USA Trademark Registration: Complete Country Practice Guide
Note: This page gives general information about US trademark registration and is not legal advice. Reading it does not create an attorney-client relationship. Fees, deadlines and procedures change, and the information here was compiled in October 2026.
Introduction
The United States runs a federal trademark system through the USPTO, but rights arise from use of the mark, not from registration. Federal registration is optional and adds nationwide advantages.
What Is a Trademark?
A trademark is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the goods or services of one business from those of others. It lets consumers recognise the commercial source of goods or services and tell them apart from competitors' offerings.
Federal registration with the USPTO provides important statutory advantages, including nationwide constructive notice of ownership, a presumption of validity and ownership, and access to federal enforcement mechanisms, subject to applicable legal limitations.
United States of America
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Trademark Ownership vs. Federal Registration
Trademark rights in the United States arise through actual use of a mark in commerce in connection with particular goods or services. Rights in an unregistered mark are generally more limited and restricted to the geographic area in which the goods or services are provided.
Aspect | Unregistered (use-based) rights | Federal registration (USPTO) |
|---|---|---|
How rights arise | Actual use in commerce | Use plus USPTO examination and registration |
Geographic scope | Generally limited to the area of use | Nationwide constructive notice of the registrant's claim of ownership |
Presumptions | None by registration | Presumption of validity and ownership, subject to legal limitations |
Enforcement | Limited | Access to federal enforcement mechanisms |
Mandatory? | n/a | No, but strongly advantageous |
Trademark Symbols: TM, SM and ®
Symbols tell consumers and competitors that a business claims rights in a mark. The right symbol depends on the nature and registration status of the mark.
Symbol | Name | Used for | Registration needed? |
|---|---|---|---|
TM | Trademark | Goods; signals a claim of trademark rights | No. May be used even if no application has been filed |
SM | Service Mark | Services; signals a claim of service-mark rights | No. May be used even if no application has been filed |
® | Registered Trademark | Marks registered with the USPTO | Yes. Use only after the USPTO has granted registration |
WIPO / Madrid Protocol Status
The United States is a member of the Madrid Protocol, so it is a WIPO-system jurisdiction: a mark can be protected here through an international registration, and U.S. applicants can use the same system to protect marks abroad.
The Madrid Protocol is a treaty administered by the World Intellectual Property Organization (WIPO). It lets an owner seek trademark protection in multiple member jurisdictions through one centralised filing.
Route | Who uses it | Filing basis |
|---|---|---|
Outbound | Eligible U.S. applicants seeking protection in designated member countries or regions | International application through the Madrid System |
Inbound | Eligible foreign applicants designating the United States | Section 66(a) application at the USPTO |
Important limits
An international registration does not automatically give worldwide protection.
Each designated jurisdiction examines the request under its own trademark law and may grant or refuse protection.
The Madrid System simplifies international filing and portfolio management. It does not replace national or regional examination requirements.
For Section 66(a) filings, a U.S.-licensed attorney is not needed at initial filing, but is required if the USPTO issues an Office Action or provisional refusal (see Section 7).
Applicable Law and Authority
U.S. trademark registration is governed by the Lanham Act (15 U.S.C. §§ 1051 et seq.) and administered by the USPTO.
Instrument / body | Role |
|---|---|
Lanham Act, 15 U.S.C. §§ 1051 et seq. | Primary federal statute on trademark registration and protection. Includes the filing bases in Sections 1, 44 and 66 |
Trademark Rules of Practice, 37 C.F.R. Part 2 | USPTO procedural rules for applications, examination and maintenance |
Trademark Manual of Examining Procedure (TMEP) | USPTO guide used by examining attorneys; a practical reference for applicants |
United States Patent and Trademark Office (USPTO) | Competent authority; receives, examines and registers applications |
Trademark Trial and Appeal Board (TTAB) | USPTO tribunal for appeals from refusals and for opposition and cancellation proceedings |
Nice Classification | International classification of goods and services used to select classes |
Madrid Protocol | International filing system administered by WIPO; the U.S. is a member (see Section 2) |
Common law | Governs use-based rights in unregistered marks, generally limited to the area of use |
Steps of Filing
A U.S. application moves through seven stages, from the clearance search to registration or a Notice of Allowance.
Registration Process
Trademark search
Search the USPTO database for identical or similar marks that could create a likelihood of confusion.
Identify the applicant and goods/services
Fix the correct owner (individual or company), the mark format (word mark, logo, etc.) and the applicable Nice Classification classes.
File the application
ubmit through the USPTO's online trademark filing system with the applicant details, the mark, the goods/services, the filing basis and any required documents.
Examination by the USPTO
An examining attorney reviews the application for legal and procedural compliance. If there are objections, the USPTO may issue an Office Action requiring a response within the stated deadline.
Publication for opposition
An approved mark is published in the Official Gazette. Third parties generally have 30 days to oppose registration or request an extension of time to oppose.
Registration or Notice of Allowance
The outcome depends on the filing basis:
Section 1(a), and qualifying Section 44 or 66(a) applications: registration generally follows successful completion of the opposition stage.
Section 1(b): the USPTO issues a Notice of Allowance. The applicant must then submit an acceptable Statement of Use, or request an extension, before registration can proceed.
