Before you file: three decisions
- Check the name is free. Search the USPTO database for the same and similar names in related goods and services. A refusal for “likelihood of confusion” is the most common reason applications fail. See our clearance search guide.
- Pick your classes and wording. Every application lists goods and services in one or more of the 45 classes. The fee is per class, and you cannot widen the list later.
- Choose the filing basis. “Use in commerce” (Section 1(a)) if you already sell in the US, or “intent to use” (Section 1(b)) if you will. Foreign owners may also file on the basis of a home registration (Section 44).
Who can file
Anyone can own a US trademark. But if your company is domiciled outside the United States, the USPTO requires you to be represented by an attorney licensed in a US state. Many of the requests on TrademarksHub come from founders in the UK, Canada, India and the UAE for exactly this reason.
The steps and the official fees
| Step | Official fee (USPTO, per class) |
|---|---|
| Application (base fee) | $350 |
| Surcharge: insufficient information | $100 |
| Surcharge: free-form description instead of the ID Manual | $200, plus $200 per extra 1,000 characters |
| Statement of use (intent-to-use filings) | $150 |
| Each 6-month extension to file the statement of use | $125 |
Fees in force since 18 January 2025 for online filings. Attorney fees are separate.
- Examination. An examining attorney reviews the application several months after filing.
- Office action. If there is a problem you get an office action, usually with three months to answer. See how to respond.
- Publication. Once approved, the mark is published in the Official Gazette and anyone can oppose within 30 days (extendable).
- Registration or notice of allowance. Use-based marks register; intent-to-use marks get a notice of allowance and you then file the statement of use with specimens showing real use.
After registration
Keep the registration alive: a Section 8 declaration between the 5th and 6th year, then renewal every 10 years. Missing a deadline cancels the registration. See renewal deadlines.
A typical request on TrademarksHub
Example
“A skincare start-up in Toronto wants its brand name and logo registered in the US before launching on Amazon: classes 3 and 35, intent to use, budget around $600 plus official fees.”
Illustrative example. On TrademarksHub requests are shown as “Private brand owner”, and only firms that cover the chosen countries can reply.Questions
How much does a US trademark cost?
The USPTO base fee is $350 per class for applications filed online since 18 January 2025, with surcharges of $100 per class for missing information and $200 per class for free-form descriptions. Attorney fees are on top.
How long does USPTO registration take?
Usually about a year or more, depending on examination backlog, office actions and whether anyone opposes. Intent-to-use applications take longer because you also file a statement of use.
Do I need a US attorney?
Yes if your business is domiciled outside the United States — the USPTO requires a US-licensed attorney. US-domiciled owners can file themselves, but many use an attorney to avoid refusals.
Can I use ® after filing?
No. Use ™ while the application is pending; ® only after registration.