Home USA Trademark Registration Trademark Registration Process in the United States (USPTO)

Trademark Registration Process in the United States (USPTO)

Last updated on Nov 09, 2025

In the United States, a trademark application can only be filed based on a legal filing basis. The available options are described below:

1. Filing Bases

1.1. “Use in Commerce” – Actual Use (Section 1(a))

The applicant is already using the trademark in commerce within the United States.

Required documents and information:

  • The date of first use in the U.S.;

  • A specimen demonstrating actual use (e.g., a product label, packaging, or website screenshot with a “Buy now” button);

  • A list of the goods and/or services to which the mark applies.

1.2. “Intent to Use” – Future Use (Section 1(b))

The applicant intends to use the trademark in the future but has not yet started using it.

  • A specimen is not required at the time of filing.

  • After the application is approved, the USPTO issues a Notice of Allowance (NOA).

  • The applicant then has 6 months (extendable up to 36 months) to submit a Statement of Use (SOU) with evidence of actual use in commerce.

1.3. “Foreign Application” – Priority Claim (Section 44(d))

The applicant has already filed a trademark application in another country that is a member of the Paris Convention, no more than 6 months earlier.

Requirements:

  • A copy of the foreign application;

  • The country and date of filing;

  • Eligibility to claim the foreign filing date as priority in the U.S. application.

1.4. “Foreign Registration” – Based on a Foreign Certificate (Section 44(e))

The trademark is already registered in another country, and the applicant seeks registration in the U.S. without having to prove actual use in commerce.

Requirements:

  • A copy of the valid foreign registration certificate (with an English translation if necessary);

  • A list of identical goods and/or services;

  • Use in the U.S. is not required at the time of filing.

2. Filing the Application (Application Filing)

Applications are filed online via the TEAS (Trademark Electronic Application System).

Main elements of the application:

  • Applicant’s name and address;

  • Type of applicant (individual or legal entity);

  • Filing basis (§1(a), §1(b), §44, or §66(a));

  • The word mark or logo;

  • List of goods/services according to the Nice Classification;

  • Filing fee: from $250 per class (TEAS Plus) or $350 per class (TEAS Standard).

3. Formal Examination

Duration: approximately 4–6 months after filing.

The application is assigned to a USPTO examining attorney, who verifies:

  • Whether the fee was paid correctly;

  • Whether the classifications are correct;

  • Whether the mark is registrable (not descriptive, generic, or misleading);

  • Whether there are conflicts with earlier trademarks (checked through the TESS database).

4. Office Action

If the examiner identifies issues, an Office Action is issued.

Types of refusals:

  • Non-substantive (informal) – errors in the form, description, or image;

  • Substantive – for example, similarity to an existing mark or lack of distinctiveness.

🕐 The applicant must respond within 3 months (an additional 3 months may be requested for $125).
If the response resolves the issues, the application proceeds. If not, the application is refused (an appeal may be filed with the TTAB).

5. Publication in the Official Gazette

If approved, the mark is published in the USPTO Official Gazette.
🕐 During the 30-day opposition period, any third party may file an Opposition.
If no opposition is filed, the application proceeds to the next stage.

6. Notice of Allowance (for “Intent to Use” Applications)

If the application was filed under §1(b) (intent to use), the USPTO issues a Notice of Allowance (NOA) after publication.
The applicant then has 6 months to file a Statement of Use (SOU) with proof of actual use.
This period can be extended up to 3 years (six-month extensions × five).

7. Registration (Certificate of Registration)

  • For §1(a) (use-based) applications, the Certificate of Registration is issued shortly after publication.

  • For §1(b) (intent-to-use) applications, it is issued after acceptance of the Statement of Use.

Approximate timeframes:

  • §1(a): about 8–12 months;

  • §1(b): between 12–36 months, depending on SOU submission.

8. Post-Registration Maintenance

A U.S. trademark registration is valid for 10 years, but it must be maintained and renewed periodically.

PeriodRequired FilingPurposeBetween 5th–6th yearSection 8 DeclarationConfirms that the mark is still in useBetween 9th–10th yearSections 8 & 9 RenewalExtends registration for another 10 years(Optional, 5th–6th year)Section 15 DeclarationMakes the mark “incontestable” (nearly unchallengeable)

9. Fees (Typical Profitmark Service Pricing)

For individuals (one class):

  • Trademark search: €87 (comprehensive report minimizing opposition/refusal risks)

  • Trademark registration: €575

  • Each additional class: €370

For legal entities (companies):

  • Trademark search: €96

  • Trademark registration: €634

  • Each additional class: €406