Skip to Main Content

Trademarks: U.S. Trademark Application and Fees

Guide to understanding what a trademark is, the different types of trademarks, searching for United States registered trademarks and how to apply for one

Applying for a U.S. Registered Trademark

  • United States trademark applicants domiciled in the United States or its territories are not required to have but are encouraged to hire a U.S. licensed attorney to assist them with the application/registration process.
  • All foreign trademark applicants for a United States trademark ARE required to hire a U.S. licensed attorney to represent them before the USPTO.
  • Applicants must first create a personal account at
  • Applying for a registered trademark online is done online.
  • There are two initial filing options, TEAS Plus and TEAS Standard, where there are more up-front requirements for TEAS Plus but you pay the lower $250 filing fee instead of the TEAS Standard $350 filing fee.
  • One can apply for either a "use-based" trademark where the applicant provides the appropriate documentation proving that the trademark is currently used in commerce or an "intent-to-use" trademark where the applicant will receive a notice of allowance after which the applicant must begin using the trademark in commerce within a specified period of time.
  • An applicant can apply for a limited number of extensions to the "intent-to-use" period.
  • Follow the Trademark Pre-Filing Checklist to make sure you have met all the requirements.
  • The Trademark Manual of Examining Procedure is the primary reference work on the practices and procedures relative to the trademark registration process in the USPTO.
  • Application fees are outlined at Trademark Fee Information.
  • Native American tribal insignia can be registered free of charge.