Registering a trademark in the United States costs $350 per class of goods or services with the USPTO (the Federal Patent and Trademark Office), takes between 12 and 18 months, and grants you the exclusive right to use that name or logo nationwide. You don't need to be a citizen or resident; you do need to be using the trademark in commerce (or have a genuine intention to do so), and if you live outside the U.S., you need a U.S.-licensed attorney to file the application. This guide explains when it's worthwhile, the actual cost including maintenance, how to do it step by step, and the mistakes that cause the USPTO to reject one out of every three applications.
Do you need to register your trademark? The three layers of protection
| Level | How is it obtained | What protects | Cost |
|---|---|---|---|
| Brand of use (common law) | Automatically, when using the name in commerce (you can use ™) | Only in your actual geographic area and only if you can prove that you were the first | $0 |
| State registry | Before the Secretary of State of your state | Only in that state; useful for local businesses that won't sell outside. | $ 50 - $ 150 |
| Federal Registry (USPTO) | Application to the USPTO; upon approval you use ® | All of the U.S.; base for registering in other countries and on Amazon Brand Registry; you can sue in federal court | $350 per class + maintenance |
Register at the federal level if you plan to sell online or in more than one state, if you intend to franchise, if you sell on Amazon (Brand Registry requires a registered or pending trademark), or if the name is part of the business's value. A mechanic shop or taco stand that doesn't plan to expand can keep its state registration and county business name (DBA). However, before printing signs and uniforms, at least complete the search described in step 1; changing your name due to a lawsuit from another trademark owner is what's expensive.
How much does it cost to register a trademark in the United States (2026)
| Concept | Cost | When |
|---|---|---|
| Basic application (by class) | $350 | When submitting (since January 18, 2025, the TEAS Plus/Standard difference disappeared) |
| Surcharges for errors | $100 – $200 per class | If you leave fields incomplete or describe products with free text instead of the descriptions in the USPTO catalog |
| Declaration of use (if you submitted "intention of use") | $150 per class | When you start using the brand, before it is registered |
| Declaration of continuous use (Section 8) | $325 per class | Between the 5th and 6th year of registration |
| Renewal (Sections 8 and 9) | $650 per class | Every 10 years |
| Trademark lawyer (optional in the US, required if you live abroad) | $ 500 - $ 2,000 | Research, drafting, and responding to objections |
Example: A cleaning business that registers its name in one class (cleaning services, class 37) pays $350 today, $325 between years 5 and 6, and $650 in year 10: about $1,325 for 10 years of national protection. If it also sells cleaning products under the trademark (class 3), each amount doubles. The "trademark registration services for $49" that you see advertised charge for completing the form; the USPTO fee is always paid separately.
How to register a trademark with the USPTO, step by step
- Look around before you fall in love with the name. In the USPTO's free trademark search tool, check for identical or similar names—in sound, translation, and spelling—within related products or services. "La Casita Cleaning" and "Casita Clean Co." could be a conflict. Also search on Google, social media, and your state's business registry.
- Decide what you record: Register the name in standard font (protect the name with any design: this is the most useful option) or the logo (protect that exact design). If your budget allows for one, register the name.
- Choose the class or classes. The USPTO groups products and services into 45 classes; you pay for each one. Describe your products using the official catalog (ID Manual) to avoid surcharges and objections.
- Submit your application online (TEAS system) with: owner information (person or LLC), the trademark, the class, a sample of use (photo of the product with the trademark, screenshot of your website selling the service) and the date of first use. If you are not yet using it, mark "intention of use" (then you submit the sample and pay $150).
- Wait for the examiner (8-12 months in 2026). You can approve it, or send an "office action" requesting changes: you have 3 months to respond. This is where a lawyer saves money.
- Publication and registration. The trademark is published for 30 days so others can oppose it; if no one does, it is registered and you can use the ®. Note the maintenance dates: year 5–6 and year 10. If you miss them, the trademark is cancelled.
If you are a foreigner, have an ITIN, or live outside the United States
- The USPTO does not require a Social Security number or immigration status. The applicant can be an individual with a passport or an LLC.
- If your address is outside the U.S.The law requires that the application be filed by a lawyer licensed in the United States. Many businesses register their trademark in the name of their U.S. LLC, which is based in the U.S., and can then file it directly.
- If you already have the trademark registered in your country (Mexico, Colombia, Chile, etc.), you can use that registration as a basis or extend it to the U.S. through the Madrid system, which usually costs more than filing directly with the USPTO.
- Registering the trademark in the name of the LLC (not the individual) makes it easier to sell or franchise it later. If you don't yet have a company: How to open an LLC in the United States.
Trademark, patent, copyright and DBA: which is which
| Protect | Tools | Where |
|---|---|---|
| Name, logo, slogan that identifies your business | Registered trademark (®) | USPTO (federal) the state |
| An invention or process | Patent | USPTO; $5,000 – $15,000 with attorney |
| Texts, photos, videos, music, software | Copyright (©) | Copyright Office; from $45 |
| Business name different from your LLC ("doing business as") | DBA / fictitious name | County or state; $10 – $100. No exclusivity. |
Why the USPTO rejects applications (and how to avoid it)
- Probability of confusion with an already registered trademark: the number one cause. It is avoided by searching in step 1, including Spanish and English variants.
- purely descriptive name: "Clarksville House Cleaning" describes the service and cannot be trademarked. "Latino Shine" can. Invented or suggestive names are the easiest to register.
- Geographic surnames and given names ("Tacos Hernandez", "Nashville Roofing") are usually rejected unless you can demonstrate years of recognition.
- Invalid usage sample: A logo on a business card does not prove use; an invoice with the brand, a website selling the service, or a product label does.
- Translations: The USPTO translates the Spanish words and evaluates the meaning in English. "Limpio" and "Clean" can clash.
FAQ
How much does it cost to register a trademark in the USA?
$350 per class at the USPTO in 2026, plus $325 between years 5 and 6 and $650 every 10 years. With a lawyer, between $850 and $2,500 the first year.
How long it takes?
Between 12 and 18 months from application to registration, if there are no objections. You can use ™ from day one and ® only after registration.
Can I register it myself?
Yes, if you live in the US. The online process is manageable for a simple name in one class. With a logo, multiple classes, or a name similar to others, a trademark attorney usually costs less than a rejected application.
Does registering my LLC protect the name?
No. Registering an LLC only prevents another company from registering with the same name in your state; it doesn't give you trademark rights. Someone in another state can use and trademark the same name before you do.
What happens if someone is already using my name?
If you use it for similar products or services and used it first, it has priority even if you haven't registered it. Change the name before investing more; it's the decision that saves the most money.
Official sources
- USPTO — Trademark Search
- USPTO — Apply online (TEAS)
- USPTO — Fee schedule
- USPTO — Attorney Requirement for Foreign Applicants
This guide is for informational purposes only and does not replace the advice of a trademark attorney. If you plan to sell on Amazon, trademark registration is the first step towards Brand Registry: what you need to sell on Amazon USA . To form the LLC that will own your trademark, request a quote.
