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Country trademark guide · Updated

Trademark registration in the United States

To register a trademark in the United States, file with the USPTO or designate the United States through the Madrid System. The US system is built on actual use: most direct applications must show use before registration, continued use must be declared later, and applicants domiciled abroad need a US-licensed attorney.

Order online · United States trademark registration

Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

Start your order (United States selected) Get a trademark search report first

Five questions first

Which route?File directly with the USPTO if you only need the United States or want flexibility in describing your goods; designate the United States through Madrid if you already have a home application or registration and want several countries.Details ↓What do I need?The applicant's name and domicile address, the mark, and goods or services in USPTO standard wording; if you already use the mark in the United States, evidence of that use.Details ↓How are official fees charged?From USD 350 per class, with surcharges for non-standard descriptions of goods or services. Service fees, including the US attorney's fee, are quoted after you submit the order.Details ↓How long does it take?Official statistics: first examination action after about 4.5 months on average, final disposal after about 10 months; office actions or oppositions add time.Details ↓What are the main risks?Similarity to an earlier mark, a mark that merely describes the goods, and unacceptable evidence of use are the three most common grounds for refusal.Details ↓
Key facts

Trademarks in the United States: key facts

OfficeUnited States Patent and Trademark Office (USPTO), part of the US Department of Commerce. Website and search links: IP Toolbox.
LawLanham Act (15 U.S.C. §1051 et seq.); procedural rules in 37 CFR Part 2
Filing basis and useDepends on the basis: use in US commerce (Section 1(a)), evidence of use filed with the application; intent to use (Section 1(b)), a statement of use required before registration; a home registration (Section 44(e)) or a Madrid designation (Section 66(a)), no evidence of use before registration, but a genuine intention to use the mark is required
Madrid SystemMember since 2 November 2003; the United States can be designated through Madrid
Foreign applicantsApplicants domiciled outside the United States must be represented by a US-licensed attorney (37 CFR §2.11, since 3 August 2019)
LanguageEnglish; wording in another language needs an English translation, and non-Latin characters need a transliteration
Multi-class applicationsAllowed; official fees are charged per class
Examination time (official statistics)First half of fiscal year 2026: first examination action after about 4.45 months on average; about 10 months on average from filing to final disposal (registration or abandonment)
Office action response (statutory)3 months, extendable once by 3 months for a fee; Madrid designations: 6 months, not extendable
Opposition (statutory)30 days from publication; extensions can be requested
Term and maintenance10 years. Direct registrations: Section 8 declaration of use in years 5–6, renewal every 10 years. US protection obtained through Madrid: a Section 71 declaration is filed with the USPTO instead, and the international registration is renewed with WIPO
Non-useNon-use for 3 consecutive years is presumed to be abandonment; third parties can seek cancellation
Filing feeUSD 350 per class (in force since 18 January 2025)

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

Direct filing or a Madrid designation

Both routes lead to US protection. They differ in prerequisites, fee structure, flexibility and risk.

ItemDirect filing with the USPTOMadrid designation of the United States
PrerequisiteNoneA basic application or registration at your office of origin
Official feesFrom USD 350 per class, paid to the USPTOBasic fee and a US individual fee (per class, in Swiss francs; see the WIPO fee calculator) paid to the World Intellectual Property Organization (WIPO)
Goods and servicesMust meet USPTO standard wording; can be narrowed during examinationMust also meet US requirements, and cannot go beyond the scope of the basic application
US attorneyRequired from filing for applicants domiciled abroadNot needed to file through WIPO; required once a US office action has to be answered before the USPTO
Office action response3 months, extendable by 3 months for a fee6 months, not extendable
Use requirementsUse-based: evidence of use filed with the application. Intent to use: a statement of use before registration. Based on a home registration (Section 44(e)): no evidence of use before registrationNo proof of use before registration; a Section 71 declaration of use must be filed with the USPTO in years 5–6 after registration and within the year before the end of each 10-year period
RenewalEvery 10 years with the USPTO (Section 8 declaration of use and Section 9 renewal filed together)The international registration is renewed with WIPO every 10 years; the Section 71 declaration follows its own deadlines, counted from the US registration date
Dependency riskNoneIf the basic application or registration is refused or cancelled within 5 years, the US designation falls with it (it can be transformed into a US national application within the set time limit)
Best forYou only need the United States; you want flexibility; you have no home filing to rely onYou already have a home filing and want protection in several countries

Not sure? Run a free search first, then submit an order online; the agent will recommend a route based on the search results.

What to prepare

Documents checklist

For a direct application to the USPTO, prepare the following information and documents. Signed documents such as a power of attorney are provided after the order is accepted, following the instructions you receive.

