What are the official fees for trademark registration in the United States, and what is the fee structure for 2026

📅 2026-09-12 📂 Foreign legal disputes Foreign legal disputes 🏷️ #USPTO Official Fees #Trademark Agency Fee #US Trademark Registration #Cross-Border E-Commerce Trademarks

Direct answer: To apply for a trademark with the United States Patent and Trademark Office (USPTO), the official fees are mainly divided into two parts - the official fees during the application stage and the maintenance fees after successful registration. The application stage is calculated by category: TEAS Plus costs $250 per category, TEAS Standard costs $350 per category. From the 5th to 6th year after registration, an oath of use must be submitted, with an official fee of $225 per category; When renewing in the 9th to 10th year, it is necessary to submit it again. As for the agency service fee, there is no statutory standard, and it is determined by each institution based on the scope of search, number of responses, and whether it includes subsequent procedures. The following text will break down the official fees one by one for your convenience in checking the bills.

USPTO's official fees cannot be saved at all

The official fee standards of the United States Patent and Trademark Office are publicly available and can be found on the official website by anyone. During the trademark application stage, the basic official fees are calculated by category: TEAS Plus at $250 per category, TEAS Standard at $350 per category. The difference is that TEAS Plus requires the use of USPTO pre approved product and service descriptions, which cannot be written by oneself; TEAS Standard allows for free description and higher official fees.

Many customers ask for the first time: Can we only pay $250? Sure, but the prerequisite is that the product description fully complies with USPTO's Acceptable Labeling Manual. Once the examiner deems the description unclear, they will issue an examination opinion, and not only will you need to make changes, but you may also be required to pay an additional official fee of $100 per category. In practice, it is generally recommended to use TEAS Standard directly unless the product is very standard (such as pure clothing or pure coffee).

After successful registration, there are two maintenance fees that must be remembered: $225 per category for the use of oaths (years 5 to 6), and $200 per category for the uncontested oaths (which can be submitted simultaneously). When renewing in the 9th to 10th year, an additional usage oath and renewal fee must be paid, currently $525 per category. These standards will be adjusted periodically by USPTO and will continue to be implemented according to current standards until 2026.

There is no statutory standard for agency service fees, and the price difference is three places

The agency service fee is completely market-oriented, and there are significant differences in quotes from various companies. The price difference mainly comes from three aspects: search depth, including several review opinions and responses, and whether the undertaker has the qualification to practice in the United States.

For those with low quotations, they usually only conduct basic searches, or even no searches. After submitting the application, no response is given, and additional service fees will be charged in case of review comments. For higher priced items, it will include a complete prior trademark search (covering USPTO master book, subsidiary book, and common law evidence of use) and at least one examination opinion response. In practice, it is generally recommended to choose a solution that includes a search and a one-time response, as the proportion of trademark examination opinions issued in the United States is not low, especially for descriptive vocabulary and similar trademark rejections.

When applying for multiple categories, service fees are usually stacked by category, with discounts available for the second category onwards, depending on the pricing arrangements of each institution. Please note that foreign applicants must be represented by licensed lawyers in the United States, which is a mandatory requirement of the US Patent and Trademark Office for foreign applicants. Therefore, the cost of services must include the cooperation of US lawyers.

The response deadline is 3 months, which can be extended, and official fees will be charged separately

After USPTO issues an Office Action, the response period is 3 months, starting from the date of issuance. You can apply for an extension, up to a maximum of 6 months. The extension fee increases by the number of days: $125 for 30 days, $250 for 60 days, $400 for 90 days, $500 for 120 days, and $700 for 150 days. These are official fees, and the service fees of the agency are calculated separately.

Many customers may procrastinate when encountering it for the first time and feel that there is still time. However, the quality of the response to the review comments directly affects the subsequent review process, and seeking a lawyer at the last minute often results in higher service fees. It is generally recommended to initiate response preparation within two weeks after receiving the review comments, leaving sufficient time for evidence and argumentation.

If the examination opinion involves trademark similarity rejection, the difficulty of response may be greater, and a consent form, coexistence agreement, or trademark difference argument may need to be submitted. The workload of such responses is significantly higher than that of ordinary responses, and the cost calculation needs to be discussed clearly before signing the contract.

After registration, many people are struggling with the use of oaths for maintenance

Successful trademark registration is not the end point. In the 5th to 6th year, a declaration of use must be submitted to prove that the trademark is still in commercial use, with an official fee of $225 per class. If this deadline is missed, the trademark will be voluntarily revoked by USPTO. In practice, we have seen many clients miss notifications due to changing email addresses or agents, and by the time they discover them, their trademarks have already expired.

Undeniably, taking an oath is not mandatory, but it is recommended to submit it. It can make a trademark "indisputable" after 5 years of registration, making it difficult for others to challenge it on the grounds of prior use. The official fee is $200 per category, usually submitted together with the oath, and the service fee does not increase significantly.

