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Trademark registration

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Protect your brand name at the federal level

Your company name is approved by a state, but that approval is not a trademark. A federal trademark registration from the US Patent and Trademark Office (USPTO) gives you a legal presumption, across the US, that you own your brand name or logo for specific goods and services. Through Firmlane, a US-licensed trademark attorney partner reviews your mark and prepares and files your application with the USPTO.

  • Prepared and filed by a US-licensed trademark attorney partner
  • USPTO fees are separate government fees, charged per class
  • Meets the USPTO rule that foreign-domiciled applicants use a US attorney
  • Status updates in your account until the USPTO responds
Get started See USPTO fees

At a glance

US trademark registration in five lines

USPTO figures as published on uspto.gov and checked on October 17, 2026. Fees and wait times change, so the attorney confirms them before filing.

  • Who decides

    The USPTO. An examining attorney reviews every application.

    Filing does not guarantee registration.

  • USPTO base application fee

    $350 per class of goods or services

    Effective January 18, 2025, when the USPTO replaced the TEAS Plus and TEAS Standard fees with a single base fee.

  • Average wait for a first USPTO review

    4.3 months

    USPTO average as of October 1, 2026. Your wait may be shorter or longer.

  • Average time to registration or abandonment

    10.4 months

    USPTO average as of October 1, 2026, not a promise for any one application.

  • How long it lasts

    As long as you keep using it and file the maintenance documents

    A Section 8 declaration between years 5 and 6, then a renewal every 10 years.

Why it matters

A company name is not a trademark

When your state accepts your LLC or corporation name, it means the name can be used on that state's business register. It does not give you exclusive rights to use the name as a brand, and it does not stop a company in another state from using a confusingly similar name for similar products.

Trademark rights in the US start with use. Using a mark in commerce creates common-law rights, but the USPTO notes that those rights are limited to the geographic area where you actually use the mark. A federal registration goes further. According to the USPTO, registration gives you:

  • A legal presumption that you own the mark and have the right to use it
  • A listing in the USPTO's public database of registered and pending marks
  • The right to use the ® symbol, which is only allowed for federally registered marks
  • The right to bring a lawsuit about the mark in federal court
  • The option to record the registration with US Customs and Border Protection to help stop infringing imports
  • A basis for applying for protection in other countries

The USPTO does not police your mark for you. Watching for infringers and enforcing your rights stays your responsibility.

How it works

From your brand name to a USPTO decision

  1. 01

    Tell us about your mark

    The name or logo, the goods or services it covers, and when and where you first used it, if you have.

    You

  2. 02

    Attorney review

    A US-licensed trademark attorney partner reviews your mark, checks the USPTO database for obvious conflicts and explains the risks before filing.

    Attorney partner

  3. 03

    Classes and description

    The attorney identifies the right classes and writes the description of goods or services, using the USPTO ID Manual where possible to avoid surcharges.

  4. 04

    Filing basis

    Your application is filed based on current use in commerce, with a specimen showing the mark in use, or on a bona fide intent to use it in the future.

  5. 05

    Filing with the USPTO

    The attorney files electronically and the USPTO fees for each class are paid. You see both fees separately before you pay.

    USPTO fees per class

  6. 06

    Examination

    A USPTO examining attorney reviews the application. If there is a problem, the USPTO issues an Office action.

    USPTO average 4.3 months to first action

  7. 07

    Publication and opposition

    If approved, the mark is published in the Trademark Official Gazette, and third parties have 30 days to oppose it.

  8. 08

    Registration or notice of allowance

    Use-based applications proceed to registration. Intent-to-use applications receive a notice of allowance, and you then file a statement of use once you are using the mark.

Filing basis

Already using the mark, or planning to?

Most US applications are filed under one of two bases in Section 1 of the Trademark Act. The attorney confirms which one fits your situation.

  • Best fit

    Use in commerce, Section 1(a)
    You already sell goods or offer services under the mark in commerce.
    Intent to use, Section 1(b)
    You are preparing to launch and want to file before you start selling.

  • What you file at the start

    Use in commerce, Section 1(a)
    The application, the date of first use and a specimen showing how the mark is used.
    Intent to use, Section 1(b)
    The application and a signed declaration of a bona fide intention to use the mark.

  • Extra steps

    Use in commerce, Section 1(a)
    None for use. The application goes through examination and publication.
    Intent to use, Section 1(b)
    After the notice of allowance, a statement of use within 6 months, or an extension request.

