Filing intellectual property in the United States

The USPTO is a use-based system: rights flow from actual commercial use, and examination is strict on specimens, descriptions of goods and the identity of the applicant.

Office: USPTO
Language: English
Local currency: USD
Opposition: 30 days from publication, extendable in 30–90 day increments
Term: 10 years from registration
Renewal: Section 8 declaration between years 5–6, then Sections 8 & 9 every 10 years

Fees & timelines by right

Right	Official fee	Our fee	All-in	Timeline
Trade Mark / Brand Name	$350	$249	$599	10–16 months
Service Mark	$350	$249	$599	10–16 months
Trade Name / Business Name	$50	$149	$199	1–4 weeks
Patent	$320	$1,450	$1,770	18–36 months
Utility Model / Petty Patent	Not available — USPTO operates no registry for this right
Copyright	$65	$149	$214	3–8 months
Industrial Design	$300	$690	$990	12–20 months
Geographical Indication & Collective Marks	$350	$690	$1,040	12–20 months
Trade Secret & Confidentiality Programme	$0	$690	$690	2–4 weeks to implement

Indicative single-class / single-application rates in USD. Your live quote confirms the exact amount before payment.

Who can file & on what basis

Section 1(a) — use in commerce (specimen required at filing)
Section 1(b) — intent to use (specimen filed later with a Statement of Use)
Section 44(e)/44(d) — based on a home-country registration or priority claim
Section 66(a) — Madrid Protocol designation of the US

Local agent: Mandatory for foreign-domiciled applicants. Ascen Mark routes the file to a licensed US attorney.

What we need from you

Requirements

Exact legal name, entity type and domicile address of the owner
Clear representation of the mark (standard character or design)
Goods/services written to USPTO ID Manual standards
US-licensed attorney for every foreign-domiciled applicant

Documents

Specimen of use (packaging, screenshots of a live checkout page, labels)
Logo file in JPG, 250×250 to 944×944 px, if filing a design mark
Priority document if claiming a foreign filing date within 6 months
Signed declaration of truthfulness (collected electronically in the portal)

Affidavits, resolutions & authorities

Executed papers this office expects — who signs them, how they must be witnessed, notarised or legalised, and the deadline for lodging them.

Signed declaration under 37 CFR 2.20 / 11.18

The applicant (or an officer with knowledge) declares under penalty of perjury that the facts are true and that use in commerce is accurate. False declarations can void a registration for fraud.

Execution:: Signed by the applicant (scan accepted)
When:: With the application and with each statement of use
Applies to:: Trade Mark / Brand Name, Service Mark, Trade Name / Business Name, Geographical Indication & Collective Marks

Specimen of use in US commerce

Real-world evidence: product labels, packaging, or a shopping-cart web page. Mock-ups and printers' proofs are refused.

Execution:: Signed by the applicant (scan accepted)
When:: At filing (1(a)) or with the Statement of Use (1(b))
Applies to:: Trade Mark / Brand Name, Service Mark, Trade Name / Business Name, Geographical Indication & Collective Marks

US-licensed attorney of record (foreign applicants)

37 CFR 2.11 requires foreign-domiciled applicants to be represented by a US-licensed attorney. We appoint one and record the appointment.

Execution:: Signed by the applicant (scan accepted)
When:: From filing
Applies to:: Trade Mark / Brand Name, Service Mark, Trade Name / Business Name, Geographical Indication & Collective Marks

Application Data Sheet, inventor oath/declaration and assignmentADS / AIA 01

Each inventor signs an oath or declaration; entity status (micro/small) is certified; assignments are recorded with the USPTO Assignment Center.

Execution:: Signed by the applicant (scan accepted)
When:: At filing or within the notice period
Applies to:: Patent, Utility Model / Petty Patent

Information Disclosure Statement (duty of candour)SB/08

All known material prior art must be disclosed; non-disclosure risks inequitable conduct.

Execution:: Signed by the applicant (scan accepted)
When:: Within 3 months of filing, then as new art is found
Applies to:: Patent, Utility Model / Petty Patent

Deposit copy + work-made-for-hire / transfer statement

Deposit of the work and, where the claimant is not the author, a statement of transfer or work-made-for-hire basis.

Execution:: Signed by the applicant (scan accepted)
When:: With the application
Applies to:: Copyright

Formality requirements change and are applied at each registry's discretion. This checklist is preparation guidance, not legal advice — your appointed local agent confirms the final list before filing.

How the filing runs

1
Clearance
Identical and confusingly-similar screening against the USPTO register and common-law sources.
2
Filing
TEAS application filed by our US attorney; serial number issued the same day.
3
Examination
Examining attorney reviews in roughly 7–9 months and may issue an Office Action.
4
Publication
Published in the Official Gazette for a 30-day opposition period.
5
Registration / Notice of Allowance
Use-based marks register; intent-to-use marks get a Notice of Allowance and 6 months to prove use.

Use, renewal & status tracking

Use requirement

Use is mandatory. Non-use for 3 consecutive years creates a presumption of abandonment.

Registry status sync

Live — USPTO Trademark Status & Document Retrieval API syncs status and deadlines automatically.

Common pitfalls

Digitally altered or mock-up specimens are refused and can taint the file
Overbroad goods descriptions trigger avoidable Office Actions
The applicant name must match the legal entity exactly — errors are often fatal, not fixable

Ready to file in United States?

Run a free name check first, or start a filing with a fixed quote.

Name check Start a filing

This guide is general information about United States procedure, not legal advice. Official source: https://www.uspto.gov