Trademark Registration in the U.S.:
We guide you through the process with legal certainty—
consulting, review, and registration
For many companies, filing a trademark application in the U.S. is a sensible step toward securing their brand internationally. At the same time, U.S. trademark law differs in key ways from the German and European systems.
Registering a trademark in the U.S. grants you exclusive rights to your mark, protects against confusingly similar imitations, and secures your brand in the U.S. market for the long term.
There are currently over 3.2 million active trademarks registered in the USPTO registry, and the number grows by over 500,000 trademark applications each year. That is why a thorough trademark search and timely filing are particularly important.
We assist brands with trademark registration in the U.S. by leveraging our legal expertise and a clearly structured approach.
Ways to Register a Trademark in the United States
There are generally two different ways to register a trademark in the United States.
International Registration (Madrid System)
If a trademark application or registration already exists, for example in Germany (DPMA) or the European Union (EUIPO), the trademark can be extended to the United States through the international registration system (WIPO/Madrid System). This process can take up to two years and typically involves additional fees, particularly with WIPO as well as in connection with examinations by the U.S. Patent and Trademark Office.
Direct trademark registration in the United States
Alternatively, a trademark can be filed directly with the U.S. Patent and Trademark Office (USPTO). However, following a change in the law a few years ago, this is now only possible through attorneys licensed to practice in the United States or by the applicants themselves within the country. Direct filing by foreign attorneys is generally not permitted.
Partnership with a U.S. trademark law firm
For this reason, the law firm REHKATSCH RECHTSANWÄLTE works
in close cooperation with a specialized trademark law firm in the United States.
For you, this means:
consultation, examination, and filing all from a single source with a German contact person—together with our U.S. partner firm, we handle the filing.
Your trademark will be reviewed to determine if it is eligible for registration and if there are no other previously registered trademarks that conflict with it. We advise you, create a list of goods and services tailored specifically to your needs, and finally handle the professional trademark registration in the U.S. through our partner firm.
Distinctive Features of U.S. Trademark Law
U.S. trademark law is based on different fundamental principles than German or European trademark law. What matters is not merely the filing of the application, but above all the actual use of the trademark in commerce.
While trademarks in Germany, the EU, or Switzerland can generally be registered without prior use, in the U.S., proof of use is required either at the time of filing or, at the latest, during the subsequent proceedings. This proof must be provided specifically for the goods and services covered by the application and is subject to additional fees.
Timely and correct compliance with these usage requirements is a key factor in ensuring the trademark’s long-term validity.
Costs and Duration of U.S. Trademarks
The costs of filing a trademark application in the United States consist of the official fees charged by the U.S. Patent and Trademark Office (USPTO) and legal fees. The official fees were significantly increased in 2025 and now amount to up to $350 per class of goods or services.
(In addition, there may be costs associated with providing evidence of use, as well as for responding to inquiries or objections from the Trademark Office. Given this cost structure, a strategically careful selection of goods and service classes is particularly important.)
The duration of the proceedings depends on the specific case and is determined, among other factors, by the course of the examination, the scope of the application, and whether objections or issues regarding use arise. It can range from several months to over a year.
Trademark Forms and Conflict Checks
In the United States, too, various types of trademarks can be registered, including word marks, figurative marks, and combined word-and-figurative marks.
The conflict check is of central importance. If identical or similar trademark rights already exist, a newly applied-for trademark may be rejected or challenged later. A careful examination of existing trademark rights is therefore crucial for sustainable trademark protection. As with German, Swiss, or EU trademarks, a particularly difficult aspect of trademark law is determining whether there is a similarity to existing trademarks.
We support you in conducting trademark searches and assessing potential risks to realistically evaluate the prospects of success for your trademark application from the very beginning.
Basics of U.S. Trademark Registration
As explained earlier, there are various grounds for filing a trademark application. When filing a trademark application in the United States, it is necessary to specify the legal basis for the application. U.S. trademark law distinguishes, in particular, between the existing use of a trademark (“Use in Commerce”) and the intended future use (“Intent to Use”).
