U.S. Trademark Registration Is a Business License Required? Fee Breakdown Overview

Everything You Need to Know About Trademark Registration in the United States Is a Business License Required? A Detailed Breakdown of Costs

As more Chinese companies and individual brands expand into the global market, the United States-being one of the world’s most influential consumer markets-has become a top destination for international brand development. Registering a trademark in the U.S. is a crucial step in protecting brand rights and avoiding potential legal disputes. However, for those unfamiliar with the U.S. trademark registration process, several key questions often arise Is a business license required? How complex is the process? And how are the costs calculated?

This article provides a comprehensive explanation based on the latest available information.

1. Is a Business License Required for U.S. Trademark Registration?

This is a common concern among Chinese applicants. According to the U.S. Patent and Trademark Office USPTO, a business license is not a mandatory requirement for trademark registration. Whether you are an individual, a sole proprietor, or a company, as long as you are using or intend to use the trademark in commerce, you are eligible to apply.

However, while a business license isn’t required, applicants must provide accurate and verifiable identity information, such as the legal company name, address, and details of the responsible individual. If applying through an agent or attorney, a power of attorney and other relevant documents will also be needed.

The U.S. trademark system operates on a first-to-use basis, meaning rights are typically granted to the party that first used the mark in commerce.

When filing a trademark application, applicants can choose from two bases

Use in Commerce The applicant has already used the trademark in the U.S. market.

Intent to Use ITU The applicant has not yet used the mark but intends to do so in the future.

If filing under the Intent to Use basis, applicants must later submit a Statement of Use proving actual use of the trademark in commerce. Otherwise, the application will not proceed to registration.

2. Overview of the U.S. Trademark Registration Process

To help you better understand the full registration process, here is a simplified breakdown of the key steps

1. Trademark Search Conduct a comprehensive search on the USPTO website to ensure the mark is not already registered or in use.

2. Application Submission Applications can be filed directly via the USPTO website or through a U.S.-licensed attorney.

3. Formal Examination USPTO reviews the application to ensure it meets basic filing requirements.

4. Substantive Examination An examining attorney reviews the application for potential conflicts with existing trademarks.

5. Publication for Opposition If approved, the trademark is published for 30 days, during which third parties may file an opposition.

6. Registration or Opposition Resolution If no opposition is filed, or if any opposition is resolved in favor of the applicant, the trademark is registered and a certificate is issued.

The entire process typically takes 8 to 12 months, depending on the complexity of the case and whether any objections or oppositions arise.

3. Detailed Breakdown of U.S. Trademark Registration Costs

Cost is one of the most important considerations for many applicants. Based on current information from the USPTO and trademark agencies as of the end of 2025, here is a detailed breakdown

a. Official Fees USPTO

The USPTO charges fees per class of goods/services

TEAS Plus Electronic Filing Starting at $250 per class

TEAS Standard Electronic Filing Around $350 per class

Paper Filing Higher fees apply not recommended

> Note TEAS Plus requires the use of pre-approved descriptions of goods and services. If these are not used, applicants must choose the TEAS Standard form.

b. Agent or Attorney Fees

Due to the legal nature of the process, it is highly recommended to work with a registered U.S. trademark attorney or professional agency. Fees vary depending on the scope of service

Basic Agency Service RMB 1,000-2,000 per class

Full-Service Package including legal support RMB 2,000-4,000 per class

Additional Services e.g., responding to office actions, handling oppositions Fees vary

c. Post-Registration Maintenance Fees

Trademark registration is not a one-time process. Ongoing maintenance is required

Declaration of Use Section 8 - Between the 5th and 6th year Around $200 per class

Combined Declaration of Use and Renewal Sections 8 9 - Between the 9th and 10th year Approximately $400-500 per class

Opposition or Litigation Fees Can range from several thousand to tens of thousands of dollars, depending on the complexity of the case

4. Recent Developments and Industry Trends

According to media reports from Q3 2025, the number of Chinese cross-border e-commerce sellers has surged, and many are now prioritizing U.S. trademark registration to enhance brand value and meet platform compliance requirements.

For example, platforms like Amazon have tightened their brand registration policies, making a U.S. trademark almost a mandatory requirement for opening a brand store. At the same time, numerous sellers have faced lawsuits over trademark infringement, resulting in account suspensions and frozen funds.

This highlights that trademarks are not just symbols of brand identity, but also essential legal tools for protection.

In recent years, the USPTO has intensified its scrutiny of fraudulent use claims. In 2025 alone, dozens of trademark applications were rejected or canceled due to false or misleading use evidence. Applicants are strongly advised to submit accurate and legitimate use statements to avoid legal repercussions.

5. Conclusion

While the U.S. trademark registration process is relatively standardized, it involves many details that can be easily overlooked, especially by first-time applicants. The absence of a business license requirement should not be mistaken for an easy process. Understanding the logic and nuances of the U.S. trademark system is key.

Whether you are a cross-border e-commerce seller, an entrepreneur expanding overseas, or an individual planning to enter the international market, strategic trademark planning, budgeting for costs, and working with professional agents are all essential steps toward successful global brand development.