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Trademarks · USPTO Filing

Federal Trademark Registration with the USPTO

A federal registration turns your brand name, logo, or slogan into a nationwide property right. We guide Florida, Latin American, and European brand owners through every stage, from the first clearance search through filing, examination, registration, and the maintenance filings that keep the registration alive.

824,000+Application classes filed at the USPTO in FY 2025Up 7.4% over FY 20243
4.45 moAverage wait for a first examiner actionFirst half of FY 2026, down from 5.6 months5
$350USPTO base filing fee per classEffective January 18, 20256
45Nice classes of goods and services34 goods classes, 11 services classes
Trademark fundamentals

What a trademark is, and what it is not

A trademark is any word, name, symbol, logo, slogan, sound, color, or product design that identifies the source of goods and distinguishes them from the goods of others. A mark used for services is technically a service mark, though both are commonly called trademarks. The law protects marks because consumers rely on them to know who stands behind a product.

A trademark is different from a business name. Registering an LLC or corporation with the Florida Division of Corporations (Sunbiz), or filing a fictitious name, gives you the right to do business under that name. It does not give you trademark rights, and it does not stop anyone else from using a confusingly similar brand in Florida or anywhere else in the country.

In the United States, trademark rights arise from use. Using a mark creates common-law rights, but only in the geographic area where the mark is actually used and known. Federal registration under the Lanham Act extends those rights across the country and adds legal advantages that common-law rights do not carry.

™

Trademark

Identifies goods. May be used with any claimed mark, registered or not.

℠

Service mark

Identifies services, such as restaurants, hotels, consulting, or software platforms.

®

Registered mark

Reserved for marks registered with the USPTO. Misuse can be raised against the owner.

TD

Trade dress

The look of a product or its packaging. See our Federal Trade Dress Applications page.

The spectrum of distinctiveness

Where a mark falls on this spectrum largely decides whether it can be registered and how far its protection reaches. The strongest marks are the easiest to register and enforce.

UnprotectableStrongest
GenericThe common name of the product. Never registrable.BREAD for bread
DescriptiveDescribes a feature, quality, or place. Registrable only after acquired distinctiveness.CREAMY for yogurt
SuggestiveHints at a quality and requires imagination to connect.WHIRLPOOL for washers
ArbitraryA real word with no link to the product.APPLE for computers
FancifulAn invented word with no prior meaning.KODAK for cameras
Why register federally

Five benefits of a robust federal registration

A well-prepared registration, with an accurate owner, a precise description of goods and services, and the right classes, is a business asset. These are the advantages that matter most in practice.

1

Nationwide priority and notice

Once registered, your filing date becomes a nationwide priority date, even in states where you have not yet sold. Registration on the Principal Register also serves as constructive notice of your claim, so a later user cannot say it adopted your mark in good faith.

15 U.S.C. §§ 1057(c), 1072
2

Legal presumptions and stronger remedies

The certificate is evidence that the mark is valid, that you own it, and that you have the exclusive right to use it for the listed goods and services. It opens federal court, and against counterfeiters it supports statutory damages and, in proper cases, treble damages and attorney's fees.

15 U.S.C. §§ 1057(b), 1115, 1116, 1117
3

Border and marketplace enforcement

A registration can be recorded with U.S. Customs and Border Protection to stop infringing imports. It is also the usual route into Amazon Brand Registry and the takedown programs of other online marketplaces, where most counterfeit sales now happen.

19 C.F.R. Part 133 · CBP Recordation · Amazon Brand Registry
4

Deterrence through the USPTO itself

Your registration appears in every search that competitors and examining attorneys run. The USPTO will refuse later applications for confusingly similar marks, so the office does part of your policing for you, and use of the ® symbol warns copyists before they invest.

15 U.S.C. §§ 1052(d), 1111
5

A durable asset that grows stronger with time

A registration can last indefinitely with timely maintenance. After five years of continuous use, it can become incontestable, which shuts off many challenges to validity. It can be licensed, assigned, pledged as collateral, and used as the basis for protection abroad through the Madrid Protocol, which matters to brands moving between the U.S., Latin America, and Europe.