In addition, there are other grounds for filing, such as filing based on a foreign prior application or registration, or as part of an international registration under the Madrid System.
Which basis is appropriate in a given case has a significant impact on the process, duration, and costs of the trademark application in the U.S.
Use in Commerce -
Trademarks Already in Use
An application based on use in commerce is possible if the trademark is already being used in actual business transactions in the United States.
The prerequisite is that goods or services are offered or provided under the trademark in the United States and that such use can be demonstrated, for example through product labeling, packaging, or a commercially operated website featuring actual offerings.
If such use exists, the trademark can be applied for directly and registered after a successful examination. In this case, proof of use at a later date is not required.
Intent to Use -
Registration Prior to Market Entry
If the trademark is not yet in use in the U.S. market but there is a serious intention to use it in the future, the application may be filed on the basis of an intent to use.
This type of application initially secures the filing date and priority of the trademark. However, final registration will only occur once actual use of the trademark is demonstrated to the U.S. Patent and Trademark Office at a later date.
Procedure and Deadlines for the Intent-to-Use Process
After the U.S. Patent and Trademark Office reviews the application for formal and substantive compliance, the trademark is published. If no opposition is filed, the applicant receives a Notice of Allowance (NOA).
From this point on:
- First, there is a 6-month period to submit a Statement of Use
- if use is not yet possible, the deadline may be extended by an additional 6 months
- In total, an extension of up to 36 months following the Notice of Allowance is possible
If proof of use is not submitted by the deadline or an extension request is not filed, the trademark application automatically expires.
Costs for Intent-to-Use
When filing a trademark application based on an intent-to-use basis, additional official fees apply in addition to the regular filing fee.
The filing fee with the U.S. Patent and Trademark Office is $350 per class of goods or services and already includes the trademark examination. No separate examination fee is charged.
A fee of $150 per class applies for the subsequent Statement of Use. If the trademark is not yet ready for use, the deadline may be extended by six months at a time; each extension costs $125 per class.
Direct contact for trademark registration
We'll get back to you shortly.
What happens if the USPTO issues an opposition against the trademark?
USPTO Office Action – Process and Response Deadline
After filing, the U.S. Patent and Trademark Office (USPTO) examines the trademark for compliance with formal and substantive requirements. If any issues are identified during this process, the responsible examiner issues a so-called Office Action.
An Office Action does not mean that the trademark will automatically be rejected. As a rule, there is a six-month period within which a response to the objection can be submitted. If no response is submitted within the deadline, the trademark application is deemed abandoned.
Common reasons for an office action include:
- a potential likelihood of confusion with existing trademarks
- unclear or overly broad descriptions of goods or services
- lack of distinctiveness or descriptive elements
- formal defects or insufficient evidence of use
After receiving the response, the USPTO reviews the application again to determine whether the objections have been resolved. If so, the proceedings continue; otherwise, further objections may follow or the application may be rejected.
This is precisely where the value of legal representation becomes apparent, to ensure that the progress of the proceedings is not jeopardized.
U.S. Trademark Application FAQs
No, registration is not mandatory. In the United States, trademark rights can arise simply through actual use (“use in commerce”). However, registration with the USPTO provides significantly stronger protection, greater enforceability, and nationwide rights.
The costs depend on the filing method and the countries involved. For the U.S., official fees apply per class (starting at approximately $250–$350). In addition, there may be attorney fees, translation costs, and subsequent fees for “intent to use” applications.
Yes, even without U.S. residency or citizenship, German entrepreneurs can easily form a U.S. company, such as an LLC or a corporation. However, forming a U.S. company is not a mandatory requirement for registering a trademark.
Yes, foreign individuals and companies are generally entitled to register trademarks in the United States. However, since 2019, applicants not based in the United States must be represented by an attorney licensed to practice in the United States.
