Country Guide
Trade marks in United States
North AmericaUpdated 16 Feb 2026

Trade mark registration in United States

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Snapshot

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Office
USPTO
Exam + register
Timeline
First action ~4.5 months
Avg to register/abandon ~10.3 months
Opposition
30 days
Extensions available
Costs
$350/class (base)
Surcharges may apply · Madrid $600/class

United States trade mark registration overview

A US federal trade mark registration can strengthen brand protection nationwide and supports enforcement on major marketplaces. Applications are filed with the USPTO and handled through examination, publication for opposition, and registration.

Key topics: use-in-commerce vs intent-to-use filings, specimens, ID Manual wording, TTAB oppositions/cancellations, renewals and non-use/abandonment.

Registration process

1

Filing

Submit your application to the USPTO

2

Examination

USPTO examiner reviews your mark (~4.5 months)

3

Publication

Mark published in the Official Gazette for opposition

4

Opposition

30-day window for third-party objections

5

Registration

Mark registered (use-based) or SOU required (ITU)

Choose your path

Start here if you want the fast, practical answer.

Quick context: These FAQs cover the practical questions people ask most about US trade marks — searching, use vs intent-to-use, publication for opposition, fees (including 2025 fee rule surcharges), and post-registration maintenance.

FAQs

Short answers, then you act.

Getting started
Search, basis, opposition, fees.
How do I search before filing in the US?
Search the USPTO register for exact matches and close variants (spelling, sound, meaning). Also do market checks (web, socials, marketplaces) for real-world conflict risk.
Use-in-commerce vs intent-to-use: what's the difference?
Use-in-commerce (1(a)) filings submit a use claim (and usually a specimen) up front. Intent-to-use (1(b)) filings reserve your place, but you must later prove use by filing a Statement of Use (SOU) and paying additional fees before registration.
What are the official fees?
Base application fee (Sections 1 and 44) is $350 per class. Additional fees can apply (e.g., $100/class for insufficient information; $200/class for free-form ID text; $200/class per additional 1,000 characters beyond the first). Madrid (66(a)) filing fee is $600 per class. Post-registration: Section 8 is $325/class; Section 9 renewal is $325/class; SOU is $150/class.
How long does it take?
USPTO reports an average of about 4.5 months to first examining action and about 10.3 months to register or abandon (data updated through Dec 31, 2025). Timelines vary with objections, oppositions, and intent-to-use steps.
What is the opposition period in the US?
Opposition is typically filed within 30 days of publication. Extensions of time to oppose are available if requested before the deadline.
Filing routes
National vs Madrid, foreign applicants, and priority.
Madrid vs US national filing: which is better?
Madrid can reduce admin if you're covering multiple countries, but US fees for Madrid designations are higher per class. A direct US filing can be simpler if the US is the key market and you want maximum control of wording and basis.
Do foreign-domiciled applicants need a US attorney?
Yes. Foreign-domiciled applicants/registrants and TTAB parties must be represented by a US-licensed attorney in all US trademark matters.
Can I claim priority?
Usually yes — typically within 6 months of the earlier filing. Priority/foreign bases can also interact with Section 44 and Madrid filings depending on your situation.
How should I describe goods/services?
Use the USPTO ID Manual wording where possible. Free-form identifications can trigger additional fees and are more likely to attract objections.
After you file
SOU, maintenance, non-use and enforcement.
What is a Statement of Use (SOU)?
For intent-to-use (1(b)) filings, an SOU is the filing where you prove actual use in commerce (specimen + declaration) before the mark can register. SOU carries an official fee per class.
What filings keep a US registration alive?
You must file a Section 8 declaration (with specimen) between the 5th and 6th anniversaries of registration (with a 6-month grace period for an extra fee). Then file combined Sections 8 & 9 every 10 years after registration (also with 6-month grace). Section 15 (incontestability) can be filed in some cases but is optional.
Non-use/abandonment: when does it become a risk?
In US law, nonuse for 3 consecutive years can be prima facie evidence of abandonment (and is a common cancellation ground). Separately, failure to file required maintenance documents cancels the registration.
If someone copies me, what's the practical first move?
Start with evidence, then check whether they are pending/published/registered. Oppose during publication where possible; otherwise consider TTAB cancellation and platform takedowns (and court options for urgent cases).
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Next step
If you're unsure which basis fits, start with a clearance search and we'll recommend the right filing strategy (classes, ID Manual wording, and use/ITU path).

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This page is for informational purposes only and is not legal advice.