U.S. Trademark Registration Guide Application Process, Fee Standards, and Compliance Requirements for 2026

For many Chinese applicants, registering a trademark in the United States is no longer novel. However, with the U.S. Patent and Trademark Office (USPTO) completing its system upgrade by the end of 2025, implementing minor adjustments to examination standards, and enforcing new identity-verification requirements for foreign applicants, the procedural details warrant closer attention when filing applications in 2026. Against the backdrop of continuously intensifying cross-border e-commerce and independent brand expansion overseas, many enterprises have observed that the longer the time gap between Amazon Brand Registry enrollment and USPTO trademark registration for the same mark, the higher the risk of pre-emptive registration or opposition.

I. Key Procedural Changes Effective in 2026

Beginning October 2025, the USPTO will fully deploy its upgraded TESS+ database and electronic examination platform. All new applications must be filed exclusively via the TEAS Plus system; the previously available “leniency option” under TEAS Standard will no longer be accepted. This means

1. Applicants must explicitly specify all goods/services used in commerce at the time of filing, strictly corresponding to the latest subclassifications under the 11th Edition of the Nice Classification. Vague descriptions-such as “computer-related software”-are no longer permissible.

2. A genuine, verifiable applicant address and email address must be provided. Foreign applicants must appoint a U.S.-licensed attorney who is registered with and authorized by the USPTO; such attorney’s information will be embedded directly into the application file and made publicly accessible.

3. All logo/image files must be submitted in JPEG format only, on a pure white background, without shadows or borders, and at a resolution of no less than 300 dpi. Vector graphics (e.g., SVG, EPS, AI) will no longer be accepted.

4. For applications filed on an “intent-to-use” (ITU) basis, applicants must either submit a Statement of Use (SOU) or file a request for extension within six months of the initial filing date. The maximum number of allowable extensions has been reduced from five to three, with each extension valid for six months only.

II. Fee Structure (Effective as of January 2026)

USPTO filing fees are calculated per class and are uniform regardless of applicant nationality. Current official fee schedule

1. TEAS Plus filing fee $250 per class (previously $225). If any field fails to meet TEAS Plus requirements, the system will automatically reclassify the application as TEAS Standard and impose an additional $50 surcharge.

2. Fee for each extension request to file the Statement of Use $125 (previously $100).

3. Combined filing fee for the Declaration of Use (Section 8) due between the 5th and 6th years after registration and the Application for Renewal (Section 9) due between the 9th and 10th years $525 per class.

4. Market-rate professional service fees charged by U.S.-licensed attorneys range from $800 to $1,800, depending on case complexity (official government fees excluded). Some law firms offer fixed pricing for the first class, but typically charge an additional $300-$600 for each subsequent class.

III. Critical Compliance Reminders (Non-Procedural-but Directly Impacting Success or Failure)

In practice, approximately 37% of office actions result from formal deficiencies-not issues of distinctiveness. The following three points have been cited most frequently by USPTO examining attorneys in 2026

1. Foreign applicants failing to check the “Non-U.S. Resident” box and simultaneously upload a signed Power of Attorney (POA) form will trigger automatic rejection of the application by the system.

2. When Chinese pinyin or Chinese characters constitute the primary element of the mark, applicants must additionally submit an English transliteration and a clear explanation of meaning. If the mark incorporates common English words (e.g., “sun,” “peak,” “nova”), evidence demonstrating secondary meaning-specifically in relation to the designated goods/services-is required.

3. For specimens of use, screenshots of a company website or links to Amazon product pages alone are no longer sufficient. Applicants must submit complete PDFs showing the sales date, price, “Add to Cart” or “Buy Now” button, and logistics/shipping information-and must include documentation for at least three bona fide customer orders (test orders do not qualify).

IV. Practical Recommendations

Enterprises planning to register trademarks in the U.S. in 2026 are advised to complete the following three preparatory steps before formal submission

Conduct a preliminary similarity search using the USPTO’s free online tool (TESS), ensuring the “Live Dead” status filter is selected to avoid overlooking similar marks that were previously abandoned or rejected;

Confirm in advance with the appointed U.S. attorney that their USPTO registration number (Attorney Docket Number) remains active and valid; several U.S. state bar associations intensified verification of cross-border representation qualifications in 2025;

For multi-class applications, prioritize filing in classes covering core products (e.g., Class 9 for electronic devices; Class 25 for apparel), while deferring filings for other classes to later phases-thereby reducing initial capital outlay.

The above outlines the key milestones and operational details to consider when registering a trademark in the United States in 2026. We hope this information proves helpful.