On average, the registration process takes about 8 to 14 months. For “intent-to-use” applications, the process may take longer, as proof of actual use is provided at a later date. Additionally, inquiries or objections from the Trademark Office can delay the process.
Trademark Registration in the U.S.:
We guide you through the process with legal certainty—
consulting, review, and registration
Registering a trademark in the U.S. secures exclusive rights for you and protects your brand in the U.S. market.
With over 3.2 million registered trademarks, thorough research and timely filing are crucial.
We provide you with structured legal support throughout the process.
Ways to Register a Trademark in the United States
Ways to Register a Trademark in the United States
There are generally two different ways to register a trademark in the United States.
International Registration (Madrid System)
If a trademark application or registration already exists, for example in Germany (DPMA) or the European Union (EUIPO), the trademark can be extended to the United States through the international registration system (WIPO/Madrid System). This process can take up to two years and typically involves additional fees, particularly with WIPO as well as in connection with examinations by the U.S. Patent and Trademark Office.
Direct trademark registration in the United States
Alternatively, a trademark can be filed directly with the U.S. Patent and Trademark Office (USPTO). However, following a change in the law a few years ago, this is now only possible through attorneys licensed to practice in the United States or by the applicants themselves within the country. Direct filing by foreign attorneys is generally not permitted.
Partnership with a U.S. law firm
For this reason, the law firm REHKATSCH RECHTSANWÄLTE works
in close collaboration with a specialized trademark attorney in the United States.
For you, this means:
consultation, examination, and filing all from a single source with a German point of contact—we and our U.S. partner firm handle the filing.
Your trademark will be reviewed to determine if it is eligible for registration and if there are no other previously registered trademarks that conflict with it. We will advise you, create a list of goods and services tailored specifically to your needs, and finally handle the professional trademark registration in the U.S. through our partner attorney.
Distinctive Features of U.S. Trademark Law
Special Features of U.S. Trademark Registration
U.S. trademark law is based on different fundamental principles than German or European trademark law. What matters is not merely the filing of the application, but above all the actual use of the trademark in commerce.
While trademarks in Germany, the EU, or Switzerland can generally be registered without prior use, in the U.S., proof of use is required either at the time of filing or, at the latest, during the subsequent proceedings. This proof must be provided specifically for the goods and services covered by the application and is subject to additional fees.
Timely and correct compliance with these usage requirements is a key factor in ensuring the trademark’s long-term validity.
Costs and Duration of U.S. Trademarks
The costs of filing a trademark application in the United States consist of the official fees charged by the U.S. Patent and Trademark Office (USPTO) and legal fees. The official fees were significantly increased in 2025 and now amount to up to $350 per class of goods or services.
(In addition, there may be costs associated with providing evidence of use, as well as for responding to inquiries or objections from the Trademark Office. Given this cost structure, a strategically careful selection of goods and service classes is particularly important.)
The duration of the proceedings depends on the specific case and is determined, among other factors, by the course of the examination, the scope of the application, and whether objections or issues regarding use arise. It can range from several months to over a year.
Trademark Forms and Conflict Checks
In the United States, too, various types of trademarks can be registered, including word marks, figurative marks, and combined word-and-figurative marks.
The conflict check is of central importance. If identical or similar trademark rights already exist, a newly applied-for trademark may be rejected or challenged later. A careful examination of existing trademark rights is therefore crucial for sustainable trademark protection. As with German, Swiss, or EU trademarks, a particularly difficult aspect of trademark law is determining whether there is a similarity to existing trademarks.
We support you in conducting trademark searches and assessing potential risks to realistically evaluate the prospects of success for your trademark application from the very beginning.
Basics of U.S. Trademark Registration
As briefly explained above, there are various grounds for filing a trademark application. When filing a trademark application in the United States, it is necessary to specify the legal basis for the application. U.S. trademark law distinguishes, in particular, between the existing use of a trademark (“Use in Commerce”)
and the intended future use (“Intent to Use”).
