filed a name, watch it — Brandmity checks the register on a schedule and alerts you if a confusingly similar mark is filed, including during the 30-day publication window when you can still oppose it.
Filing bases
Which basis do you file under?
The USPTO requires every application to claim one of four bases for eligibility.
§1(a)
Use in commerce
You're already selling under the mark across state lines.
Proof required: A specimen showing the mark in real commercial use.
§1(b)
Intent to use
You have a bona-fide intent to use the mark but haven't started.
Proof required: Later: a Statement of Use once you're selling.
§44(e)
Foreign registration
You own a registration for the mark in another country.
Proof required: A copy of the foreign registration.
§66(a)
Madrid Protocol
You're extending an international registration to the US.
Proof required: The international registration via WIPO.
Source: USPTO — what basis do you need to file, as verified on 2026-07-07.
Timeline
What to expect after you file
Typical pendency under normal USPTO processing. Individual applications vary.
| Stage | Roughly when | What happens |
|---|---|---|
| File application | Day one | Submit via the USPTO Trademark Center with your mark, classes and specimen or intent-to-use basis. |
| Examination begins | ~4 months in | A USPTO examining attorney reviews your application for conflicts and formalities. |
| Office action (if any) | ~6 months in | If there's an issue (e.g. a likelihood of confusion), you receive an Office action to respond to. |
| Publication for opposition | ~9 months in | The mark is published for 30 days so third parties can oppose. |
| Registration / Notice of Allowance | ~12 months in | Use-based marks register; intent-to-use marks get a Notice of Allowance and file a Statement of Use. |
Source: USPTO trademark process basics, as verified on 2026-07-07. Brandmity is an informational trademark-clearance tool, not a law firm, and does not provide legal advice. A clear result is not a guarantee of registrability — consult a licensed trademark attorney before filing.
Start with a free search
See where your name stands before you spend a filing fee.