Trademark Registration in the USA
Overview of Trademark Protection in the USA
The United States Patent and Trademark Office (USPTO) oversees federal trademark registrations, granting exclusive rights across all 50 states with a single application. Unlike state-level trademarks, a federally registered trademark provides nationwide protection, making it a strategic choice for businesses operating across multiple regions. Whether you’re a start-up or an established enterprise, securing your trademark in the U.S. ensures you maintain full rights to your brand and legal advantages in enforcement and protection.
Aspect
Details
Official Trademark Office
United States Patent and Trademark Office (“UPSTO”)
Relevant Law
The Lanham Act
Countries Covered
United States jurisdiction and control, including the United States Virgin Islands (VI), American Samoa (AS), Guam (GU) and Puerto Rico (PR).
Registration Period
10 years (renewable)
Renewal Requirement
A trademark registration is valid for a full term of 10 years from date of registration, if an Affidavit of Use and specimen of use is filed between the 5th and 6th year after the date of U.S. registration.
After 5 years of continuous use of the mark in the U.S., the registrant can elect to claim an “incontestability” status, making the registration subject to fewer legal theories that could result in cancellation. An Affidavit of Use and proof of use must be filed between the 9th and 10th year post registration for trademark renewal. Then the registration can be renewed for subsequent 10-year periods.
Trademark Examination
Formal examination + Substantive examination based on absolute grounds. USPTO does examine prior conflicting marks
Opposition Period
30 days after publication
Use Requirement
Must be used within 5 years of registration to maintain validity
Basis requirement
When applying for a trademark with the United States Patent and Trademark Office (USPTO), there are different options depending on the status of the mark:
Current Use – Requires proof of use in the U.S.; faster approval.
Intent to Use – No initial proof needed; must show use within 6–36 months.
Foreign Registration– No U.S. use required; needs a foreign registration.
Average Registration Time
9-16 months if no refusals occur
Unique Aspects
– USA is a member of the International MADRID Trademark System (WIPO)
– No need for prior national trademark registration
– Single class/multiple class
Fixed registration prices. No surprises.
We simplifying legal hurdles—transparency and fair pricing always come first.
The National Registration fee, starts at:
Basis fee USA
EUR 1100
Additional class
EUR 775
Trademark registration prices are per trademark and always include the local official authority fee and Trademarkhost services like…
- Identical check
- trademark assessment
- Risk analysis
- Strategy advice
- Classification analysis and specification
- Filling of Applications up to and including registration
- Certificate of registration
- First advice refusal and/or opposition
VAT: For EU members all prices are exclusive of VAT.
Aprox. Prices: These are indicative, non-binding, starting prices and the final cost may vary depending on your specific situation, including the number of classes, and any changes to official fees set by the relevant government authority.
International Registration system: If you are considering using the Madrid International Trademark System, please note that costs per country are typically lower compared to filing directly through national procedures. We’re happy to check whether this option is suitable for your specific case — just get in touch with us for a tailored quote.
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