Trademark registration in United StatesQuick answer
Trademarks in the United States are registered with the United States Patent and Trademark Office (USPTO); the official base application fee is USD 350 per class, and third parties can oppose within 30 days from publication in the Official Gazette. A registration lasts 10 years from the registration date and can be renewed. The United States can be designated through the Madrid System.
Checked against official sources on 11 October 2026 · see sources
- Office
- USPTO
- Official fee
- USD 350 / class
- Madrid Protocol
- Member since 2003
- Opposition
- 30 days from publication in the Official Gazett…
- Protection
- 10 years from registration date
- Multi-class filing
- Allowed
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The trademark office and official links
Trademarks in United States are registered by the United States Patent and Trademark Office (USPTO).
- Trademark office: United States Patent and Trademark Office (USPTO)
- Online filing: official e-filing portal
- Trademark search: official trademark database
- Law: Lanham Act (Trademark Act of 1946), 15 U.S.C. § 1051 et seq.
- Law: Rules of Practice in Trademark Cases, 37 C.F.R. Part 2
Official fees in United States
| Official fee | Amount |
|---|---|
| Base application, Section 1 or 44 (per class) | USD 350 |
| Surcharge: insufficient information (per class) | USD 100 |
| Surcharge: free-form text instead of ID Manual entry (per class) | USD 200 |
| Surcharge: each additional 1,000 characters of identification (per class) | USD 200 |
| Statement of use / amendment to allege use (per class) | USD 150 |
| Extension of time to file statement of use (per class) electronic filing; six-month extension | USD 125 |
| Section 8 declaration of use (per class) | USD 325 |
| Section 9 renewal application (per class) | USD 325 |
| Combined Section 8 and Section 9 renewal (per class) electronic filing | USD 650 |
| Section 8 or Section 9 grace-period surcharge (per class) electronic filing | USD 100 |
Official office fees only (schedule as of 2026-08). Official fee schedule. Professional fees of a local firm are extra — compare fixed-fee packages.
How to register a trademark in United States
- Search the USPTO trademark database for conflicting marks.
- Choose a filing basis: use in commerce (Section 1(a)), intent to use (Section 1(b)), or a foreign application/registration (Section 44).
- File the application and pay the per-class fee through Trademark Center, identifying goods and services from the ID Manual to avoid surcharges.
- Respond to any office action issued by the examining attorney.
- After approval, the mark is published in the Official Gazette for a 30-day opposition period.
- For intent-to-use applications, file a statement of use (or extension requests) after the notice of allowance.
- Once registered, file the Section 8 declaration between years 5 and 6 and the combined Section 8/9 renewal every 10 years.
Examination, publication and opposition
- Examination: USPTO examining attorneys examine each application; the USPTO reported first-action pendency of 4.45 months in the first half of FY 2026.
- Publication: Official Gazette (Trademarks), published by the USPTO
- Opposition period: 30 days from publication in the Official Gazette, extendable on request up to a maximum of 180 days from publication
- Typical timeline: The USPTO reported average total processing time of about 10 months (10.03 months) in the first half of FY 2026; cases with office actions, oppositions or intent-to-use filings take longer.
Protection, renewal and use
- Term: 10 years from the registration date, renewable.
- Late renewal: 6 months after each Section 8 / Section 9 deadline, with a grace-period surcharge
- Use requirement: a registration can be challenged after 3 years of non-use.
- Rights system: first to use.
Filing from abroad
- Local agent: Foreign-domiciled applicants and registrants must be represented by a U.S.-licensed attorney.
- Power of attorney: No power of attorney is normally filed; a qualified U.S. attorney may appear on the applicant's behalf.
- Language: English
Firms on TrademarksHub that cover United States can act as your local agent — see firms.
Madrid Protocol
United States is a member of the Madrid System (in force since 2003). You can designate it in an international application filed through your home office, or file a national application directly. A local firm can advise which route is cheaper for your classes and timeline.
Trademark classes
Nice Classification (45 classes); goods and services should be identified using the USPTO ID Manual or a surcharge applies. One application can cover several classes. Not sure which classes you need? See all 45 classes or classes by business type.
How United States compares
- Opposition: 30 days from publication in the Official Gazette, extendable on request up to a maximum of 180 days from publication — compare all countries
- Renewal: every 10 years; grace period 6 months after each Section 8 / Section 9 deadline, with a grace-period surcharge — compare all countries
- Foreign owners: required — rules in every country
- Official search: tmsearch.uspto.gov — all search databases
Guides: registering in any country · costs by country · Madrid
Good to know in United States
- Rights arise from use in commerce; federal registration requires use (or a bona fide intent to use followed by a statement of use) for each class.
- A Section 8 declaration of continued use with specimens is due between the 5th and 6th year after registration, in addition to renewals every 10 years.
- Non-use for 3 consecutive years is prima facie evidence of abandonment under 15 U.S.C. § 1127.
- Fees are per class, and surcharges apply when goods/services are not taken from the USPTO ID Manual or descriptions are long.
- Trademark Center is the USPTO's online system for filing new applications.