U.S. Trademark Registration (USPTO): Filing, Timeline and Amazon Brand Registry
U.S. trademark registration is the protection of a brand in the United States through an application filed with the USPTO (United States Patent and Trademark Office); trademark rights are territorial, so a registration in your home country is not valid in the U.S. Export Partners is an Amazon SPN verified team that handles clearance search, class selection, filing through a U.S.-licensed trademark attorney and office action follow-up for manufacturers, and opens Amazon Brand Registry with the serial number the same week.
Same-day response · U.S.-licensed attorney · Brand Registry the same week
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Applications are filed with the USPTO through a U.S.-licensed attorney.
What is USPTO trademark registration, and why does Amazon require it?
A trademark is a name, logo or sign that distinguishes a business's products or services from others. In the U.S., trademark rights arise from USPTO registration; a registration in your home country does not provide protection in the U.S. For Brand Registry, listing protection and A+ content on Amazon US, the USPTO application (serial) number is generally sufficient, so there is no need to wait for registration to be completed.
Applicants based outside the U.S. can file with the USPTO only through a U.S.-licensed attorney. The attorney files the application and receives USPTO correspondence; we coordinate the process between you and the attorney and tell you in writing which information is needed and when.
If you already hold a registration in your home country, you can also designate the U.S. through the Madrid Protocol; the choice between a direct USPTO filing and the Madrid route is made in the first call, based on the product, number of classes and timing.
Who is it for?
Brands selling, or planning to sell, on Amazon US
Manufacturers exporting regularly to the U.S.
Companies forming a U.S. entity
Brands whose product is not on sale yet
How is a U.S. trademark registered in four steps?
Clearance search
Class and goods list
Attorney review and filing
Examination, office action and registration
Amazon Brand Registry the week the serial number arrives
No need to wait for registration: the Brand Registry file is prepared with the USPTO serial number, and A+ content and the brand store are opened. If we also manage your Amazon account, we file the application for you.
What does a registered trademark bring you on Amazon?
Protects your Amazon listing
Access to exclusive Amazon tools
Investment and business opportunities
How long does it take, and how is the fee set?
| Stage | Duration |
|---|---|
| Clearance search and class selection | 2 to 5 business days |
| USPTO serial number | 4 to 5 business days after filing |
| Amazon Brand Registry | within a few days of receiving the serial number |
| USPTO examination and registration | usually around one year if there is no opposition |
| Declaration of use (Section 8) | required between the 5th and 6th year after registration |
Pricing depends on the application type and number of classes (current USPTO fee schedule; same source as the calculator):
| Item | USPTO official fee | Attorney fee |
|---|---|---|
| Application, 1st class (use or intent to use) | 350 USD | 500 USD |
| Each additional class | 350 USD | 175 USD |
| Statement of use, intent-to-use applications only, 1st class | 150 USD | 400 USD |
| Statement of use, each additional class | 150 USD | 175 USD |
The total for a single-class application is 850 USD. A 5 percent Stripe processing fee applies to card payments; bank transfers carry no fee. Office action responses are quoted separately. Information on available export incentives is on the export incentives page. Package options combined with Amazon are on the service packages page.
Direct USPTO filing or Madrid?
A Madrid application based on your home-country registration lets you designate several countries in a single filing; a direct USPTO application provides a U.S.-specific goods list and a faster serial number. If only the U.S. and Amazon are the target, a direct filing is usually the better fit; if the EU and the UK are also in the plan, Madrid is worth considering. The decision is made in the first call, based on the product and class list.
From filing to registration: USPTO stages and timelines
| Stage | What happens, how long it takes |
|---|---|
| Examination | A USPTO examining attorney reviews registrability, the goods list and the likelihood of confusion with similar marks. This usually begins a few months after filing. |
| Office action | If a deficiency or objection is found, an official notice is issued. The response period is 3 months and can be extended once by 3 months for a fee; if no response is filed in time, the application is considered abandoned. For applications filed through Madrid, the period is 6 months and cannot be extended. |
| Publication and opposition | A mark that is approved is published in the USPTO Official Gazette; third parties may file an opposition within 30 days of publication. If an opposition is filed, a TTAB proceeding begins. |
| Registration (use-based application) | If the product is already sold in the U.S. (in use) and there is no opposition, the mark is registered. |
| Intent-to-use application | If the product is not yet on sale (intent to use), a Notice of Allowance is issued; a Statement of Use and proof of sales are submitted within 6 months. If needed, up to 5 extensions of 6 months each may be available. |
Source: USPTO application timelines and the response period rule (3 months since December 3, 2022). Timelines can vary with the status of the application; the exact date is stated in the notice.
Why Export Partners?
Trademark and Amazon on one team
U.S.-licensed attorney, one point of contact
Pricing clear from the start
Renewal reminders
U.S. trademark registration fee calculator
Select the classes to file; the official fee and attorney fee are calculated instantly.
