Trademark registration in the United States (USA trademark, US trademark registration, US trademark registration, foreign trademark registration), the process is different from the registration structure in other countries.
In this article, we will provide an overview of the key elements of the US trademark registration process, types of applications, important issues, and how to join the Amazon Trademark Registry.
Basic Steps in US Trademark Registration
- Preliminary Check of Application for Trademark (Approx. 2-5 working days)
Brand name USPTO (United States Patent and Trademark Office) database to check whether there is any overlap with similar or identical trademarks. "Likelihood of confusion" risk is analyzed.
-Application (1-2 working days)
The trademark is registered in the USPTO system with the appropriate application type determined (In-Use or Intent-to-Use).
- Examination (Trademark Application Examination) (approximately 6-9 months after Trademark Application)
A USPTO trademark examiner evaluates the application. Here, the registrability of the mark, accuracy of description, and risk of confusion with similar marks are examined. If there is a risk of deficiency or confusion, an Office Action (Official Notice) is sent.
- Publication Process (within 1-2 months after Examination)
If the application is approved, the trademark is published in the USPTO Official Journal and opened for public opposition. An opposition can be filed for 30 days from the date of publication.
- Opposition Process (30 days after publication)
During the publication period, any 3rd party can object to the trademark publication. If an opposition is filed, the litigation-like TTAB(Trademark Trial and Appeal Board) procedure comes into play.
- Registration Decision
If there is no objection:
- For In-Use applications, the trademark is registered directly (within 1-2 months after publication). - For Intent-to-Use applications, a "Notice of Allowance" is sent. The registration is completed by filing a "Statement of Use" within the next 6 months. During this period, the product or service must have started to be sold and a declaration must be submitted together with images (specimen) of the use. If it cannot be prepared in 6 months, an extension can be applied for (up to a maximum of 5 times).
Difference in USA Trademark Applications: Basis of Use in commerce
Unlike many other countries, US trademark registration is based on registration and proof of sale. For a trademark in the United States, you must prove either that the mark is already in commercial use(In-Use) or that you have applied with the intentionto use(Intent-to-Use) and have initiated use.
US Trademark Application Types
- In-Use :
- If the brand is already used in the US market.
- A "specimen" (sample of proof of use) is submitted with the application.
- Intent-to-Use Application:
- This is done if the brand is not yet in active use in the US, but will be in the near future.
- "Notice of Publication" is received, followed by "Notice of Allowance".
- The trademark registration is completed by filing the "Statement of Use".
- An additional 6-month extension can be requested for products that have not yet been placed on the market. The USPTO grants a 6-month extension up to 5 times in total.
What is Office Action and How to Manage It?
The application may be followed by formal requests from the USPTO, called "Office Action". These usually happen for the following reasons:
- Name similarity or likelihood of confusion
- Lack of specification or technical form errors
A response is mandatory within 6 months of receipt of Office Action. If no response is given, the application is automatically rejected.
As Export Partners, we provide you with full support during the Office Action process. We analyze the type of notification, determine our legal defense strategy, prepare professional defense petitions and submit our response to the USPTO on time. We manage all communication on your behalf and ensure the healthy progress of the process.
Integrated Brand Protection with Amazon Brand Registry
After filing a trademark application in the US, a pre-application can be made quickly with the application number (Serial Number) to the Amazon Brand Registry program. Once the trademark is fully registered, your trademark on Amazon is officially protected.
- Thanks to the system that verifies that you are the brand owner, counterfeit product complaints against competitors who imitate your brand can be made easily.
- You can report violations directly to Amazon and you will have content editing rights.
- You can protect your brand reputation and gain superior control over product detail pages.
As Export Partners, we carry out your trademark registration process as well as the process of protecting your trademark on Amazon.
US Trademark Registration USPTO 2025 Fees
- In-Use Application Fees:
- USPTO TEAS Plus Application Fee: USD 350
- Intent-to-Use Application Fees:
- USPTO TEAS Plus Application Fee: USD 350
- Statement of Use Fee (additional stage): USD 150
For all applications, we also provide professional file tracking in the USPTO system, possible Office Action responses and necessary notifications.
Advantages We Offer with Export Partners Service
- Full representation throughout the application process with experienced Trademark Attorney Staff
- Analyzing the conflict risks of your brand with a Free Pre-Assessment
- Pre-Application Check and USPTO database search
- Easy payment plans with Installment Payment Option
- Continuous information and quick turnaround support
- Amazon Brand Registry Application Free of Charge: In addition to your registration process, we also do your Amazon brand registration for free
8. Conclusion
Since trademark registration in USA (USA trademark) is based on proof of sale and proof of use, it is of great importance to choose the right type of application and to respond professionally to possible objections and Office Action requests. As Export Partners, we successfully manage your process with expert support in US trademark registration, US trademark registration and international trademark registration.
You can safely carry out your US trademark application process with us.
You can contact us for more information.
