What a US trademark actually costs, and how long it takes

USPTO TRADEMARK REGISTRATION

If your business is based outside the United States, the first thing to know about the USPTO is that you cannot file on your own. A foreign-domiciled applicant has to be represented by an attorney licensed in a US state. Filing agents who suggest otherwise are selling you an application that will be refused or suspended.

Here is what the process actually costs and how long it actually takes.

The fees

Under the schedule in force since 19 January 2025, the base application fee is $350 per class of goods or services. Three surcharges catch people out:

• $100 per class where the application is filed without enough information
• $200 per class for writing your own description of the goods and services instead of choosing from the USPTO's pre-approved manual
• $200 per class for each additional 1,000 characters of a custom description

So a single-class application, described from the manual, costs $350 in official fees. The same application written freehand and at length can cost several times that before an examiner has even opened it.

Filing on intent to use rather than actual use? Add $150 per class for the Statement of Use, and $125 per class for each extension while you get to market.

The time

As of 10 August 2026, the USPTO reports an average of 4.2 months from filing to the first examining action, and 9.7 months from filing to either registration or abandonment. Those are averages. A mark that draws a refusal takes considerably longer.

If the examining attorney does refuse, you have three months to respond. You can buy one three-month extension for $125, but it has to be requested before the first period runs out. Miss the deadline and the application is abandoned — refiling means paying again and losing your original filing date.

After registration

A US registration is not permanent by default. You file a declaration of use between the fifth and sixth year, and renew every ten years after that. Each currently costs $325 per class. Most registrations that die, die here, quietly, because nobody was watching the calendar.

What actually saves money

A clearance search before you commit to the name. Almost all the money wasted on trademarks is spent arguing for a mark that was never clear in the first place. Finding the conflict early is unwelcome news that costs a fraction of one Office Action response.

I am admitted in New York and practise from Tbilisi, which means I can file for you directly rather than referring you abroad.

Fees and timings above are taken from uspto.gov and were correct when this was written. Check the current schedule before relying on them.