15 U.S.C. §§ 1058, 1059, 1060, 1065, 1141
USPTO filing activity

Federal filings by the numbers, FY 2020 to FY 2026

The USPTO counts trademark workload in application classes, because a single application can cover several classes and each class is examined separately. Fiscal years run October 1 to September 30.

Trademark application classes filed per fiscal year

Filings spiked during the 2021 e-commerce surge, settled back, and have climbed again since FY 2023.

View data table
Fiscal yearClasses filedChange
FY 2020≈738,000+9.5%
FY 2021943,928+27.9%
FY 2022787,795−16.5%
FY 2023737,018−6.4%
FY 2024767,138+4.1%
FY 2025824,000++7.4%
FY 2026, first half431,734+7.0% vs. H1 FY 2025

Sources: USPTO TPAC Annual Reports 2023 and 2024; USPTO FY 2025 and FY 2026 midyear announcements.1–4 FY 2020 is reported by the USPTO as a rounded figure. Full-year FY 2026 totals had not been published when this page was prepared.

Top five classes by filing volume

Total USPTO filings per Nice class, all years through 2025.

View data table
ClassCoversFilings
9Software, apps, electronics, downloadable media1,902,694
35Advertising, retail and online store services, business services1,483,788
41Education, entertainment, events, sports1,401,695
25Clothing, footwear, headwear1,313,105
42SaaS, technology and scientific services1,222,650

Source: Signa analysis of USPTO records.8 Class 9 has led U.S. filings for years; together these five classes cover most technology, retail, apparel, and media brands.

Average months from filing to first examiner action

USPTO first-action pendency has fallen by almost half since FY 2023, so applicants now hear back far sooner.

Sources: USPTO TPAC Annual Report 2024; USPTO FY 2025 announcement; USPTO first-half FY 2026 report.2, 3, 5 Total time from filing to final disposal averaged 11.7 months in FY 2025 and 10.03 months in the first half of FY 2026.

+28%Record surge in FY 2021, the highest annual filing volume in USPTO history
83,577Classes filed in March 2026 alone, the busiest month since April 2021
4 monthsUSPTO goal for first-action pendency by FY 2028
Step one

Clearance comes before the filing

The USPTO does not search for you before you file. It refuses an application only after examination, months later, and it never looks at unregistered brands already in use. A prior user with common-law rights can still oppose your application or sue after you launch. A clearance search finds those problems while changing the name is still cheap.

We run searches through commercial databases and review the results ourselves. You receive a written risk assessment that explains which earlier marks matter, why, and what the options are.

What a full clearance search covers

  • Federal registrations and pending applications, including phonetic and visual variations
  • State trademark registrations in all 50 states, including Florida under Chapter 495
  • Common-law use: business names, websites, social media, and trade directories
  • Domain names and online marketplaces such as Amazon
  • For foreign brands, the home-country and Madrid records that affect a U.S. filing strategy
The process

From search to registration, step by step

Timing reflects current USPTO averages for applications without complications. Refusals, oppositions, and intent-to-use applications take longer.

  1. 1–2 weeksClearance searchSearch, review, and written risk opinion.
  2. Filing dayApplication filedOwner, mark, goods and services, classes, and filing basis set. Priority date secured.
  3. ≈4–6 monthsExaminationAn examining attorney reviews the application against the law and the register.
  4. 3 months to respondOffice actionAny refusal or requirement. One 3-month extension is available for $125.
  5. 30 daysPublicationPublished in the Official Gazette. Third parties may oppose.
  6. Weeks after publicationRegistration or allowanceUse-based filings register. Intent-to-use filings receive a Notice of Allowance.
  7. Years 5–6, then every 10MaintenanceDeclarations of use and renewals keep the registration alive.
Filing bases

Four ways to qualify for a U.S. application

Every application needs at least one legal basis. The basis decides what you must prove at filing, what you must file later, and when the registration can issue.

