No legalese. No surprise bills. Just what you need to know before you file.
A trademark protects your brand — not an invention (that's a patent) and not written or creative content (that's copyright). It covers whatever customers use to recognize your business: your name, your logo, a tagline, sometimes even a distinctive color or package shape.
Everything in trademark law comes back to one question: would a customer be confused into thinking two brands are connected? That's the test the USPTO and courts use, and it's why picking a name that's genuinely different from what's already out there matters more than most business owners realize before they file.
Most small businesses start with a word mark because it protects the name in any font or color. A logo mark only protects the specific design — if a competitor copies your name in a different style, a logo-only registration won't stop them.
| Symbol | Meaning | Requires Registration? |
|---|---|---|
| ™ | Claims trademark rights in a physical product | No — use it any time |
| ℠ | Claims trademark rights in a service | No — use it any time |
| ® | Federal registration is granted | Yes — using it before registration is a violation |
Plenty of businesses slap ® on their logo the day they file. Don't — it's not accurate until the certificate is actually issued, and it can be used against you later.
Some names are nearly impossible to register no matter how much you love them. The USPTO ranks marks on a spectrum, and where your name falls determines how easy — or expensive — the process will be.
This is the first thing we check before filing anything. A name like "Minnesota Cleaning Co." for a cleaning business describes exactly what it does — that's the hardest kind of name to register. A distinctive or invented name clears faster and holds up better if someone copies it.
Minnesota offers its own trademark registration through the Secretary of State. It's cheap and fast, but it only protects you inside Minnesota's borders.
| Minnesota State Registration | USPTO Federal Registration | |
|---|---|---|
| Geographic scope | Minnesota only | All 50 states |
| Typical timeline | Weeks | ~8–14 months |
| Right to use ® | No | Yes |
| Federal court access | No | Yes |
| Good fit for | Strictly local, in-person-only businesses | Anyone selling online, shipping out of state, or planning to grow |
If you sell anything online — even through Etsy, Shopify, or Instagram — you're already reaching customers outside Minnesota. That alone usually tips the decision toward federal registration.
The USPTO overhauled its fee structure in January 2025 — the old "TEAS Plus" and "TEAS Standard" tiers you might have heard about are gone.
| Fee | Amount |
|---|---|
| Base application fee (per class) | $350 |
| Surcharge — incomplete information | +$100 per class |
| Surcharge — custom (non-ID Manual) description | +$200 per class |
| Surcharge — each extra 1,000 characters in description | +$200 per class |
Where the real cost difference shows up isn't the government fee — it's attorney fees. Full-service law firms often bill hourly for searches, drafting, and every office action response, which adds up fast. Twin Cities Trademarks quotes a flat fee up front for the search, filing, and standard prosecution — so a $350 government fee doesn't turn into a $2,000+ surprise.
Minnesota-based companies like 3M, Target, and Best Buy built names with little literal connection to what they sell — which is exactly why they're so easy to protect nationally. "Target" for a retail store sits in the "arbitrary" zone on the spectrum in Fig. 2, and that distance from the literal product is what makes it strong.
Names like "St. Paul Cleaning Services" or "Twin Cities Web Design" describe exactly what the business does and where it's located — which makes them some of the hardest marks to register. A more distinctive name, even a short invented one, clears the USPTO faster and holds up better against copycats.
A home-based Etsy seller in Rochester or a Duluth boutique selling merchandise online is already doing business nationwide the moment their storefront goes live — regardless of where they're physically located. That's usually the point where relying on Minnesota state registration alone stops making sense.
No. Using a name or logo in commerce gives you basic common-law rights in the area where you actually do business. Federal registration adds nationwide protection, a legal presumption of ownership, and the right to use ® — none of which common-law rights give you.
Most straightforward USPTO applications take about 8 to 14 months from filing to registration if nobody objects, though examiner backlogs can stretch that timeline.
The USPTO's base filing fee is $350 per class as of 2026, with surcharges of $100–$200 per class for incomplete or non-standard filings. Attorney fees are separate — we quote flat fees up front so there are no surprises.
You can, but self-filed applications get rejected or challenged far more often — usually over avoidable issues like weak marks, wrong classes, or descriptions that don't match USPTO language. A flat-fee attorney review before filing often costs less than fixing a rejected application later.
No. Online filing services submit paperwork but can't give legal advice, evaluate how strong your mark is, or represent you if the USPTO issues an office action or another company opposes your application. That's the gap an affordable flat-fee attorney service closes.
Twin Cities Trademarks handles searches, USPTO filings, and office action responses for Minnesota businesses at a flat fee, entirely by phone or online — no office visit required.
Get a Free Consultation See Flat-Fee PricingTwin Cities Trademarks · (651) 222-3776 · Serving businesses across Minnesota
This article is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Trademark outcomes depend on the specific facts of your matter — consult a licensed attorney before making filing decisions.