Trademark registration in the United States (USPTO)
A US trademark is granted for a mark that is used in commerce, and a company based outside the US must file through a US-licensed attorney. Plan both before the first container ships.
How US trademark registration works for a foreign brand
Trademark registration in the United States is done with the US Patent and Trademark Office (USPTO). A company domiciled outside the US must be represented by a US-licensed attorney. The base filing fee is $350 per class, with surcharges if the goods description is incomplete or written as free text. You can file on actual use, on a bona fide intent to use, or on a foreign application or registration, but the registration has to be supported by use in US commerce. On USPTO data as of 1 October 2026, the first examination action takes 4.3 months on average and the whole process to registration or abandonment 10.4 months.
The use rule shapes the launch plan. With an intent-to-use application, the brand can be secured before sales start; after the Notice of Allowance you have six months to file a Statement of Use, extendable in steps up to 36 months. Later, between the fifth and sixth year after registration, the owner must declare that the mark is still in use, or the registration is cancelled.
Direct filing or Madrid
A US designation through the Madrid System is possible and is examined by the USPTO in the same way. It brings its own maintenance filing (Section 71) and the five-year dependency on the home mark described in our Madrid guide. Where the US is the main market, a direct application gives more control over the goods description. Other countries are compared in our trademark table.
What follows is general information. In a project, the US filing is made in your company’s name by a US-licensed attorney, who also decides the filing basis. Product rules are on our US market page.
USPTO registration at a glance
Fees and averages from USPTO pages checked on 3 November 2026.
| Item | Detail |
|---|---|
| Office | United States Patent and Trademark Office (USPTO) |
| Who can file / representative | The owner of the mark. Foreign-domiciled applicants and registrants must be represented by a US-licensed attorney; every applicant must give a domicile address |
| Application | Online through Trademark Center; basis: use in commerce, intent to use, foreign application or registration, or Madrid extension |
| Classes | Nice classes; fees are charged per class |
| Official fees | $350 per class base fee. Surcharges per class: $100 for insufficient information, $200 for free-form text instead of the ID Manual, $200 per extra 1,000 characters. Intent-to-use: $150 per class for the Statement of Use, $125 per class for each extension |
| Examination | An examining attorney checks registrability and conflicts with earlier US marks; objections come in an office action that must be answered by the deadline |
| Publication and opposition | Publication in the Official Gazette; 30 days to oppose, extendable on request up to 180 days from publication |
| Typical timing | First action 4.3 months on average; registration or abandonment 10.4 months on average (USPTO, 1 October 2026) |
| Validity and renewal | Declaration of use between years 5 and 6 ($325 per class); combined declaration and renewal every 10 years ($650 per class); grace period fee $100 per class |
| Use requirement | Registration needs use in US commerce; continued use is declared at the maintenance deadlines |
General information, not legal advice. Fees are paid in US dollars and change from time to time; the US attorney confirms the current schedule.
From search to registration
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1
Clearance search
Federal register first, then state registrations and unregistered use on marketplaces, which can also create rights in the US.
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2
Choose the basis
Intent to use if sales have not started; use in commerce if goods are already sold to US customers.
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3
Goods description
Pick terms from the USPTO ID Manual. It avoids the free-text surcharge and fewer queries follow.
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4
Filing by the US attorney
In the name of the company that will own the brand, with its real domicile address.
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5
Office action and publication
Respond to any objections, then 30 days of publication for oppositions.
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6
Use and registration
For intent-to-use filings, file the Statement of Use with a specimen showing the mark on the goods or packaging as sold.
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7
Maintenance
Diary the year-six declaration and the ten-year renewal.
What to prepare
- Legal name, entity type and domicile address of the owning company
- The word mark, and the final logo if filing a design mark
- Goods list per class using ID Manual wording
- Date of first use anywhere and in US commerce, if already selling
- Specimens: photos of the product, label or packaging, or a web page with a way to order
- Engagement of a US-licensed attorney and signatory details
Costly US mistakes
Mock-up specimens
A digitally altered image or a page without a way to buy is a common reason for refusing the specimen.
Free-text goods
Writing your own description triggers a $200 per class surcharge and often an office action.
Missing the Statement of Use
If no Statement of Use or extension is filed in time after the Notice of Allowance, the application is abandoned.
Forgotten year-six declaration
Without the declaration of use the registration is cancelled, even if the brand sells well.
Frequently asked questions
What are the USPTO trademark registration fees?
The base fee is $350 per class as of November 2026. Surcharges apply per class: $100 for insufficient information and $200 for using free-form text instead of the ID Manual. Intent-to-use filings add $150 per class for the Statement of Use.
How long does it take to register a trademark in the US?
USPTO data as of 1 October 2026 show an average of 4.3 months to the first examination action and 10.4 months to registration or abandonment. Objections, oppositions and intent-to-use filings take longer.
Do I need a US attorney to register a trademark?
Yes, if your company is domiciled outside the United States. The USPTO requires foreign-domiciled applicants and registrants to be represented by a US-licensed attorney.
Can I register a US trademark before selling in the US?
Yes, on an intent-to-use basis. Registration is issued only after you show use in commerce, within six months of the Notice of Allowance or within extensions of up to 36 months in total.
Does a US trademark help with Amazon Brand Registry?
Amazon accepts a registered or pending trademark from the owner of the mark. See our notes on selling on marketplaces.
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