USA Trademark Registration (USPTO)

What is USA Trademark Registration (USPTO)?

Registering your trademark with the United States Patent and Trademark Office (USPTO) gives your brand legal protection across all fifty states of the USA. For Indian startups expanding to the US market or seeking US investment, a USPTO registration demonstrates brand ownership, deters infringers, and enables customs recordal to block counterfeit imports into the world's largest consumer market.

The United States Patent and Trademark Office, commonly known as the USPTO, is the federal agency responsible for granting trademark registrations in the United States under the Lanham Act, codified at 15 U.S.C. § 1051 et seq. A USPTO federal registration provides rights that are significantly broader and more enforceable than state-level common law rights, giving the registrant the exclusive right to use the mark nationwide in connection with the goods and services listed in the registration. For Indian entrepreneurs and companies targeting the United States market, a USPTO registration is one of the most commercially valuable intellectual property assets they can hold. The basis for filing a USPTO trademark application differs from India's filing system. Under the Lanham Act, an applicant can file either on the basis of actual use of the mark in US commerce (Section 1(a) use-in-commerce), or on the basis of a bona fide intention to use the mark in the future (Section 1(b) intent-to-use). For most Indian companies that have not yet commenced sales in the USA, the intent-to-use basis is the appropriate starting point. Once the application is approved, an Allowance Notice is issued, and the applicant must then file a Statement of Use (or an Extension of Time to do so) demonstrating actual use of the mark in US interstate commerce before registration can be finalised. Alternatively, Indian companies that already hold a trademark registration in India (or have a pending Indian application) can file in the USA under Section 44(e) or 44(d) of the Lanham Act respectively, claiming the Indian filing date as the priority date. Section 44(d) allows the US application to claim the same filing date as the Indian application if filed within six months of the Indian priority date. This is an important strategic advantage that allows Indian founders to extend their domestic priority internationally. The USPTO filing fees are structured per class of goods or services. As of 2024, the TEAS Plus application fee is USD 250 per class, while the TEAS Standard fee is USD 350 per class. TEAS Plus requires the applicant to select descriptions from the USPTO's Acceptable Identification of Goods and Services Manual (the ID Manual), while TEAS Standard allows custom descriptions subject to examination. Indian applicants must file through a licensed US attorney, as foreign-domiciled applicants are required by USPTO rules to be represented by an attorney who is licensed to practice law in the United States. After filing, the application is assigned to a USPTO examining attorney who reviews it for compliance with the Lanham Act, conflicts with existing registered marks, and adequacy of the description. The examining attorney may issue an Office Action raising objections within approximately two to four months of filing. Common objections include likelihood of confusion with a prior registered mark, merely descriptive refusals, and requirements to disclaim non-distinctive components of the mark. Responses to Office Actions must typically be filed within three months (extendable to six months for a fee), and a well-argued response is critical to overcoming refusals. If the examining attorney approves the mark, it is published in the Official Gazette for a thirty-day opposition period during which third parties may oppose registration. If no opposition is filed (or if any opposition is successfully defended), the mark proceeds to registration (for use-based applications) or to an allowance (for intent-to-use applications). The entire process from filing to registration typically takes twelve to eighteen months for a straightforward application. From an Indian regulatory perspective, no RBI or FEMA approvals are required to file a USPTO trademark application from India. The professional and government fees paid to a US attorney are treated as a current account transaction (royalty or professional service) and can be remitted abroad under the Liberalised Remittance Scheme or as a business expense. Indian companies should also note that USPTO registration in itself does not create use rights in India; a separate Indian registration remains necessary for domestic protection. Expert assistance from attorneys familiar with both Indian and US trademark law is strongly advisable. Selecting the correct filing basis, drafting descriptions that satisfy the USPTO ID Manual, anticipating and responding to Office Actions, and managing deadlines across multiple jurisdictions requires specialised expertise. Errors in classification, description, or specimen submission can result in abandonment of the application and loss of the filing fee.

How It Works

1. 1

   Strategy and Classification

   We assess the mark's registrability under the Lanham Act, advise on the correct filing basis (use-in-commerce, intent-to-use, or Paris Convention priority claim under Section 44), select the appropriate US international classes, and draft descriptions that align with the USPTO ID Manual.

2. 2

   Clearance Search

   We conduct a comprehensive search of the USPTO TESS database and common law sources to identify conflicting marks that could lead to an Office Action refusal or third-party opposition, and advise on the risk of proceeding.

3. 3

   Application Filing

   We prepare and file the TEAS Plus or TEAS Standard application on your behalf through your appointed US licensed attorney, paying the applicable government fee per class and submitting all required attachments.

4. 4

   USPTO Examination and Office Action Response

   We monitor the application through the USPTO examination queue, and where an Office Action is issued, we draft and file a substantive response within the prescribed deadline addressing all refusals and requirements.

5. 5

   Publication and Opposition Monitoring

   Once approved by the examining attorney, the mark is published in the USPTO Official Gazette. We monitor the thirty-day opposition window and coordinate defence if a third party files a Notice of Opposition before the Trademark Trial and Appeal Board.

6. 6

   Registration or Statement of Use

   For use-based applications, the certificate of registration is issued after publication. For intent-to-use applications, we prepare and file the Statement of Use with appropriate specimens once you commence use in US commerce, completing the registration process.

Government Fees (USPTO)

Professional Fees