When renewing in the 9th to 10th year, it is necessary to resubmit the oath of use and pay the renewal fee, which is currently $525 per category. Missing out on the 6-month grace period, an additional $100 surcharge will be charged during the grace period. It is recommended to set reminders on the calendar for these time points or entrust an organization to monitor them.

Madrid designates the United States, with different official fee algorithms

The official fee for designating the United States through the Madrid system is not $250/350, but calculated at $357/class (black and white pattern) or $407/class (color pattern), which is a separate standard for USPTO to designate the United States for Madrid. In addition, there are basic and regulatory fees from the World Intellectual Property Organization (WIPO). Calculating may not necessarily be cheaper than directly applying to USPTO, and even after Madrid designates the United States, USPTO will still conduct substantive examination and may issue examination opinions with a response period of 3 months.

Many customers may think that Madrid designating the United States is more convenient when encountering it for the first time, but in fact, subsequent maintenance cannot be avoided. If the main market is the United States, applying directly to USPTO is often more controllable; If it is a multi country layout, Madrid can save some initial management costs. Specific choices can be found on our intellectual property legal service pages for other countries.

The pit of low-priced quotations is usually buried in these three places

Some prices in the market are significantly lower than those of peers, so be particularly careful. One possibility is that it may not include search and can be submitted directly, which increases the risk of rejection for similar trademarks; The second possibility is that it may not include a response to the review opinion, and if rejected, it will be collected separately; The third possibility is that the application may be invalid if it is submitted by a non US licensed lawyer. The agency requirements of USPTO for foreign applicants are mandatory, and it is necessary to confirm the practicing qualifications of the handling lawyer before signing the contract.

It is recommended to clarify three things before signing the contract: does it include prior trademark search? Does it include at least one review opinion response? Does the handling lawyer have a US practice qualification? These three questions can filter out most unreliable quotes.

In addition, official fees are fixed and cannot be waived by any agent. If someone tells you that official fees can be discounted, it can basically be judged that there is a problem. You can check each transaction on the fee schedule on the USPTO official website by yourself.

When making a budget, first separate the official fees and agency service fees: the official fees are added up by category and stage, and the service fees are confirmed based on the scope of search and the number of responses, leaving a margin to deal with review comments and delays. This way, even if rejected, there will be no passive price increase due to unclear budget.

If you are planning for the US market, it is recommended to conduct a complete trademark search before deciding on your application strategy. For more information on overseas intellectual property layout, you can check out the overseas intellectual property topic or contact our legal team.

This article is compiled by Director Shen Jinlong of the foreign-related intellectual property team at Guangdong Zhiming Law Firm. Director Shen Jinlong has been handling trademark and patent copyright business in the United States and the European Union for a long time, providing full process services including application, response, and rights protection for overseas enterprises and cross-border e-commerce sellers. Phone: 0755-25986969.

Disclaimer: The content of this article is based on the official fee standards and general practice experience of the United States Patent and Trademark Office as of 2026, and does not constitute a legal opinion on any specific case. Official fees may be adjusted, subject to the latest announcement on the USPTO official website. Readers should consult a licensed lawyer regarding their own situation.

Frequently Asked Questions

How much exactly are the official fees for U.S. trademark registration?

The USPTO charges application fees at two tiers: $250 per class for TEAS Plus and $350 per class for TEAS Standard. After registration, in years 5-6, you must also pay a Section 8 declaration fee of $225 per class and a Section 15 fee of $200 per class. These are mandatory official fees with no discounts.

What is generally considered a reasonable agency fee?

A single-class agency fee typically ranges from $800 to $2,500. For a package that includes a search and one response to an office action, a reasonable range is $1,500 to $2,500. Fees below $800 often do not include the search or the response, and additional charges will apply later.

What is the approximate total cost of trademark registration in the United States?

The total budget for a single class is approximately USD 1,000–3,000, including official fees and agent fees. If an extension is needed due to an office action, an additional USD 125–700 in official fees and USD 800–2,000 in agent fees will apply. Over a 10-year period, the total cost may range from USD 2,000–5,000.

Is it cheap to designate the United States in Madrid?

The official fee for a Madrid designation of the United States is USD 357 per class (black and white) or USD 407 (color), plus the WIPO fee. When you add it all up, it's not necessarily cheaper than filing directly, and the subsequent maintenance fees still have to be paid either way. If your main market is the United States, filing directly gives you more control.

What are the risks of low-cost agents?

There are three common risks: failing to conduct a search, which leads to rejection due to similarity; not including responses to office actions, which results in additional fees later; and using a non-U.S.-licensed attorney to file, which renders the application invalid. Before signing, ask clearly whether a search is included, whether responses are included, and whether the attorney is licensed to practice in the United States.

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