§ 1(a) · Use in commerce

Already selling

The mark is already in use in interstate or foreign commerce on every item listed. Requires a specimen and dates of first use.

§ 1(b) · Intent to use

Launching soon

A bona fide intention to use the mark. Locks in priority before launch. Use must be proven before registration.

§ 44(d) / 44(e) · Foreign filing

Home-country rights

Claims priority from a foreign application filed within six months (44(d)) or relies on a foreign registration (44(e)). No use needed before registration.

§ 66(a) · Madrid Protocol

International registration

A designation of the United States through WIPO. Examined by the USPTO like any application. See Madrid: Designations of the U.S.

In use vs. intent to use

What each filing basis requires, side by side

Most U.S. applicants choose between a use-based application under Section 1(a) and an intent-to-use application under Section 1(b). Both secure the same nationwide priority from the filing date once the mark registers. They differ in what you prove, when, and at what cost.

In useSection 1(a) · 15 U.S.C. § 1051(a)Intent to useSection 1(b) · 15 U.S.C. § 1051(b)
Status of the mark at filingAlready used in commerce that Congress may regulate, meaning interstate or foreign trade, for every good and service listed.Not yet in use, or not yet in use for all items. The applicant must have a bona fide intention to use the mark in commerce.
What "use" meansFor goods: the mark appears on the goods, tags, labels, packaging, or point-of-sale displays, and the goods are sold or shipped in commerce. For services: the mark is used or displayed in selling or advertising the services, and the services are actually rendered. Token or sham use does not count. This standard applies to both bases; only the timing differs.
Specimen of useRequired at filing, one per class, showing the mark as customers actually see it.Not required at filing. Required later with the Amendment to Allege Use or Statement of Use.
Dates of first useRequired at filing: first use anywhere and first use in commerce.Provided later, when use is alleged.
Sworn declarationThe mark is in use in commerce on or in connection with all listed goods and services.The applicant has a bona fide intention to use the mark. Keep business plans, designs, and launch records as proof.
Priority dateThe filing date, nationwide, once registered. Earlier common-law use can also be relied on.The filing date, nationwide, once registered. Priority is locked in before any product ships.
After publicationIf no opposition is filed, the mark registers.The USPTO issues a Notice of Allowance. No registration issues until use is proven.
Later filings and deadlinesNone before registration.Statement of Use due within 6 months of the Notice of Allowance. Up to five 6-month extensions, for a maximum of 36 months. Missing the deadline abandons the application.
Government fees, 1 class, ID Manual wording$350$350 + $150 Statement of Use
+ $125 per extension
= $500 to $1,125
Typical time to registrationOften about a year without refusals or oppositions, at current USPTO pendency.Depends on launch. Registration follows acceptance of the Statement of Use, which can be up to three years after allowance.
Transfer before useMay be assigned with the goodwill of the business.Cannot be assigned before use is proven, except to a successor to the related business.15 U.S.C. § 1060(a)(1)
Main risksClaiming use on goods or services not actually sold can void the registration as to those items, or all of it if done with intent to deceive.An opponent can challenge a lack of bona fide intent. Unused goods must be deleted before the Statement of Use is filed.
Best suited forEstablished products and services already on the market.Pre-launch brands, new product lines, rebrands, and foreign brands entering the U.S. market.

◆ marks rows where the two bases differ. You can also switch: an intent-to-use applicant who launches before publication can file an Amendment to Allege Use, and one application can combine both bases for different goods.

The intent-to-use clock after the Notice of Allowance

Each extension must be filed before the current period runs out. Every extension after the first requires a showing of continued good-faith efforts to begin use.

For brand owners abroad

Foreign applicants must file through a U.S. attorney

Since August 3, 2019, every applicant, registrant, or party to a Trademark Trial and Appeal Board proceeding whose domicile is outside the United States must be represented before the USPTO by an attorney licensed in a U.S. state. That rule covers companies in Mexico, Colombia, Brazil, Argentina, Venezuela, Peru, Chile, Spain, France, Germany, Italy, and every other country.

