USA Trademark Registration

The trademark registration in the United States has ushered in a number of major adjustments. With the USPTO announcing a substantial increase in official fees (up to 48%) and intensified competition among international brands (such as the controversy caused by the recent successful registration of a dumpling design patent by a Korean company), Chinese companies are facing new challenges in their trademark layout in the US market. This article combines the latest policies and cases to explain in detail the entire process, fees, and key points for selecting a professional agency for trademark registration in the United States, helping you to efficiently complete brand protection.

Requirements for trademark registration in the United States

Evidence of use and declaration

According to Section 51 of the United States Trademark Act, trademark applicants must submit a "Statement of Use" (§8 Declaration) or an "Intent to Use" (Intent to Use). If the application is based on existing use, real evidence of use must be provided, such as product photos, sales contracts, or screenshots of the official website; if the application is based on future use, evidence of use must be submitted within 6 months.

Recent case: South Korea's CJ company successfully registered a dumpling design patent. Its application included detailed product drawings and evidence of use, highlighting the strict requirements of the United States for evidence of use.

Classification and distinctiveness

The United States adopts the Nice Classification, which requires clear categories of goods/services (such as Class 25 clothing and Class 9 technology products). Trademarks must be distinctive and avoid being similar to prior trademarks. For example, if Chinese elements such as Chinese calligraphy and traditional patterns are preemptively registered by others (such as Korean corporate behavior), disputes may arise.

Applicant qualifications

The applicant must be an entity that has used the trademark in American business, or an individual/enterprise with a "good faith intention" to use it in the United States. If evidence of use is not submitted within the prescribed period, the trademark will be revoked or preemptively registered by others.

US Trademark Registration Process

Search and Preparation

Trademark search: Search for similar trademarks through the USPTO official website (TESS system) or professional institutions to avoid conflicts.

Material preparation: including trademark drawings, evidence of use, applicant information, commodity classification table, etc.

Submit application

Submit online through the USPTO official website (TEAS system), choose TEAS Plus (US$225/class) or TEAS Regular (US$400/class).

New rules: Starting from October 2024, official fees will be raised across the board, and the TEAS Plus application fee will increase from US$250 to US$350 per category (a 40% increase).

Review and announcement

Formal review: about 1-2 months to confirm the completeness of the materials.

Substantive review: about 3-6 months to review the distinctiveness, similarity and compliance. If rejected, a reply must be made within 6 months.

Announcement objection: After passing the review, a 30-day announcement period will begin, and third parties may raise objections.

Registration and maintenance

Registration certificate: The certificate will be issued 8-12 months after no objection, and will be valid for 10 years.

Subsequent maintenance:

Year 5-6: Submit a declaration of use (§8 Declaration), and the fee will increase from US$225 to US$300 per category (a 33% increase).

Renewal: Renewal is required every 10 years, and the fee will increase from US$300 to US$350 per category (a 17% increase).

US Trademark Registration Fees

Official Fees (taking a single category as an example):

Basic application fee: TEAS Plus 350 USD, TEAS Regular 400 USD.

Declaration of Use/Renewal Fees: §8 Declaration 300 USD/class, Renewal 350 USD/class.

Other Fees: Objection Defense is about 5000-10000 USD (requires lawyer assistance).

Agency Service Fees:

Market quotations vary depending on the service content, and all-inclusive services are usually 2000-5000 USD (including translation, document preparation, review response, etc.).

Money-saving strategy: Choose TEAS Plus to simplify the process, or strive for low-cost services through an agency (such as Shenzhen companies can enjoy departmental subsidies, and the actual cost can be reduced to RMB 1500).

Why Choose NEO?

Professional Compliance Services

Precise Risk Avoidance: Combining the increase in official fees and the tightening of examination, NEO provides "Trademark Expedited Registration" service, which obtains the application number within 3 working days to reduce the cost pressure caused by the increase in fees.

High pass rate guarantee: A team of lawyers with more than 5 years of experience, familiar with USPTO examination standards, and a rejection rate lower than the industry average.

Transparent fees

No hidden costs: Clearly marked prices include official fees, agency fees and translation fees to avoid the trap of secondary charges. For example, the "trademark guarantee registration" package is only 1,600 yuan, and a full refund is given if it fails.

Localization support

Response to regional requirements: Customized document preparation and compliance guidance are provided for special requirements such as California and New York (such as California requires real sales records).

Full follow-up

1-on-1 consulting service, real-time monitoring of application status, and assistance in handling subsequent matters such as objections and renewals.

The threshold and cost of trademark registration in the United States have increased simultaneously, but the global layout of brands is imperative. Through NEO's professional services, companies can efficiently respond to challenges such as rising official fees and complicated processes, and seize market opportunities at the lowest cost. Whether it is to avoid the risk of "cultural registration" of Korean dumpling patents, or to layout core areas such as technology and e-commerce, choosing a compliant and efficient agency is the only way for brands to go overseas.