Applicant

  • Name (for a company, its full legal name as registered)
  • Domicile address: an actual residence or place of business; a post office box alone is not accepted
  • Legal entity type and place of organisation (for example, a limited liability company organised in Germany)

The mark

  • Word mark: the wording
  • Figurative or combined mark: a clear image (JPG); for a colour mark, state the colours claimed
  • Wording not in English needs an English translation; non-Latin characters need a transliteration

Goods and services

  • List them by Nice class, using USPTO standard wording (ID Manual) where possible; you can look them up by class in US trademark classification table on this site
  • Free-text descriptions incur a surcharge and are more likely to be queried

Filing basis

  • Already used in the United States: date of first use and evidence of use (for example, photos of goods or packaging bearing the mark, or an online shop page where the goods can be ordered)
  • Not yet used: file on an intent-to-use basis and submit a statement of use before registration
  • Registered at home: you can file on the basis of your home registration (Section 44(e)); no evidence of use is required before registration, but you must genuinely intend to use the mark. Submit the home registration certificate with an English translation
  • Earlier application filed abroad: priority can be claimed within 6 months

Evidence of use must show genuine use in US commerce. Digitally altered or fabricated evidence leads to refusal and, in serious cases, to sanctions by the USPTO.

Find your class

US trademark classification table (USPTO ID Manual)

The US classification table on this site organises the English entries of the USPTO's Trademark ID Manual (Acceptable Identification of Goods and Services) under the 45 Nice classes: 71,543 entries in total.

When filing in the United States, choose standard wording from it wherever you can: you avoid the surcharge for free-text descriptions and are less likely to be asked to amend the wording during examination. Before filing, check again in the USPTO's official ID Manual. Click a class below to see its entries.

US01 ChemicalsUS02 Paints and varnishesUS03 Cosmetics and cleaning preparationsUS04 Industrial oils, greases and fuelsUS05 PharmaceuticalsUS06 Metal goodsUS07 MachineryUS08 Hand tools and implementsUS09 Scientific and electronic apparatusUS10 Medical apparatusUS11 Lighting, heating and air conditioningUS12 VehiclesUS13 Firearms and explosivesUS14 Jewellery and watchesUS15 Musical instrumentsUS16 Paper and stationeryUS17 Rubber and plastics goodsUS18 Leather goodsUS19 Building materialsUS20 FurnitureUS21 Household and kitchen utensilsUS22 Ropes, nets, bags and tentsUS23 Yarns and threadsUS24 Textiles and fabricsUS25 Clothing, footwear and headwearUS26 Lace, haberdashery and ornamentsUS27 Carpets, mats and wall hangingsUS28 Toys, games and sporting goodsUS29 Meat, fish, dairy and preserved foodsUS30 Staple foods, coffee, tea and confectioneryUS31 Agricultural and fresh produceUS32 Beers and non-alcoholic beveragesUS33 Alcoholic beveragesUS34 Tobacco and smokers' articlesUS35 Advertising and businessUS36 Finance, insurance and real estateUS37 Construction and repairUS38 TelecommunicationsUS39 Transport and storageUS40 Treatment of materialsUS41 Education and entertainmentUS42 Scientific and technological servicesUS43 Food, drink and accommodation servicesUS44 Medical, beauty and agricultural servicesUS45 Legal, security and personal services

Open the US trademark classification table →

How long

Process and timeline

Example: a direct application with no opposition.

  1. Step 1

    Clearance search (recommended)

    Search for similar marks and settle the description of goods and services

  2. Step 2

    Filing

    File through the USPTO system and receive a serial number

  3. Step 3

    Substantive examination

    First examination action after about 4.5 months on average (official statistics)

  4. Step 4

    Office action response

    If any: respond within 3 months, extendable by 3 months (statutory)

  5. Step 5

    Publication

    30-day opposition period (statutory)

  6. Step 6

    Registration

    Use-based applications and those based on a home registration register after the opposition period; intent-to-use applications register after a statement of use is filed

For intent-to-use applications, the USPTO issues a notice of allowance once the opposition period ends. You must file a statement of use within 6 months; extensions of 6 months each are available, up to 36 months from the notice of allowance.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees are charged per class. The table below shows the current USPTO fees; each additional class in the same application adds another filing fee.

ItemChargedAmountApprox. USD
Paid on filing
Base application fee (per class; surcharges apply for incomplete information or free-form descriptions)Per class350 USDUSD 350
Payable when applicable
Surcharge: insufficient informationPer class100 USDUSD 100
Surcharge: free-form text instead of the ID ManualPer class200 USDUSD 200
Surcharge: each additional 1,000 characters of descriptionPer class200 USDUSD 200
Statement of Use (intent-to-use applications, before registration)Per class150 USDUSD 150
Extension of time to file a Statement of Use (each 6 months)Per class125 USDUSD 125
Keeping the registration
Section 8 declaration of use (between years 5 and 6)Per class325 USDUSD 325
Renewal: combined Sections 8 and 9 (every 10 years)Per class650 USDUSD 650

Source: USPTO Trademark fee information · current fees in force since 2025-01-18 · checked on 2026-10-06

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Example: an application covering 2 classes, all in standard wording, costs 2 × USD 350 = USD 700 in official fees at filing.

