Maksym Stepanenko
Managing Partner, Crystal Tax
International client projects since 2012: company structures, tax, immigration, DUNS and NCAGE. 50+ jurisdictions.
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US trademark registration, turnkey, for brand owners from Ukraine and other countries: we check your mark, file with the USPTO through a US-licensed partner attorney and take the application through to registration.
Since 2012 · 50+ jurisdictions · USPTO filing through US partner attorneys · EU and Madrid System in one team
In brief
- US trademark registration means entering your mark on the federal register of the USPTO (United States Patent and Trademark Office); the registration covers the whole country and is renewed every 10 years.
- An applicant domiciled outside the United States must be represented by a US-licensed attorney: rule 37 CFR 2.11(a) has applied since 3 August 2019 to applicants, registrants and parties to proceedings.
- We handle USPTO trademark registration turnkey: clearance search and risk review, Nice classes and filing basis, filing through licensed partner attorneys in the US, office action responses, renewals. We run the correspondence, and responsibility to you is ours.
- Since 18 January 2025 the USPTO has a new fee structure: one base fee per class plus surcharges for insufficient information, free-form descriptions of goods and long descriptions. The fee amounts are listed in the reference section below.
- Usually, in our experience, the search and filing take 1–2 weeks; registration itself is decided by the USPTO and usually takes about a year or longer. The timeline depends on the case, its details, the authorities and force majeure.
Your situation
Pick the situation closest to yours: a short note on the route and the first step.
We are launching on Amazon US and need a trademark for Brand Registry
Amazon Brand Registry accepts a brand with a registered trademark or a pending application filed with the office of the country where the Amazon store operates. We check the mark and file with the USPTO, and the application number can be used to enrol in Brand Registry.
Example. A kitchenware manufacturer from Dnipro filed a USPTO application for a word mark in one class and enrolled the brand in Brand Registry while the application was pending.
Discuss this case →We have a SaaS product with US customers and an unprotected name
We check the name against the USPTO register and the market, choose classes for software and online services, and pick the filing basis: actual use or intent to use.
Example. An IT team from Kharkiv filed in two classes ahead of a funding round; the investor checked for the application during due diligence.
Discuss this case →Our trademark is registered in Ukraine and we are starting US exports
We compare two routes: designating the US through the Madrid System based on the Ukrainian registration, or a direct USPTO application. If less than 6 months have passed since the Ukrainian filing date, priority can be claimed.
Example. A furniture maker with a mark registered in Ukraine chose a direct USPTO application: it made it easier to word the goods precisely for the US market.
Discuss this case →Someone else filed our application and now we have an office action
We take over the case: a partner attorney enters an appearance, we analyse the examiner's objections and prepare the response within the deadline. If the deadline is close, we assess an extension.
Example. A cosmetics brand owner received a refusal over the description of goods after filing through an online service; the response reworded the goods, and the application was published.
Discuss this case →We need brand protection in both the US and the European Union
We file with the USPTO and EUIPO in parallel, or through the Madrid System, with the same list of goods. One team keeps the deadlines and correspondence for both applications.
Example. A children's clothing brand from Lviv filed in the US and the EU at the same time before launching on marketplaces in both regions.
Discuss this case →The search found a similar mark in the US
We assess the risk: similarity of the marks, relatedness of the goods, actual use of the other mark. We propose options: change the name or logo, narrow the list of goods, or agree coexistence with the owner.
Example. A fitness start-up found a similar mark in a neighbouring class on the register and changed its name before filing, keeping the recognisable part of the brand.
Discuss this case →What turnkey US trademark registration includes
Turnkey US trademark registration covers everything from checking the mark to the registration certificate and a renewal calendar. Applications and responses are filed with the USPTO through licensed partner attorneys in the US; for you it is one contract and one team, and we run the correspondence.
Why a brand needs federal registration
Federal registration with the USPTO secures rights to the mark in every state, puts them on the public register and lets you use the ® symbol next to the mark; before registration the TM designation is used. Registration is needed to enrol a brand on marketplaces, for licence agreements with distributors and when an investor reviews the company. A brand already sold in the US without registration is exposed: a competitor can file for a similar mark first, and a dispute costs more than registration.
Checking the mark before filing
- Search for identical and similar marks on the USPTO register in the classes where you operate or plan to operate.
- Assessment of refusal risks: descriptiveness, likelihood of confusion, geographic terms, surnames.
- Recommendations: word mark, logo or both, and in what order to file.
