US trademark search and USPTO filing
Short answer
A US trademark search checks the USPTO register for identical and similar marks before you file. The USPTO charges 350 USD per class for an electronic application as of 2026, and applicants domiciled outside the United States need a US-licensed attorney.
- Office
- United States Patent and Trademark Office
- Opposition window
- 30 days
- Typical time to registration
- about 12 months
- Protection
- 10 years, renewable
USPTO official fees as of 2026
Published electronic filing fees in USD, rounded to whole units. You pay them to USPTO directly; they are not part of a Trademarking plan. Offices revise fees, so check the source before you pay.
| Fee | Amount |
|---|---|
| Base application fee (electronic)Per class of goods or services. | 350 USD per class |
| Section 8 declaration and Section 9 renewalPer class, every 10 years. | 650 USD per class |
| Notice of oppositionPer class opposed. | 600 USD per class |
| Insufficient information surchargeCharged per class when required fields are missing. | 100 USD per class |
| Free-form identification surchargeCharged per class when goods or services are not taken from the ID Manual. | 200 USD per class |
Source www.uspto.gov
Compare every office in the trademark registration cost guide.
From filing to registration at USPTO
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1
Filing
Online application with the basis: use in commerce or intent to use.
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2
Examination
An examining attorney reviews the application, typically within about 6 to 8 months.
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3
Office action
If there is an objection you usually have 3 months to respond, extendable once.
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4
Publication
The mark is published in the Official Gazette; third parties have 30 days to oppose, extendable.
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5
Registration
Use-based marks register; intent-to-use marks need a statement of use first.
Rules worth knowing before you file
- The USPTO searches its own register for conflicts during examination, so a similar earlier mark is a common reason for refusal under Section 2(d).
- A declaration of use (Section 8) is due between the 5th and 6th year after registration, and a combined Section 8 and 9 renewal every 10 years.
- Goods and services taken from the USPTO ID Manual avoid the 200 USD per class free-form surcharge.
How Trademarking handles a USPTO filing
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Step 1
We search USPTO records and the other offices you choose for identical and similar marks, and show a registration likelihood with the closest conflicts and their source.
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Step 2
We map what you sell to Nice classes and suggest wording from the office lists, which keeps you clear of surcharges and objections. See the class guide.
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Step 3
We prepare the USPTO application: applicant details, mark type, classes and the goods and services text.
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Step 4
Applicants domiciled outside the United States must be represented by a US-licensed attorney. In that case the filing goes through a partner attorney admitted before USPTO, and you still own the application.
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Step 5
After filing, deadlines, office actions, publication and the opposition window appear in your portfolio, and trademark monitoring alerts you to similar new filings.
Frequently asked questions
- Do I need a US attorney to file at the USPTO?
- Yes if you are domiciled outside the United States. US-domiciled applicants can file on their own.
- Can I file before I start selling in the US?
- Yes, on an intent-to-use basis. You must show use in commerce before the mark registers.
- How long does a US trademark take?
- Typically about 12 to 18 months without objections or opposition.
Other offices
General information as of 2026 based on what USPTO publishes, not legal advice. Trademarking is not a law firm.