Service fees, including the US attorney's fee, are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to the United States and common refusals

These are the most common grounds for refusal in US examination, along with US-specific rules that are easy to overlook.

Likelihood of confusion (Section 2(d))

The most common ground for refusal. The examiner compares your mark with registered marks and earlier applications to see whether the marks and goods are likely to confuse consumers. A clearance search before filing greatly reduces this risk.

Descriptiveness (Section 2(e)(1))

Marks that directly describe the quality, function or purpose of the goods are refused. If the mark has been in use for some time, consider the Supplemental Register first.

Unacceptable evidence of use

Evidence must show the mark actually used in US commerce on the goods applied for. Mock-ups, advertising images or altered pictures are refused.

Unclear description of goods

The description must be specific enough for the USPTO to tell what it covers. ID Manual standard wording avoids the surcharge and is less often queried.

Post-registration audits and cancellation

The USPTO audits evidence of use for registered marks, and third parties can request expungement or reexamination of marks that have never been used. Registering without using is high-risk.

Get a trademark search report: can your mark be registered in United States?

Sign in, enter the mark and goods and submit a preliminary search; charged per search, with the report delivered to your account and email.

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After registration

Keeping the registration

A US registration must be shown to be in use at set intervals; miss a deadline and the registration is cancelled. Registrations obtained directly from the USPTO and US protection obtained through Madrid are maintained differently, and their deadlines are counted separately.

WhenWhat to doOfficial fee (per class)
Direct registration: years 5–6 after registrationFile a Section 8 declaration of use with current evidence of use (can still be filed in the 6-month grace period after the deadline, for an extra fee)USD 325
Direct registration: years 9–10, then every 10 yearsRenewal: Section 8 declaration of use and Section 9 renewal filed togetherUSD 650
US protection through Madrid: years 5–6 after the US registration date, and within the year before the end of each 10-year periodFile a Section 71 declaration with the USPTO, with current evidence of useUSD 325
Madrid: every 10 years from the international registration dateRenew the international registration with WIPO; US protection continues with itWIPO fees
Any timeRecord assignments and changes of name or address with the USPTOVaries

US protection obtained through Madrid runs on two clocks: the Section 71 declaration counts from the US registration date, the international renewal from the international registration date. They rarely fall in the same year, so note both.

Once registered, you can record the mark with US Customs and Border Protection (CBP) to stop infringing imports at the border; e-commerce brand registries usually also require a registered or pending trademark.

FAQ

Trademark registration in the United States

How much does a US trademark cost?

Official fees start at USD 350 per class (since 18 January 2025). Non-standard descriptions or incomplete information incur surcharges, and intent-to-use applications also pay a statement of use fee before registration. Service fees, including the US attorney's fee, are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does US trademark registration take?

According to USPTO figures for the first half of fiscal year 2026, the first examination action takes about 4.45 months on average and the whole process about 10 months from filing to final disposal. Office actions, oppositions or a statement of use for intent-to-use applications take longer.

Can I register a mark that is not in English?

Yes. Wording in another language needs an English translation, and non-Latin characters need a transliteration. If you sell to US consumers, consider also registering the English version of the brand.

Can I apply before selling in the United States?

Yes. You can file on an intent-to-use basis, but you must start using the mark in the United States before registration and file a statement of use within 6 months of the notice of allowance (extensions available, up to 36 months).

If the mark is registered at home, you can also file on the basis of that registration (Section 44(e)) or designate the United States through Madrid. No evidence of use is required before registration, but you must genuinely intend to use the mark, and you will still have to prove use in the United States in years 5–6 after registration.

Can an individual apply for a US trademark?

Yes. Individuals and companies can both be applicants. Anyone domiciled outside the United States must be represented by a US-licensed attorney.

How do I choose classes and word the goods for a US application?

Find the Nice class, then use USPTO standard wording for the goods or services wherever possible. You can look up the USPTO entries by class in US trademark classification table on this site; if you are unsure, the agent will settle the wording with you after you submit the order.

Other IP rights

Patents: US patents are examined by the USPTO. Utility patents last 20 years from the filing date, and PCT applications can enter the US national phase.

Designs: protected as a type of US patent (design patent) for 15 years from grant, not renewable; the United States can also be designated through the Hague Agreement.

Patent applications are handled through an affiliated patent agency.

IP news: United States

Other countries and territories in the region

Canada　·　Mexico　·　Panama

Downloads

Ready to file?

Order online · United States trademark registration

Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

Start your order (United States selected) Get a trademark search report first

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Notice: the services described on this page are carried out by locally licensed partner firms; J&C is your point of contact and coordinates and delivers the work. Fees shown are estimates; official fees are those actually charged by the office and the final quote is confirmed by an agent. Examination times are set by each office and the outcome depends on official examination; we make no promise as to results. By submitting an order you agree that the information needed for the work is shared with the relevant partner firm (which may be outside your country). This page is general information, not legal advice.

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