You can check the official USPTO database in a few seconds to see whether the same or a similar mark is already on record. You can find the class your product falls into in the official class list. If there is no similar record, the single-class application fee is 850 USD (official fee included). A detailed similarity search is included in our service.
| USA · USPTO | Official fee | Attorney fee |
|---|---|---|
| 1st class | 350 USD | 500 USD |
| Each additional class | 350 USD | 175 USD |
| Statement of use (Intent to Use), 1st class | 150 USD | 400 USD |
| Statement of use, each additional class | 150 USD | 175 USD |
Official fees follow the current schedule of the relevant office. Card payments include a 5% Stripe processing fee; bank transfers have no commission.
Nice classes
No class selected, the breakdown is for a single class
Fee breakdown
| Official fee (USPTO) | |
| 1st class | 350 USD |
| Attorney fee | |
| 1st class | 500 USD |
| Total | 850 USD |
Class selection is finalized during the preliminary search based on your product list; the exact amount is stated in the quote.
About U.S. Trademark Registration
Frequently Asked Questions
Basics
Trademark registration in the U.S. means officially registering your brand with the United States Patent and Trademark Office (USPTO). Registration protects your brand throughout the United States.
Both are granted by the same U.S. agency, the USPTO, but they protect different things:
- Trademark: Protects the name, logo and mark that set your product or service apart from others. It can be renewed indefinitely as long as declarations of use are filed.
- Patent: Protects an invention. A utility patent covers a new and useful product, machine or process for roughly 20 years, and a design patent covers the external appearance of a product for 15 years. Patents are not renewed once the term ends.
To sell under your brand on Amazon and in the U.S. market, what you need is a trademark; if your product does not involve a new invention, a patent is not required. The service on this page covers trademark registration; a patent application is a separate process handled by a patent attorney.
- Your right to sell under your brand in the U.S.
- Others registering the same or a similar mark
- Copying of your product name and packaging
- Your right to file complaints against sellers who use your brand on Amazon without permission (hijackers)
No. Trademark protection is territorial. A registration in another country does not provide protection in the U.S. If you plan to sell in the U.S., a separate U.S. registration is needed.
Whoever registers the mark may gain the right to sell under that brand in the U.S. Selling under the same name could become harder for you, and your Amazon listings may be put at risk. A competitor could also use packaging similar to yours in their own name. That is why filing early matters.
Application Types
The U.S. uses a use-based system. There are two types of application:
- Use-based application (in use): The mark is already in commercial use in the U.S.
- Intent-to-use application: The mark is not yet used in the U.S., but there is an intent to use it
In both cases, the process starts as soon as we file the application.
If your product has been sold to at least one buyer located in the U.S., a use-based (in use) application is filed. The sale can be on Amazon, in a physical store, on your own website or through Shopify; a single sale is enough. If there are no U.S. sales yet, we proceed with an intent-to-use application.
Yes. An intent-to-use application is designed exactly for this situation. You secure your place in line for your brand before sales begin.
Yes. A trademark registered in your home country can serve as the basis for a USPTO application based on a foreign registration (Section 44(e)); on this route, proof of use in the U.S. is not required at filing, but an intent to use the mark in the U.S. is declared. Another route is the Madrid Protocol: the U.S. can be designated in an international application filed through your national trademark office. Which route fits depends on the scope of your home registration and the target products; on both routes the USPTO examination and the risk of an office action are the same.
Fees and Payment
- Use-based application (in use): 850 USD in total. Of this, 350 USD is the USPTO filing fee. There are no other payments.
- Intent-to-use application: 850 USD up front.
Yes. At the statement of use stage, there are two payments:
- USPTO filing fee: 150 USD per class
- Attorney fee: 400 USD, plus 175 USD for each additional class
Via Stripe:
- By card: 850 USD + 5% processing fee
Yes. If the description of goods and services is written as free text instead of being selected from the USPTO's pre-approved list (ID Manual), the USPTO charges an additional 200 USD per class; a very long description may also trigger an extra fee. In our filings we select pre-approved wording that accurately describes the product to avoid this surcharge. The amount in our fee table applies to filings that use pre-approved descriptions.
Process and Timeline
- Within 10 days of payment at the latest: Your application is filed and you receive your serial number. Your application becomes visible in USPTO records.
- About 5-6 months: USPTO examination
- After examination: The application is published (publication), followed by a short period during which third parties can file an opposition
- If there is no opposition: Registration is completed
- Use-based application (in use): About 10-12 months, typically no more than around 12 months
- Intent-to-use application: Takes somewhat longer because a statement of use stage is added
Oppositions are rare. If one is filed, the process takes longer and additional attorney work may be needed. We assess the situation separately and share it with you.
Yes, this is common (office action) and is usually resolved through attorney correspondence. We handle the follow-up.
No. The decision rests with the USPTO examining attorney. We outline risks up front with a trademark search and prepare the response if an office action is issued; however, registration cannot be guaranteed.
An office action is the USPTO examining attorney's written notice of a deficiency or obstacle found in the application. The most common reasons are: likelihood of confusion with a previously registered similar mark, the mark being merely descriptive of the product, a vague description of goods and services, and a specimen of use that is not accepted. Formal deficiencies are often resolved with a single response; for substantive refusals, a response is prepared with the attorney's analysis.