Filing Bases
Basis | When it applies |
|---|---|
Section 1(a) | The mark is already in use in U.S. commerce |
Section 1(b) | The applicant has a bona fide intention to use the mark in U.S. commerce |
Section 44(d) | Based on a foreign application, filed within six months of its filing date |
Section 44(e) | Based on a qualifying foreign registration |
Section 66(a) | International registration designating the USA through the Madrid Protocol |
Deadlines and Typical Durations
Stage | Time limit or typical duration | Notes |
|---|---|---|
Priority claim (Section 44(d)) | Within 6 months of the foreign application's filing date | Applies only when claiming priority |
First examination | About 4.45 months average first-action pendency (first half of FY 2026) | USPTO average; indicative, not a guarantee. |
Response to Office Action (standard) | 3 months from issuance; one 3-month extension available on payment of the fee | Always check the deadline printed in the Office Action. Some prescribe shorter periods |
Response to Office Action (Section 66(a), Madrid) | 6 months from issuance | No extensions available |
Opposition period after publication | 30 days from publication in the Official Gazette | A third party may instead request an extension of time to oppose |
Statement of Use (Section 1(b) only) | 6 months from the Notice of Allowance, extendable in 6-month increments | Each extension carries a fee (Section 6.3). Maximum 36 months from the Notice of Allowance |
After registration | Maintenance filings in years 5 to 6 and 9 to 10, then every 10 years | See Section 8 |
Official Fees
The base application fee is USD 350 per class, and surcharges can take a poorly prepared application to USD 550 or more per class. All amounts are in USD and charged per class unless stated otherwise.
Application Stage
Item | Fee (USD) | Notes |
|---|---|---|
Base application (Section 1 or 44), electronic | 350 | Complete application, with goods and services chosen from the ID Manual |
Insufficient information surcharge | +100 | Required base information missing at filing |
Free-form goods/services text box | +200 | Custom wording, or ID Manual text pasted into the free-form box |
Excess characters | +200 | For each extra 1,000 characters beyond the first 1,000 in a class's free-form text |
Examination and Prosecution
Item | Fee (USD) | Notes |
|---|---|---|
Extension of time to respond to an Office Action | 125 | Once per action; extends the period from three months to six |
Request to divide | 100 | Per new application created |
Letter of protest | 150 | Per application |
Intent-to-Use (Section 1(b)) Filings
Item | Fee (USD) | Notes |
|---|---|---|
Amendment to allege use | 150 | Before approval for publication |
Statement of use | 150 | After the Notice of Allowance |
Extension of time to file Statement of Use | 125 | Each six-month extension |
After Registration
Section 8, 9, 15 and 71 maintenance fees are set out with their filing windows in Section 8.2.
Illustrative Minimum Cost (one class, official fees only)
Route | Official fees (USD) |
|---|---|
Section 1(a), clean application | 350 |
Section 1(b), no extensions | 500 (350 application + 150 Statement of Use) |
Attorney Requirement
Foreign-domiciled applicants, including those based in India, must be represented by a U.S.-licensed attorney before the USPTO. U.S.-domiciled applicants are not required to hire one.
Applicant / filing type | U.S.-licensed attorney required? |
|---|---|
Foreign-domiciled applicant, registrant or party (e.g. India) | Yes, for all trademark proceedings before the USPTO |
Applicant domiciled in the United States or its territories | No, but recommended |
Madrid Protocol application (Section 66(a)), initial filing | No |
Madrid Protocol application (Section 66(a)) after an Office Action or provisional refusal | Yes. A U.S.-licensed attorney must be appointed to handle the proceedings |
What this means for Indian applicants: appoint a U.S.-licensed attorney for any direct USPTO filing, and budget for one even on a Madrid route, since any refusal that needs a response triggers the requirement.
Validity, Maintenance and Renewal
A U.S. registration lasts ten years and can be renewed for successive ten-year periods, but it is cancelled if the Section 8 filings are missed.
Term
A federal registration is valid for ten years and may be renewed for successive ten-year periods, provided the statutory requirements are met. The owner must file the required declarations of use or excusable non-use, and renewal documents, within the prescribed deadlines.
Maintenance Filings and Fees
Filing | Filing window | Fee per class (USD) | Fee in 6-month grace period (USD) | Mandatory? |
|---|---|---|---|---|
Section 8 Declaration of Use or Excusable Nonuse | Between the 5th and 6th year after registration | 325 | 425 (includes 100 surcharge) | Yes. Failure leads to cancellation |
Section 8 + Section 9 renewal | Between the 9th and 10th year after registration | 650 | 850 (includes 200 surcharge) | Yes |
Section 15 Declaration of incontestability | Generally within one year after five consecutive years of continuous use following registration | 250 if filed separately | n/a | No. Failing to file it does not cancel the registration |
Section 8 + Section 15 combined | As for Section 8 | 575 | n/a | Section 8 part is mandatory |
Subsequent renewals | Every 10 years | 650 (Sections 8 + 9) | 850 | Yes |
Section 71 Declaration (Madrid, Section 66(a) registrations) | Between the 5th and 6th year, and again between the 9th and 10th year | 325 | n/a | Yes |
Section 15: Incontestability
Section 15 is an optional filing that claims incontestable status for a U.S. trademark after five consecutive years of continuous use in U.S. commerce, subject to statutory requirements. File it generally within one year after completing the five years of qualifying use following registration. Filed separately it costs USD 250 per class. Filed together with the Section 8 declaration it costs USD 575 per class, the sum of the two fees.
Protect Your Trademark in United States of America
If you’re an Indian brand looking to protect your trademark in United States of America, get in touch with our team for a consultation and a clear filing roadmap tailored to your goods or services. Write to us at global.ipr@blueinkk.com , or fill out our Connect With Us form and we’ll reach out to you.