We serve as U.S. attorney of record for foreign brand owners and their home-country trademark counsel. We prepare new applications under Sections 1 and 44, respond to provisional refusals on Madrid designations, and handle post-registration maintenance and recordals.

Issues we see most often with foreign filings

  • Goods and services descriptions translated from home-country filings that are too broad for U.S. practice and draw refusals or surcharges
  • Madrid designations that receive a provisional refusal and must be answered by a U.S. attorney within the deadline
  • Section 44(e) registrations that issue without use but must show U.S. use in the year 5–6 declaration
  • Madrid "central attack" risk: a U.S. designation falls if the home-country basis fails within five years
  • Translations of foreign-language marks, which the USPTO requires and examines for descriptiveness

Latin American Brands · European Brands · Foreign Trademark Counsel

Government fees

USPTO fees for applications and maintenance

These are the official USPTO fees for electronic filing, in effect since January 18, 2025. All fees are charged per class. Paper filings cost more. Attorney fees are separate.

FilingFee per class
Application
Base application, Section 1 or Section 44$350
Insufficient-information surchargeApplies when required information is missing at filing+$100
Free-form goods and services surchargeApplies when wording is not taken from the USPTO ID Manual+$200
Each additional 1,000 characters of free-form wording+$200
Madrid Protocol designation of the U.S., Section 66(a)Collected by WIPO in Swiss francs (CHF 460 since April 12, 2026); surcharges do not apply. See Madrid: Designations of the U.S.$600
During prosecution
Extension of time to respond to an office action (3 months)$125
Amendment to Allege Use or Statement of Use$150
Extension of time to file a Statement of Use (6 months)$125
Petition to revive an abandoned application$250
Letter of protest against another party's application$150
Maintenance after registration
Section 8 declaration of use$325
Section 9 renewal$325
Section 15 declaration of incontestability (optional)$250
Section 71 declaration (Madrid-based registrations)$325
Grace-period surcharge, Section 8 or Section 9+$100
Estimator

Government fees through registration

Filing basis
Goods and services wording
Filing fees$700
Through registration$700
First 10 years of maintenance$1,300

Section 8 at years 5–6 and Sections 8 + 9 at year 10. Add $250 per class for an optional Section 15 declaration.

Estimate of USPTO fees only. Excludes attorney fees, search costs, and any fees for responding to refusals or oppositions.

Firm fees. [Flat-fee packages for clearance search, application preparation, and Statement of Use filings to be inserted here once approved. Florida Bar rules require that any advertised fee be honored as stated.]
Keeping it alive

Maintenance deadlines after registration

A registration does not last on its own. Missing a maintenance deadline cancels or expires it, and the lost filing date cannot be recovered. We docket every deadline for our clients' U.S., Florida, and foreign registrations.

Between years 5 and 6Section 8 declaration of use

Sworn statement that the mark is still in use, with a current specimen per class. Section 15 incontestability may be filed at the same time.

$325 / class (+$250 optional § 15)
Between years 9 and 10Section 8 and Section 9 renewal

Combined declaration of use and application for renewal for a new 10-year term.

$650 / class
Every 10 years afterRenew again

The same combined filing repeats for as long as the mark remains in use.

$650 / class
6-month grace periodLate filing

A filing missed by the deadline can still be made within six months, with a surcharge. After that, the registration is lost.

+$100 / class surcharge

The USPTO audits a random selection of maintenance filings and can require proof of use for additional goods. Deleting goods after an audit adds fees. Claim only what is actually in use.

Lessons learned

Five frequent mistakes in federal applications

Most refusals and lost registrations trace back to a handful of avoidable errors made before or at filing. Many of them cannot be fixed by amendment once the application is on file.

1

Filing without a clearance search

Applicants file on a name they like and learn months later that an earlier registration blocks it, or that a prior user opposes it. Worse, some learn after launch, when they receive a cease-and-desist letter and have to rebrand.