  • Extra USPTO fees

    Use in commerce, Section 1(a)
    None for use.
    Intent to use, Section 1(b)
    $150 per class for the statement of use, plus $125 per class for each 6-month extension.

USPTO fees as listed on the USPTO fee schedule, checked on October 17, 2026.

Transparent pricing

What a trademark application costs

USPTO fees go to the USPTO; the Firmlane fee covers the attorney partner's preparation and filing. Both are shown separately.

Application in one class

  • Firmlane trademark service

    Covers an application in one class of goods or services, prepared and filed by a US-licensed attorney partner. Current price in the catalog below.

    Shown before you pay

  • USPTO base application fee

    Paid to the USPTO when the application is filed.

    $350 per class

  • USPTO surcharges, if they apply

    Insufficient information ($100), free-form description ($200), each extra 1,000 characters ($200).

    $100 or $200 per class

  • Intent-to-use filings later

    Statement of use or amendment to allege use. Each 6-month extension is $125 per class.

    $150 per class

  • Office action responses

    Responding to an Office action may cost extra. You are told the cost before any work is done.

    Only if needed

You pay when you order

The Firmlane service fee plus the USPTO fees for each class you file in

USPTO fees as published on uspto.gov on October 17, 2026. The USPTO says it does not refund filing fees if a mark is not registered, so the attorney review before filing matters.

Know before you file

Classes, searches and Office actions

How classes work

Every application lists the specific goods or services the mark is used for, sorted into the international classification system the USPTO uses. There are 45 classes: classes 1 to 34 cover goods and classes 35 to 45 cover services. USPTO fees are charged per class.

The USPTO gives a simple example. Golf shirts, dress shirts and t-shirts all fall in one class, so the base fee is $350. Add custom t-shirt printing services and the application covers two classes, so the base fee becomes $700. Choosing classes and wording the description well affects both your cost and the scope of your protection.

Why a search comes first

The USPTO recommends a clearance search before you file, even if you hire an attorney. The most common reason for refusal is a likelihood of confusion with an existing mark. According to the USPTO, marks may be confusingly similar if they look alike, sound alike or have similar meanings, and goods or services may be related if they are sold together, used by the same buyers or advertised together. They do not have to be in the same class to conflict.

Office actions

An Office action is an official letter from the USPTO examining attorney listing problems with the mark or the application. Some are simple, such as a clarification of the description; others are substantive, such as a likelihood of confusion refusal.

  • You must respond within 3 months of the date the Office action issues.
  • An optional 3-month extension can be requested for a fee, listed at $125 on the USPTO fee schedule.
  • If no response is filed in time, the application is abandoned, and the USPTO does not refund the fees.

The attorney partner tells you what a response involves and what it costs before any work starts.

Founders outside the US: a US-licensed attorney is required

The USPTO says that if you are a foreign-domiciled trademark applicant or registrant, you must have a US-licensed attorney represent you. For a company, the USPTO treats its domicile as its principal place of business: the headquarters where its senior executives direct and control it. The USPTO also says a P.O. box or a "care of" address generally cannot be a domicile address.

That means a US LLC or corporation run from outside the US will usually be treated as foreign-domiciled, even though it was formed in a US state. Firmlane's trademark service already works this way: every application is prepared and filed by a US-licensed trademark attorney partner.

Scope

What the trademark service covers

Included

  • Review of your mark by a US-licensed trademark attorney partner
  • Choice of filing basis and the class for your goods or services
  • Preparation and filing of your USPTO application for one class
  • Status updates in your account until the USPTO responds

Not included

  • USPTO fees, which are government fees shown separately
  • Additional classes, unless you add them before you pay
  • Office action responses, oppositions or disputes, which may cost extra
  • A guarantee that the USPTO will register your mark

Related

About this service

This page is general information about US federal trademark applications as of the review date below. It is not legal advice. Firmlane is not a law firm and does not provide legal advice; trademark applications ordered through Firmlane are prepared and filed by an independent US-licensed trademark attorney partner, who advises you directly. Firmlane is not affiliated with the USPTO or any government agency. The USPTO decides whether a mark is registered, and no one can guarantee registration. USPTO fees and wait times are set by the USPTO and can change.

Official sources

Last reviewed

USPTO fees and processing averages change. The attorney partner confirms current figures before filing.

Protect the brand you are building

A US-licensed trademark attorney partner prepares and files your USPTO application. You see the Firmlane fee and the USPTO fees separately before you pay.

Get started Talk to us

$0 Firmlane service fee on eligible formations. You pay the state filing fee, shown before you pay.