As of April 25, 2026, the base application fee to apply to register a trademark with the USPTO electronically is $350.00 per class. These fees are in addition to the fee an attorney charges for his services. Filing fees change from time to time, and there may be additional fees associated with an application in […]
As of April 25, 2026 the filing fee for a paper application to register a trademark with the USPTO is $850.00 per class. This is in addition to any fees an attorney charges for his services. Filing fees change from time to time. Check the USPTO website for current fees.
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The essential elements of a federal trademark application are: Completed application form; Specimen of use; and Filing fee. Depending on the circumstances, additional information or documents may be needed. For example, if you are applying to register a trademark in a foreign word or phrase, you must file an English translation of it. If your
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An intent-to-use trademark applicant must file a Statement of Use or Amendment to Allege Use within six (6) months of the mailing date of the Notice of Allowance. If more time is needed, a six-month extension may be requested. Up to 5 consecutive 6-month extensions may be requested. This means that the absolute maximum amount
Trademark applications may be based on either use or intent to use. A trademark application must indicate whether the application is based on use of the mark in commerce or intent to use the mark in commerce. A use-based application must include a specimen of use. A specimen of use does not need to be
The primary benefits of federal registration of a trademark (registration with the USPTO) are: Presumptively exclusive right to use the mark anywhere in the United States; Presumption of validity of the trademark; Presumption of the registrant’s exclusive right to use the trademark in connection with specified classes of goods and services; Public notice of an
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No. Registering a trademark is optional, not mandatory. In the United States, a trademark arises from use, not registration, so it is possible to own a valid trademark without registering it. Until a trademark is registered, it is called a “common law ” trademark. A common law trademark may be enforced in court without registering
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Basic information about the status of a registration or application (live vs. dead) is displayed in the results of a federal trademark search. More detailed information about the status of a trademark registration or application for registration can be obtained using the USPTO’s Trademark Status & Document Retrieval (TSDR) system. You can search TSDR by
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A comprehensive trademark search is one that is intended to discover conflicting and potentially conflicting trademarks of any kind, including both federally registered trademarks and common law trademarks. In includes both a USPTO search and a common law search. Sources searched include: USPTO database; State trademark databases; Business directories; Trade journals; Social media; The Internet
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A “live” trademark registration or application is one that is active (on either the Principal or Supplemental Register), or pending (one that has been applied for and is undergoing examination.) A “dead” trademark registration or application for registration is one that has been abandoned, withdrawn, or cancelled. The distinction is important because the USPTO will