The response deadline is 3 months from the notice date and can be extended once by 3 months for a fee. If no response is filed in time, the application is considered abandoned. If the USPTO is not persuaded after the first response, a final office action may be issued; at that stage, a request for reconsideration or an appeal to the TTAB (Trademark Trial and Appeal Board) is available.
Not always. The USPTO looks at two things together: how similar the marks are in appearance, sound and meaning, and whether the goods are related. A similar mark in the same class may not be an obstacle if the products differ and the sales channels are separate; if the products are the same or complementary, the risk of refusal is high. That is why a trademark search looks at the products themselves, not only at the class number.
It can. According to the USPTO, classification is an administrative arrangement and is not decisive in the likelihood-of-confusion analysis. For example, clothing (class 25) and bags (class 18), or coffee (class 30) and coffee machines (class 11), may be considered related. Being in a different class is not a safeguard on its own.
Words that directly state what a product is or describe one of its features, for example "Organic Olive Oil", are treated as terms everyone should be free to use and may not be accepted on the Principal Register. In such cases, options such as the Supplemental Register, adding a distinctive element to the mark, or excluding the descriptive word from protection (disclaimer) are considered.
After Registration
Your registration certificate is sent to you. Your brand receives full protection throughout the U.S., and you can use the ® symbol.
You do not need to wait for registration to be completed. Once your application receives a serial number, you can apply for Amazon Brand Registry (Amazon's brand protection program). Once the registration is granted, your trademark has full protection and you can sell on Amazon with more confidence.
It helps you protect your listing and gives you access to tools such as A+ content and Sponsored Brands ads.
The Brand Registry application is filed through your Amazon seller account (Seller Central). We prepare the required documents (application serial number, brand image, product and packaging photos). For clients who use our account management service, we file the application; other clients file it themselves using our roadmap.
A trademark owner enrolled in Brand Registry can use Amazon's Report a Violation tool to report listings that use the brand without permission and counterfeit products. Amazon reviews the report and may remove the listings it finds appropriate. A registered trademark generally gives a stronger basis for these reports than a pending application.
The registered trademark owner can file an infringement report with Amazon, and your listing may be removed; a violation record may also appear on your account. That is why running a U.S. similar-mark search before printing packaging and shipping inventory is the safer order.
Renewal
It continues indefinitely as long as you make the required filings:
- Between years 5 and 6: Declaration of use (Section 8)
- Between years 9 and 10: Declaration of use and renewal (Sections 8 and 9). After that, it repeats every 10 years.
The registration may be cancelled. We track the renewal deadlines on your behalf.
Between the 5th and 6th year after registration, a declaration of use (Section 8) is filed along with a current specimen showing the mark is still used in the U.S.; the USPTO fee is 325 USD per class. If this declaration is not filed, the registration is cancelled; a 6-month grace period is available for an additional fee. In the same period, if the mark has been in continuous use for 5 years, an optional Section 15 declaration (250 USD per class) can be filed, which makes the mark incontestable against certain cancellation grounds.
Between the 9th and 10th year after registration, the declaration of use (Section 8) and the renewal application (Section 9) are filed together; the combined USPTO fee is 650 USD per class. Renewal then repeats every 10 years. For registrations that came through the Madrid Protocol, the declaration of use is filed under Section 71 and the renewal is handled through WIPO.
In the U.S., trademark rights continue through use. A mark not used for three consecutive years may be considered abandoned, and third parties may petition to cancel the registration. Declarations of use also show that the mark is actually used on the goods listed.
Other Frequently Asked Questions
Registering as a word mark (standard character) gives protection regardless of the font or style. A logo is a separate application (special form). Most applicants start with the brand name and add the logo later as needed.
A company is not required. Foreign-domiciled applicants must be represented by a US-licensed attorney, and the process runs that way.
® is used only after registration is completed. During the application stage, you can use ™.
Strongly recommended. If the same or a similar mark has already been registered in the U.S., the application may be refused. A pre-filing trademark search reduces this risk.
The class is chosen based on the goods or services the mark will be used for (Nice classification, 45 classes). The class of the product sold on Amazon may differ from the class of packaging or related products, and a separate USPTO fee is paid for each class. If more than one class is needed, the fee is stated separately in the quote; during the preliminary search we determine which classes are needed based on your product list.
No. A U.S. registration covers only the United States. Markets such as the EU and the UK require separate applications.
The application is filed in the name of the mark's actual owner, which can be an individual or a company. Changing ownership later (assignment) is possible but takes time and adds cost. Starting in the name of the right person or company is the sounder approach.
Related articles and services
Trademark registration in other countries
One plan to protect the same trademark in the EU, the UK and Canada.
Get a quote
Tell us your brand, product category and the status of your Amazon account; we reply the same day with a quote that includes the class recommendation, timeline and price.
- Preliminary search report included with the quote
- USPTO fee, attorney fee and service fee listed separately in writing
- Brand Registry file in the same week
Contact us
E-mail: info@exportpartnersllc.com
U.S.: +1 210 756 2033
Export Partners LLC, 5835 Callaghan Rd, Ste 204-0501, San Antonio, TX 78228, USA