Insights · Trademarks
How to register a trademark in the USA
One federal filing protects your brand across all fifty states. Here is what a US trademark costs in 2026, how the USPTO process works, the use requirement that surprises foreign applicants — and the 30-day opposition window that is the shortest of any major office.
What a USPTO registration gives you
A US federal trademark is granted by the United States Patent and Trademark Office (USPTO) and protects your brand throughout the entire United States — all fifty states and US territories — rather than just the area where you happen to trade. It gives nationwide priority from your filing (or use) date, a public record of your rights, and the legal basis to enforce them. Protection stops at the US border: to cover other countries you file there directly or use the WIPO Madrid System.
What it costs in 2026
Since 18 January 2025 the USPTO charges a single base fee per class; the older TEAS Plus / TEAS Standard split is gone.
| Base application — per class (online) | US$350 |
| Each additional class | US$350 |
| Intent-to-use: Statement of Use (per class) | US$150 |
| Possible surcharges (per class) | US$100 / US$200 |
Surcharges apply per class for incomplete information (US$100), for using the free-form text field instead of the pre-approved ID Manual entries (US$200), and for each extra 1,000 characters of free-form description (US$200). Most applicants pay only the base fee. Fees are non-refundable, even if the mark is refused.
Is it cheap? Per country, yes — US$350 for one class is lower than the EUIPO’s €850. But the comparison is not like-for-like: the EU fee covers 27 countries in one right, while US$350 covers one country, and the US adds a genuine-use requirement and maintenance fees over the mark’s life. Cheap per filing is not the same as cheap per reach.
Done for you
Prefer to have it handled?
From the clearance search to filing and opposition defence, Rabbit Marketing can manage your trademark end to end — in the EU and, through the Madrid System, worldwide. Tell us your brand and the goods or services it covers, and we will send you a tailored proposal.
Request a quote → Book a consultation →Use vs intent to use — the US specialty
Unlike most countries, the US ties trademark rights to actual use in commerce. You file on one of two main bases:
- Section 1(a) — use in commerce: the mark is already used in trade, and you submit a real-world specimen of that use at filing.
- Section 1(b) — intent to use: you have a bona fide intention to use the mark; you later prove use with a Statement of Use (US$150 per class) before the mark can register.
Genuine use is not a formality — it is a substantive condition for registration and for keeping the mark alive (a Declaration of Use is due between the 5th and 6th year). Picking the wrong basis, or filing a specimen that does not match the listed goods, is a common and often un-fixable rejection.
The process, step by step
- Clearance search the USPTO register for earlier identical or confusingly similar marks before you file — money saved or lost here.
- File electronically via the USPTO Trademark Center with your goods/services, classes and filing basis.
- Examination by an examining attorney, who checks formalities, absolute grounds (descriptive/generic) and likelihood of confusion under §2(d).
- Office Action if there are objections — you have 3 months to respond (one 3-month extension for US$125).
- Publication in the Trademark Official Gazette, which opens the opposition window.
- Registration if unopposed (for intent-to-use marks, after a Notice of Allowance and your Statement of Use).
The pitfall most people miss
Only 30 days to oppose
Once your mark is published, the opposition window is just 30 days — by far the shortest of the major offices (the EU and UK give two to three months, Australia and Canada two). Within those 30 days a third party who believes they would be harmed can file an opposition at the Trademark Trial and Appeal Board (TTAB) or request an extension of time to oppose.
The flip side matters just as much: if you want to protect your brand against a conflicting newcomer, you have to be watching the Gazette, because 30 days passes quickly. This is exactly why a trademark watch — and a calm, structured response when something lands — is worth more than it looks.
Keeping the mark alive
A US registration lasts 10 years and is renewable indefinitely, but only if you maintain it: a Declaration of Use (Section 8, US$325 per class) between years 5 and 6, then a combined declaration and renewal (Sections 8 & 9, US$650 per class) between years 9 and 10, and every ten years after. The USPTO does not actively remind you, and a missed deadline — even after the 6-month grace period — means the mark is gone. Note too that applicants based outside the US must be represented by a US-licensed attorney.
For your brand
Built on first-hand experience
Rabbit Marketing does not only advise on trademarks — we hold our own registered EU trademarks and have direct, hands-on experience of EUIPO opposition proceedings, including matters involving major multinational companies. That means we read these filings the way an owner does, not just an observer. We help you clear, file and protect a brand across the offices that matter to you.
Talk to us about your brand →FAQ
Questions, answered
How much does it cost to register a trademark in the USA?
The USPTO base application fee is US$350 per class of goods or services, filed electronically (effective 18 January 2025). Each additional class is another US$350, and certain filing choices can add surcharges. Fees are non-refundable, even if the application is refused.
What is the difference between use in commerce and intent to use?
Use in commerce (Section 1(a)) means the mark is already used in trade and you file a specimen of that use. Intent to use (Section 1(b)) is for a mark you plan to use; you later prove use with a Statement of Use (US$150 per class) before the mark can register. Genuine use is a core US requirement.
How long do I have to oppose, or watch for opposition?
Just 30 days from the date the mark is published in the Trademark Official Gazette — the shortest window among the major offices. Within those 30 days a third party can file an opposition at the TTAB or request an extension of time to oppose.
Does a foreign applicant need a US attorney?
Yes. Applicants whose domicile is outside the United States are required to be represented by a US-licensed attorney before the USPTO.
How long does a US trademark last?
Ten years, renewable indefinitely, provided you keep using the mark and file the required maintenance documents — a Declaration of Use between years 5 and 6, and a combined declaration and renewal between years 9 and 10.
Sources
Where this comes from
- USPTO — Summary of 2025 trademark fee changes
- USPTO — Trademark fee information
- USPTO — The trademark process
- USPTO — Application filing basis (use / intent to use)
- USPTO — Keeping your registration alive
- USPTO — Responding to Office Actions
Research date: June 2026. Official fees and procedures change periodically — confirm current figures on the USPTO website before you file. This is general information, not legal advice. Company and brand names are used for editorial reference only and imply no affiliation with Rabbit-Marketing OÜ.