# Trademark registration in United States

> 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.

Source page: https://trademarkshub.com/trademarks/united-states
Facts checked against official sources: 2026-10-11

## Key facts
- **Trademark office:** United States Patent and Trademark Office (USPTO)
- **Official fee:** USD 350 — Base application, Section 1 or 44 (per class)
- **Madrid Protocol:** Member since 2003
- **Opposition period:** 30 days from publication in the Official Gazette, extendable on request up to a maximum of 180 days from publ…
- **Protection:** 10 years from the registration date, renewable
- **Multi-class applications:** Allowed
- **Foreign applicants:** Foreign-domiciled applicants and registrants must be represented by a U.S.-licensed attorney

## Official links
- Trademark office: https://www.uspto.gov/trademarks
- Online filing: https://trademarkcenter.uspto.gov/
- Official trademark search: https://tmsearch.uspto.gov/
- Law: Lanham Act (Trademark Act of 1946), 15 U.S.C. § 1051 et seq. — https://www.law.cornell.edu/uscode/text/15/chapter-22
- Law: Rules of Practice in Trademark Cases, 37 C.F.R. Part 2 — https://www.ecfr.gov/current/title-37/chapter-I/subchapter-A/part-2

## Official fees (as of 2026-08)
- 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): USD 125 — electronic filing; six-month extension
- 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): USD 650 — electronic filing
- Section 8 or Section 9 grace-period surcharge (per class): USD 100 — electronic filing

## Steps
1. Search the USPTO trademark database for conflicting marks.
2. Choose a filing basis: use in commerce (Section 1(a)), intent to use (Section 1(b)), or a foreign application/registration (Section 44).
3. File the application and pay the per-class fee through Trademark Center, identifying goods and services from the ID Manual to avoid surcharges.
4. Respond to any office action issued by the examining attorney.
5. After approval, the mark is published in the Official Gazette for a 30-day opposition period.
6. For intent-to-use applications, file a statement of use (or extension requests) after the notice of allowance.
7. Once registered, file the Section 8 declaration between years 5 and 6 and the combined Section 8/9 renewal every 10 years.

- **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:** 30 days from publication in the Official Gazette, extendable on request up to a maximum of 180 days from publication
- **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.
- **Late renewal:** 6 months after each Section 8 / Section 9 deadline, with a grace-period surcharge
- **Power of attorney:** No power of attorney is normally filed; a qualified U.S. attorney may appear on the applicant's behalf.
- **Language:** English
- **Use requirement:** a registration can be challenged after 3 years of non-use.

## Good to know
- 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.

## FAQ
### How much does it cost to register a trademark in the United States?
The USPTO base application fee is USD 350 per class, with surcharges of USD 100–200 per class for insufficient information, free-form identifications or long descriptions. Intent-to-use applicants also pay USD 150 per class for a statement of use.

### How long does trademark registration take in the United States?
The USPTO reported first-action pendency of about 4.45 months and total processing of about 10 months in the first half of FY 2026, longer if office actions or oppositions arise.

### Is the United States part of the Madrid Protocol?
Yes. The Madrid Protocol has been in force for the United States since 2 November 2003.

### Do foreign companies need a US attorney to file a trademark?
Yes. Foreign-domiciled applicants and registrants must be represented by a U.S.-licensed attorney before the USPTO.

### How long does a US trademark registration last?
A registration lasts 10 years and can be renewed every 10 years, but a Section 8 declaration of use must also be filed between the 5th and 6th year after registration.

### Can a trademark be opposed in the United States?
Yes. Third parties can oppose within 30 days of publication in the Official Gazette, extendable up to 180 days from publication.

## Sources
- USPTO fee schedule: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule
- USPTO summary of 2025 trademark fee changes: https://www.uspto.gov/trademarks/fees-payment-information/summary-2025-trademark-fee-changes
- USPTO: Do I need an attorney?: https://www.uspto.gov/trademarks/basics/do-i-need-attorney
- USPTO Trademark Center: https://www.uspto.gov/trademarks/apply/trademark-center
- USPTO: Keeping your registration alive: https://www.uspto.gov/trademarks/maintain/keeping-your-registration-alive
- USPTO: Reducing trademark pendency (2026): https://www.uspto.gov/subscription-center/2026/reducing-trademark-pendency-improving-processing
- 37 C.F.R. § 2.102 (extensions of time to oppose): https://www.ecfr.gov/current/title-37/chapter-I/subchapter-A/part-2/subpart-I/section-2.102
- 15 U.S.C. § 1058 (duration, Section 8 affidavit): https://www.law.cornell.edu/uscode/text/15/1058
- 15 U.S.C. § 1127 (definition of abandonment): https://www.law.cornell.edu/uscode/text/15/1127
- WIPO Lex: Madrid Protocol contracting parties: https://www.wipo.int/wipolex/en/treaties/ShowResults?search_what=C&treaty_id=8

Need a firm that files in United States? Find one at https://trademarkshub.com/trademarks/united-states (TrademarksHub lists IP firms by country; featured placements are paid and labelled).
General information, not legal advice.