Likelihood of confusion · § 2(d)
Lesson

Search federal, state, common-law, domain, and marketplace sources before spending money on packaging, signage, or advertising. The cost of a search is small next to the cost of a rebrand.

2

Choosing a descriptive or geographic name

Names that describe the product, praise it, or name where it comes from are refused or pushed to the weaker Supplemental Register. Place names popular with South Florida brands, such as Miami, Brickell, or Biscayne, usually must be disclaimed when the goods come from there.

Merely descriptive · § 2(e)
Lesson

Choose a suggestive, arbitrary, or invented mark. Pair descriptive words with a distinctive element, and expect to disclaim generic or geographic wording.

3

Naming the wrong owner

An application filed by a founder personally when the LLC owns the brand, by a distributor instead of the foreign manufacturer, or by a parent instead of a subsidiary can be void from the start. The USPTO does not allow the applicant to be substituted to fix this.

Void ab initio
Lesson

Confirm who controls the nature and quality of the goods before filing. Put licenses and distribution agreements in writing, especially for Latin American and European brands with U.S. importers.

4

Overbroad goods and services, or a weak specimen

Copying a long list of goods from a foreign filing or a competitor triggers surcharges and refusals, and listing goods not actually sold invites cancellation for fraud or nonuse. Mockups, digitally altered images, and screenshots without a way to buy are rejected as specimens and can lead to sanctions.

Identification · Specimen refusals
Lesson

Use ID Manual wording where it fits, describe the goods precisely, and list only what you sell or genuinely plan to sell. Scope can be narrowed later but never broadened.

5

Missing deadlines, or paying the wrong people

Office actions must be answered within three months, Statements of Use within six months of allowance, and Section 8 declarations between years 5 and 6. Missing any of them abandons the application or cancels the registration. Owners also receive official-looking invoices from private companies offering "registration" or "monitoring" services.

Abandonment · Solicitation scams
Lesson

Docket every date from filing onward. Official USPTO email comes from the uspto.gov domain. Send any notice that asks for payment to your attorney before you pay it.

Questions

Frequently asked questions

How long does it take to register a trademark?

For a use-based application with no refusals, registration often issues about a year after filing at current USPTO pendency. The first examiner review now comes about four and a half months after filing. Refusals, oppositions, and intent-to-use applications add time.

Do I need a lawyer to file?

If you are domiciled outside the United States, yes. The USPTO requires a U.S.-licensed attorney. U.S. applicants may file on their own, but mistakes in ownership, the goods and services, or the filing basis often cannot be corrected after filing.

Does my Sunbiz registration or fictitious name protect my brand?

No. A Florida LLC, corporation, or fictitious name filing lets you do business under that name. It does not create trademark rights or stop others from using a similar brand.

Can I file before my product launches?

Yes. An intent-to-use application under Section 1(b) secures your priority date now. You prove use later, before the registration issues.

How many classes do I need?

One class for each category of goods or services you sell or plan to sell under the mark. A clothing brand that also runs an online store and hosts events might need Classes 25, 35, and 41. Each class carries its own fee.

When can I use the ® symbol?

Only after the USPTO issues the registration, and only for the goods and services it covers. Before that, use ™ or ℠.

How long does a registration last?

Indefinitely, as long as the mark stays in use and you file the Section 8 declaration between years 5 and 6 and renew every 10 years.

Does a U.S. registration protect my brand in other countries?

No. Trademark rights are territorial. A U.S. application or registration can serve as the basis for an international filing under the Madrid Protocol, which reaches 133 countries through 117 members. See Madrid: Filing Abroad from the U.S.

Start with clearance

Request a trademark clearance search

Tell us the mark, the goods or services, and where you sell or plan to sell. We will confirm conflicts, then explain the search options and the next steps for a federal filing.

  • Clearance search and written risk assessment
  • Application preparation, filing, and office-action responses
  • U.S. attorney of record for foreign applicants and Madrid designations
  • Statements of Use, maintenance, and deadline docketing