US Trademark Registration

Protection in the United States

A US trade mark, registered with the USPTO, protects your brand across all 50 states. US applications are use-based: you show the mark in commerce with a specimen, or file on an intent-to-use basis and submit the specimen later. Filing without a thorough search is risky in the US — beyond refusal, you could face a damages claim — so clearance is essential before you file.

The US-attorney requirement

Since 3 August 2019, under 37 C.F.R. §2.11(a), any applicant domiciled outside the United States must be represented before the USPTO by an attorney who is an active member in good standing of a US state bar. Marks & More meets this through Marijan Hucke, Attorney and Counselor at Law admitted in the State of New York, who oversees and files your application — something a pure software tool cannot do.

What it costs

USPTO fees are charged per class: $350 for a standard electronic (TEAS) filing, or a reduced $250 where the stricter TEAS Plus requirements are met — which they usually are, because we prepare the application to the USPTO's accepted identifications of goods and services. Our flat service fee is €199 net.

Search and examination

Because the US recognises common-law rights from use, our clearance covers federal marks, the registers of all 50 states, and unregistered common-law marks — so we can tell you before filing whether your mark is likely to register without conflict. The USPTO examines for both absolute grounds (marks that are merely a name, or merely descriptive, are barred under §2 of the Lanham Act) and conflicts with earlier confusingly similar marks. If it issues an office action, our agents can prepare a response with attorney review — see US Office Action Response.