Things to Know About U.S. Trademark Registration Is a Business License Needed? Cost Breakdown Here

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

As more and more Chinese companies and individual brands expand into the global market, the United States - 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 system, several common questions often come up Is a business license required? How complicated is the registration process? And how much does it cost? In this article, we’ll walk you through the essentials based on the latest updates.

1. Do You Need a Business License to Register a U.S. Trademark?

This is a common concern among Chinese applicants. According to the United States Patent and Trademark Office USPTO, a business license is not a mandatory requirement for trademark registration. This means whether you're a company, sole proprietor, or individual, as long as you are using or intend to use the trademark in commerce, you’re eligible to apply.

That said, while a business license isn’t required, applicants must provide accurate and valid identification information, such as the company’s registered name, address, and legal representative details. If applying through an agent or attorney, a power of attorney and other supporting documents may also be required.

The U.S. trademark system follows the first-to-use principle, meaning the trademark rights generally belong to the party that first used the mark in commercial activity.

When filing a trademark application, you can choose between two filing bases

Use in Commerce You have already started using the trademark in the U.S. market.

Intent to Use ITU You haven’t used the trademark yet but plan to in the future.

If you file under the Intent to Use basis, you’ll later need to submit a Statement of Use proving the trademark is now in use. Otherwise, your application won’t proceed to registration.

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

To help you better understand the process, here's a simplified breakdown

1. Trademark Search Before filing, it’s wise to search the USPTO database to ensure your trademark isn’t already taken.

2. Application Submission You can file directly via the USPTO website or through a U.S.-licensed trademark attorney.

3. Formal Examination The USPTO checks if your application meets basic requirements.

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

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

6. Registration or Opposition Handling If no opposition is filed, or if it’s successfully resolved, your trademark will be registered and you’ll receive a certificate.

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

3. U.S. Trademark Registration Costs Explained

Cost is a major concern for many applicants. Here's a breakdown of current fees as of late 2025

A. USPTO Filing Fees Official Fees

The USPTO charges fees per class of goods/services

TEAS Plus Electronic Filing with Pre-approved Descriptions Starting at $250 per class

TEAS Standard Electronic Filing with Custom Descriptions Around $350 per class

Paper Filing More expensive and not recommended

> Note TEAS Plus has stricter requirements, such as requiring the use of pre-approved descriptions of goods/services. Otherwise, TEAS Standard must be used.

B. Agent or Attorney Fees

Because the U.S. trademark process involves legal procedures, hiring a qualified attorney or agency is highly recommended. Typical service fees

Basic RMB 1,000-2,000 per class

Full-service Package with Legal Support RMB 2,000-4,000 per class

Additional Services e.g., Office Action responses, opposition handling Varies and charged separately

C. Post-Registration Maintenance Costs

Trademark registration isn’t a one-time process. You'll need to maintain your registration

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

Section 8 + Section 9 Renewal 9th-10th year Around $400-500 per class

Opposition or Litigation Fees Varies significantly, potentially thousands of dollars

4. Recent News and Trends

In the third quarter of 2025, media reports highlighted a surge in Chinese cross-border e-commerce sellers registering U.S. trademarks to enhance brand value and meet platform compliance standards. For example, Amazon has tightened its brand registration requirements, making a U.S. trademark almost mandatory for opening a brand store.

At the same time, many sellers have faced lawsuits over trademark infringement, resulting in frozen accounts and financial losses. This serves as a reminder that trademarks are not just symbols of brand identity - they are also essential legal tools for protection.

In recent years, the USPTO has increased scrutiny on fraudulent use declarations, with dozens of applications rejected or canceled in 2025 due to fake evidence of use. Applicants are strongly advised to submit accurate and legitimate documentation.

5. Conclusion

While the U.S. trademark registration system is relatively transparent and well-structured, it’s full of nuances and potential pitfalls - especially for first-time applicants. Whether you need a business license is no longer a barrier; the real challenge lies in understanding how the U.S. trademark system works.

For cross-border sellers, brand-driven startups, and anyone looking to build a global presence, early trademark planning, realistic budgeting, and working with professional agents are all key steps toward international success.

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