United States · Registration guide

Trademark registration in the United States

Understand the filing basis, evidence and costs before applying to the USPTO. Start with your mark and business plans; confirm the right route before you pay or file.

Start free check Explore the filing options ↓

Prepared by Trademarkora · Official sources checked 7 September 2026

The short answer

What do you need to register a U.S. trademark?

Start with the correct owner, the mark you want to protect, a precise list of goods or services, and a suitable filing basis. The USPTO examines the application; payment and filing do not guarantee registration.

Applying from outside the United States?

Foreign-domiciled applicants must be represented by a U.S.-licensed attorney. The rule depends on domicile, not simply nationality. Check the USPTO rule

Before filing, compare potentially conflicting marks and describe what your business actually sells. A class number alone does not define the scope of protection.

Search U.S. trademark records →Explore goods & services classes →

Do I need to form a U.S. company to apply?

You do not need to form a company just to apply to register a trademark. The application must name the correct owner. Whether representation is required depends on the applicant's domicile; forming an entity does not remove the need to check that rule.

USPTO: identifying the owner · Representation requirements

Still deciding what to protect? Compare wording and logo preparation, or compare self-preparation with professional help.

Which filing basis fits your situation?

Already trading and preparing to launch are different starting points. Foreign applications or registrations may introduce other options.

U.S. national filing bases: situation, basis and what to prepare
Your situation	Possible basis	What it means
Already using the mark	Section 1(a) · Use in commerce	Prepare the relevant use dates and a specimen showing qualifying use for the goods or services claimed.
Planning a genuine launch	Section 1(b) · Intent to use	You can apply before use. An acceptable allegation of use and an additional fee are needed before registration on this basis.
Filed abroad recently	Section 44(d) · Foreign priority	An eligible foreign application filed within six months may support priority. This alone is not a registration basis.
Already registered abroad	Section 44(e) · Foreign registration	An eligible home-country registration may support registration. The U.S. goods or services cannot exceed that registration’s scope.

On a small screen, scroll the comparison horizontally. Filing and registration basis requirements

Example: a software business preparing to launch

A planned launch is not the same as qualifying use today. Keep a clear description of the service and genuine launch plans; discuss intent to use instead of presenting a mock-up as evidence of actual use. The correct basis still depends on the owner and facts.

How much does U.S. trademark registration cost?

For the agreed mark, applicant, classes and filing route, the published all-in package covers the normal process through initial registration, including standard professional work and government application and registration fees, when there is no office action, refusal or opposition. Responses to objections or disputes, changes to the agreed scope and post-registration maintenance are quoted separately.

Published all-in filing prices

1 class: $599
2 classes: $1,098
3 classes: $1,597
4+ classes: Exact Quote

One trademark, one applicant, standard direct electronic filing; standard government filing fee included; country-specific standard item limits apply.

Review the current U.S. price and scope →

Standard package

Application preparation, goods and services wording, filing-quality review, approved electronic filing and standard completion through initial registration for the agreed filing basis.

Separate when needed

Changes to the agreed filing basis or goods, non-standard requests, avoidable extensions, translations, objections, opposition and post-registration maintenance are outside the standard scope unless expressly included.

The USPTO charges a base application fee for each class in Section 1 or Section 44 applications. Incomplete information, custom descriptions and later intent-to-use filings can bring additional fees. These are official fee stages; a standard stage required to complete the agreed filing basis is included in our normal-process package. Madrid fees follow a different route. See the current official fee breakdown

Before you decide to pay

Turn your U.S. questions into a filing plan

Tell us the proposed mark, target countries and what you sell. A preliminary professional check considers the proposed filing scope and relevant concerns, then gives a human recommendation, up to three main reasons and a next step.

No payment is required to request the check. Search and class suggestions are optional. You decide whether to proceed after the result and confirmation of the application scope.

Start a free professional check See an example of the check

Peter Lin and the team coordinate preparation; the responsible professional and scope are identified for the work. The free check is not a full legal opinion, repeated alternative-name search or dispute assessment, and does not guarantee registration.

What happens after you decide to apply?

1
Confirm the scope
Review the mark, owner, goods and services, search context and filing basis before approving the application.
2
File and receive a serial number
The application enters the USPTO system. A filing acknowledgement is not registration.
3
USPTO examination
An examining attorney checks the application. An office action may require a response; unresolved objections can prevent registration.
4
Publication
For the Principal Register, an approved application is published. Third parties have 30 days to oppose or request more time to oppose.
5
Complete basis-specific requirements
An intent-to-use application still needs the required use filing. Registration follows only when the applicable requirements are met.

Our planning reference is 12–15 months for a straightforward application. It is not a current USPTO average; examination, objections, opposition or use requirements can change the total time. Read the official process

Prepare your application

Documents & details

Trademark details, including the applicant’s name and address, the mark, and the goods or services.
A scan of the business licence or personal ID.
Provide a contact email address.
For a use-based application, provide evidence of trademark use.
For a claim based on a Chinese application or registration, provide the corresponding Chinese filing acknowledgement or registration certificate.

At a glance

Filing acknowledgement: 5–7 working days
Certificate format: Electronic certificate

Timing assumes a straightforward application. Document preparation, objections or opposition can extend it.

The checklist and timing above are Trademarkora’s application-planning reference, confirmed 6 September 2026. They are separate from the official procedural sources below.

Prepare for a useful review

Prepare evidence around the filing basis

The mark drawing shows what you seek to register. A specimen, when required, shows actual commercial use; the two serve different purposes.

Describe which goods or services are actually offered and which remain planned.
Keep unaltered evidence with dates, the relevant product or service and the mark visible.
For a webpage, preserve its URL and access date alongside the full page context. Ask the responsible US professional to assess the basis and evidence.

Planning example — not a client case

Hypothetical example: a planned label is ready before the first sale. Keep it in the artwork folder, not as evidence of a sale that has not happened. A later genuine product photograph must be reviewed against the actual goods and applicable filing basis.

Prepare genuine specimen evidence →

Editorial preparation guidance added 9 September 2026. Individual requirements and any legal conclusion need professional review.

Direct U.S. filing or the Madrid System?

Direct national application

Apply to the USPTO using a qualifying national basis. This page’s published filing prices describe the standard direct application scope.

Madrid designation of the U.S.

Eligible applicants can request U.S. protection through an international application based on a home application or registration. The USPTO still examines the U.S. designation; WIPO registration is not automatic U.S. approval.

Madrid may help coordinate a multi-country portfolio, but eligibility, the basic mark and the selected countries matter. Compare the whole portfolio before choosing a route. WIPO explains the process

Compare countries and registration routes →

Does a U.S. registration last automatically?

No. Continuing protection requires maintenance filings. For a national registration, a Section 8 use declaration is generally due between years five and six; Sections 8 and 9 filings are generally due between years nine and ten, then every ten years. Madrid-based U.S. protection has Section 71 use requirements and a separate WIPO renewal route.

The applicable filing dates depend on the actual registration. Do not wait for a ten-year expiry date to check them. Check maintenance requirements

Sources & editorial notes

Prepared by Trademarkora. Official source pages checked on 7 September 2026.

Published package prices come from Trademarkora’s current pricing release. Planning estimates and checklists come from our confirmed application reference; they are not official processing statistics.

Know your next step before you commit

Tell us the mark, your target country and what you sell. The free preliminary professional check helps decide whether to proceed, modify the plan or stop. You decide whether to purchase filing services after the review.

Start free check for the United States

No payment or government filing at this step.