--- title: "Trademark Guide: Classes, How to Apply, and Federal vs. State Filing | LLC Attorney" description: "Trademark hub guide: how the 45 USPTO trademark classes work, the federal application process and current fees, and how federal filing compares to state trademark registration." canonical: https://llcattorney.com/small-business-blog/trademark-guide image: https://llcattorney.com/images/share-cover.png source_path: /small-business-blog/trademark-guide --- A trademark protects the name, logo, slogan, or other brand asset that customers use to tell your business apart from everyone else's. Getting one right involves three decisions that trip people up: which class (or classes) of goods and services to file under, how to actually move through the application, and whether to register with the USPTO, your state, or both. This page is the overview. For the step-by-step walkthrough of searching the USPTO's database before you file, see [How to Conduct a Trademark Search Using the USPTO Database](/small-business-blog/trademark-search). For a worked example of what a state-level filing looks like, see [Filing a Trademark in Colorado](/states/co/filing-a-trademark-in-colorado). Ready to Launch Your Dream Business?Follow our fast, easy process to get started right now.[Start My Business](https://app.llcattorney.com/formation?intake_type=formation) ## Trademark Classes: Picking the Right One(s) The USPTO sorts every trademark application into one or more of **45 international classes**, based on the Nice Classification system used by most trademark offices worldwide. Classes 1–34 cover goods (physical products), and classes 35–45 cover services. For example, Class 25 covers clothing and footwear, Class 35 covers advertising and business services, and Class 45 covers legal services and other personal/social services. The classification schedule is periodically updated — the 12th edition has been in force since January 1, 2023, with the current annual update being NCL 12-2026 — so always confirm your class against the [USPTO's ID Manual](https://www.uspto.gov/trademarks/search/trademark-id-manual-tmid) rather than an old list. Class selection isn't a formality — it defines the scope of your legal protection and the goods/services identification you'll live with. Filing under the wrong class is one of the most common (and most expensive) mistakes: the USPTO generally won't let you broaden or swap a class after filing, which usually means abandoning the application and re-filing with a new fee. If your business sells across multiple categories — say, a branded apparel line (Class 25) and an online store selling it (Class 35) — you'll typically need to file (and pay) for each class separately. ## How to Apply: The Federal Process, Step by Step 1. **Clear the mark.** Search the USPTO's Trademark Electronic Search System (TESS) — and ideally common-law/state sources too — before you file. Our [trademark search walkthrough](/small-business-blog/trademark-search) covers this step in detail, including how to read the results for conflicts. 2. **Choose your filing basis.** Most applicants file under Section 1(a) (already using the mark in commerce) or Section 1(b) (a genuine intent to use it soon). Section 44 and Section 66(a) bases exist for applicants relying on a foreign registration or an international Madrid Protocol application. 3. **Identify your goods/services and class(es).** Use pre-approved language from the USPTO's ID Manual where possible — it's both faster to examine and cheaper (custom free-text descriptions outside the Manual, or descriptions exceeding 1,000 characters, can trigger additional per-class surcharges). 4. **File and pay.** As of the USPTO's 2025 fee restructuring, the base fee is **$350 per class** for a standard application, with surcharges (roughly $100–$200 per class) for incomplete information or non-Manual identifications. A one-class application starts at $350; a two-class application starts at $700, and so on. 5. **Wait for examination.** As of 2026, applications are commonly waiting **8–10 months** just to be assigned to an examining attorney, with total time to registration (assuming no issues) running roughly **10–14 months**. An Office Action — the examiner's formal objection or request — typically adds another 3–6 months per round, and responses are generally due within 3 months of issuance. 6. **Survive publication.** If approved, your mark is published in the USPTO's Official Gazette for a 30-day opposition period, during which third parties can challenge it. 7. **Get your registration certificate.** Assuming no opposition, the USPTO issues your federal registration. Because a rejected application doesn't get a refund, and because class and identification choices are hard to fix after filing, most businesses have a trademark attorney review the application before it's submitted — particularly for anything beyond a single-class, plainly-worded mark. Ready to Launch Your Dream Business?Follow our fast, easy process to get started right now.[Start My Business](https://app.llcattorney.com/formation?intake_type=formation) ## Federal vs. State Trademark Filing You don't have to choose only one — but understanding what each level actually buys you helps you decide where to start. - **Scope of protection:** A federal (USPTO) registration protects your mark nationwide, including U.S. territories, for the classes you registered. A state registration only protects you within that state's borders. - **Legal weight:** Federal registration creates a legal presumption of ownership and the exclusive right to use the mark nationwide for your registered goods/services, and gives you access to federal court for infringement suits (plus statutory damages in some cases). A state registration doesn't carry that same nationwide presumption, and a later federal registrant who used the mark first can generally stop a state registrant from continuing to use it outside — and sometimes within — that state. - **Cost and speed:** State filings are typically far cheaper and faster than a federal application — often processed in weeks rather than the better part of a year — but they buy narrower protection. - **Extras:** Only a federal registration lets you record your mark with U.S. Customs and Border Protection to help block infringing imports, and it can serve as the basis for international filings. Every state runs its own trademark registry through its secretary of state (or equivalent office), with its own fees, forms, and statutory basis — Colorado's, for instance, is filed under [the Colorado Secretary of State](https://www.sos.state.co.us/) per C.R.S. Title 7, Article 70, and runs in five-year renewable terms. We walk through that specific process, fee structure caveats included, in [Filing a Trademark in Colorado](/states/co/filing-a-trademark-in-colorado). If you operate in a different state, expect a broadly similar process — a short registration statement and a modest per-class fee — but check your own state's secretary of state site for the current numbers, since these vary by state and change without much notice. **Rule of thumb:** if you sell or plan to sell outside a single state, or your brand is a core business asset, federal registration is usually worth the extra cost and wait. A state filing can make sense as a fast, cheap stopgap for a purely local business, or alongside a pending federal application for added state-law remedies while you wait. ## Where to Go Next - [How to Conduct a Trademark Search Using the USPTO Database](/small-business-blog/trademark-search) — the full TESS walkthrough, with screenshots and how to interpret results. - [Filing a Trademark in Colorado](/states/co/filing-a-trademark-in-colorado) — what a state-level filing looks like in practice, and when it's worth doing alongside (or instead of) a federal application. Ready to Launch Your Dream Business?Follow our fast, easy process to get started right now.[Start My Business](https://app.llcattorney.com/formation?intake_type=formation) [Back to blog](/small-business-blog)