In addition, there are other grounds for filing, such as filing based on a foreign prior application or registration, or as part of an international registration under the Madrid System.
Which basis makes sense in a particular case has a significant impact on the process, duration, and costs of the trademark application in the U.S.
Use in Commerce -
Trademarks Already in Use
An application based on use in commerce is possible if the trademark is already being used in actual business transactions in the United States.
The prerequisite is that goods or services are offered or provided under the trademark in the United States and that such use can be demonstrated, for example through product labeling, packaging, or a commercially operated website featuring actual offerings.
If such use exists, the trademark can be applied for directly and registered after a successful examination. In this case, proof of use at a later date is not required.
Intent to Use -
Registration Prior to Market Entry
If the trademark is not yet in use in the U.S. market but there is a serious intention to use it in the future, the application may be filed on the basis of an intent to use.
This type of application initially secures the filing date and priority of the trademark. However, final registration will only occur once actual use of the trademark is demonstrated to the U.S. Patent and Trademark Office at a later date.
Procedure and Deadlines for
the Intent-to-Use Process
After the U.S. Patent and Trademark Office reviews the application for formal and substantive compliance, the trademark is published. If no opposition is filed, the applicant receives a Notice of Allowance (NOA).
From this point on:
- First, there is a 6-month period to submit a Statement of Use
- if use is not yet possible, the deadline may be extended by an additional 6 months
- In total, an extension of up to 36 months following the Notice of Allowance is possible
If proof of use is not submitted by the deadline or an extension request is not filed, the trademark application automatically expires.
Costs for Intent-to-Use
When filing a trademark application based on an intent-to-use basis, additional official fees apply in addition to the regular filing fee.
The filing fee with the U.S. Patent and Trademark Office is $350 per class of goods or services and already includes the trademark examination. No separate examination fee is charged.
A fee of $150 per class applies for the subsequent Statement of Use. If the trademark is not yet ready for use, the deadline may be extended by six months at a time; each extension costs $125 per class.
Direct contact for trademark registration
We'll get back to you shortly.
What happens if the USPTO issues an opposition against the trademark?
USPTO Office
Action—Process and Response Deadline
After filing, the U.S. Patent and Trademark Office (USPTO) examines the trademark for compliance with formal and substantive requirements. If any objections are identified during this process, the responsible trademark examiner issues a so-called Office Action.
An objection does not mean that the trademark is automatically rejected. As a rule, there is a six-month period within which a response to the objection can be submitted. If no response is submitted within the deadline, the trademark application is deemed abandoned.
Common reasons for objections include:
- a potential likelihood of confusion with existing trademarks
- unclear or overly broad descriptions of goods or services
- lack of distinctiveness or descriptive indications
- formal defects or insufficient evidence of use
After receiving the response, the USPTO reviews the application again to determine whether the objections have been resolved. If so, the proceedings continue; otherwise, further objections may follow or the application may be rejected.
This is precisely where the value of legal representation becomes apparent, to ensure that the progress of the proceedings is not jeopardized.
U.S. Trademark Application FAQs
No, registration is not mandatory. In the United States, trademark rights can arise simply through actual use (“use in commerce”). However, registration with the USPTO provides significantly stronger protection, greater enforceability, and nationwide rights.
The costs depend on the filing method and the countries involved. For the U.S., official fees apply per class (starting at approximately $250–$350). In addition, there may be attorney fees, translation costs, and subsequent fees for “intent to use” applications.
Yes, even without U.S. residency or citizenship, German entrepreneurs can easily form a U.S. company, such as an LLC or a corporation. However, forming a U.S. company is not a mandatory requirement for registering a trademark.
Yes, foreign individuals and companies are generally entitled to register trademarks in the United States. However, since 2019, applicants not based in the United States must be represented by an attorney licensed to practice in the United States.
On average, the registration process takes about 8 to 14 months. For “intent-to-use” applications, the process may take longer, as proof of actual use is provided at a later date. Additionally, inquiries or objections from the Trademark Office can delay the process.