US Company Trademark Registration_US Company Trademark Registration Fees

U.S. company trademark registration is an important step for companies to protect brand rights and expand international markets, involving legal procedures, fee structures, and strategic choices.

The legal basis and importance of trademark registration

U.S. trademark registration uses the Lanham Act as the core legal framework and is divided into two forms: federal registration and state registration.Federal trademarks are filed through the United States Patent and Trademark Office (USPTO) and are valid nationwide, while state trademarks are only protected in the state of registration. Enterprises need to choose the type of registration based on their business scope. Companies that operate across state lines or plan to expand usually give priority to federal registration.

The seller holds a federally registered trademark, which highlights its commercial value. Although unregistered trademarks can obtain limited protection through common law, the cost of rights protection is high and the territory is limited. Registration can significantly enhance the legal effect.

The TESS system is used to conduct trademark searches to eliminate the risk of conflict with existing trademarks. Data shows that 37% of applications will be rejected due to similarity in 2022, highlighting the necessity of search. During the application stage, trademark drawings, evidence of use and product/service classification are required. Electronic applications usually receive an acceptance number within 3 working days.

The review cycle is about 6-8 months, and the examiner may issue an OfficeAction requires supplements and corrections. After passing the review, a 30-day public notice period will be entered. If there is no objection, a registration certificate will be issued. It is worth noting that the intention to use (ITU) application must submit a statement of use within 6 months after approval, otherwise it will be deemed to be abandoned.

Fee structureCost and budget planning

The basic application fee is calculated by category, electronic submission is 250-350 US dollars per category, and paper application fees are increased by 50%. Attorney fees are usually an additional 500-1,500 US dollars, and complex cases may be higher. Small businesses can choose TEASPlus application (USD 250 per category), but needs to accept USPTO’s product description template in advance.

Maintenance fees include an oath of use for the 5th to 6th year after registration (USD 225/category), and renewal fees every 10 years (USD 425/category). It is recommended that enterprises reserve a total budget of 3,000-USD 5,000, covering application, responses to possible questions and subsequent maintenance. Compared with the cost of infringement litigation, which can easily cost tens of thousands of dollars, registration investment is significantly cost-effective.

FAQs and Risk Avoidance

Descriptive trademarks (such as "Fast"Delivery") is often rejected due to lack of distinctiveness, which can be overcome by proving "secondary meaning" (that is, consumers have associated it with a specific source). USPTO data in 2019 shows that the rejection rate for descriptive marks is as high as 62%. Another typical problem is the misclassification of goods. A Chinese company was found in Category 9Registering a charger trademark, but actually selling it as Category 11, resulting in protection failure.

Choosing a professional agency can reduce risks. Regular agents should have USPTO filing qualifications and provide full-cycle services including monitoring, renewal reminders, etc. Be wary of low-price traps. Some unscrupulous agents submit applications through false use evidence.Please do so, which may result in the trademark being revoked.

Special considerations for international enterprises

According to the Madrid Agreement, Chinese enterprises can submit international registrations through their own national trademark offices and designate the United States to save the cost of separate applications. However, it should be noted that the U.S. trademark examination under the Madrid SystemThe standard remains unchanged, and proof of local use needs to be submitted in the 5th to 6th year after registration. Data in 2023 show that the trademark pass rate for Chinese applicants entering the United States through the Madrid system is 68%, slightly lower than direct application."Blood" was mistakenly regarded as a dangerous item in the United States, and was later changed to "Longxue" before being registered. It is recommended to carry out localized trademark design and conduct cross-cultural compliance review.

US trademark registration builds a legal barrier for brand protection, and its strict procedures not only respect the achievements of innovation, but also guarantee the market order. Enterprises should integrate trademark strategies into the overallBusiness planning, balancing costs and scope of protection, and choosing a registration plan suitable for your own development stage.

In a global competitive environment, professional financial and taxation and intellectual property services can help companies efficiently complete compliance layout. Lexun's financial and taxation consulting team has more than ten years of U.S. trademark agency experience, providing full-chain services from search applications to rights protection management, helping companies steadily develop the North American market.