The USPTO application
- Choice of classes under the International Classification of Goods and Services (Nice classification) and wording from the USPTO ID Manual to avoid surcharges for free-form descriptions.
- Choice of filing basis: use in commerce, intent to use, a foreign application or registration.
- Preparation of specimens of use: photos of goods bearing the mark, website or store pages.
- Filing through a partner attorney, with the applicant's domicile address as the USPTO requires.
Examination and responses to the examiner
- Monitoring of application status and deadlines.
- Office action responses: arguments, amendments to the goods, disclaimers, substitute specimens. We rework objections with no extra charge for our work.
- Tracking publication in the Official Gazette and the 30-day opposition period.
- For intent-to-use applications: the Statement of Use or extensions of time.
After registration
- Registration certificate and a calendar of mandatory declarations and renewals.
- Preparation of Section 8 declarations and the combined Section 8 and 9 renewal.
- Assignments, licences, change of owner in a restructuring.
EU trademark registration
EU trademark registration goes through EUIPO and gives one mark for all 27 EU member states. The application can be filed in parallel with the US one or through the Madrid System. Applicants from outside the European Economic Area must be represented by a professional representative in the EU in proceedings after filing; we work through professional representatives in the EU who are our partners.
Your US business around the brand
If you sell in the US through your own company, we handle company registration in the USA and decide who will own the mark: you personally, a Ukrainian company or a US company. Licences, taxes and reporting under the Ukrainian CFC (controlled foreign company) rules depend on this choice.
US trademark registration: timeline
Usually, in our experience, the search and USPTO filing take 1–2 weeks from signing the contract, and the whole US trademark registration usually takes about a year or longer. The timeline depends on the case, its details, the authorities and force majeure.
- Search and strategy — a few working days after you describe the brand and goods.
- Filing — once classes and wording are agreed; you receive the serial number right after filing.
- First examination — the USPTO target is about 5 months from filing to the examiner's first action.
- Office action — the response period is 3 months, with one paid extension of another 3 months; for Madrid System applications the period is 6 months with no extension.
- Publication — after approval the mark is published in the Official Gazette, and third parties have 30 days to oppose or request an extension of that period.
- Registration — for use-based applications the certificate is issued after publication without opposition; for intent-to-use applications a notice of allowance comes first, and a Statement of Use is required.
The USPTO target for total pendency is 11 months on average, excluding suspended applications and proceedings. This is the office's benchmark for examination; time for the search, responses to the examiner and any opposition is added to it.
Timelines grow longer in predictable cases: the examiner finds a similar mark in an earlier application and suspends examination, asks for clarification of the goods, or a third party files an opposition. For an intent-to-use application the time to registration depends on when you start selling in the US. We name these points at the start so that you can plan the brand launch with a margin.
US trademark registration cost
We calculate the cost of US trademark registration individually: it consists of our work, the partner attorney's work and USPTO government fees, which depend on the number of classes.
- Number of marks and Nice classes, word mark or logo.
- Filing basis: use, intent to use, foreign registration, Madrid System.
- Depth of the search: the USPTO register only, or the market and unregistered marks as well.
- Whether office actions arise and how many rounds of responses are needed.
- An opposition or dispute with the owner of a similar mark.
- Parallel EU trademark registration or filings in other countries.
- Urgency, for example before an Amazon launch or a trade show.
USPTO government fees are paid separately at the official rates, listed in the reference section below. Describe your brand, goods and sales countries in a few sentences, and we will estimate the work within a working day. If you need a detailed review of your brand protection strategy, a 30-minute consultation is available for 100 euros.
Why clients trust us with US trademark registration
Five reasons brand owners protect their marks in the US with us.
In business since 2012
We work in 50+ jurisdictions; we know the requirements of offices, registrars and banks from our own cases, including the 2025 USPTO changes.
We deal with offices and attorneys
Applications and responses are filed with the USPTO through licensed partner attorneys in the US. For you it is turnkey: we run the correspondence, and we need brand details and decisions from you.
We see the case through
If a USPTO or EUIPO examiner sends objections, we rework them with no extra charge for our work. The registration decision rests with the office, and we give an honest risk assessment before filing.
One team for brand and business
Trademark, US company, contracts, taxes and reporting, including Ukrainian CFC (controlled foreign company) reports, with no need to find separate contractors.
Contract and confidentiality
We work under a contract with confidentiality terms written into it. Details of a new brand stay between us until filing.
How we register a trademark in the US, step by step
To register a trademark in the US we go through six steps, and at each one you know what we need from you.
- Brand and goals. You describe the mark, goods and markets, and we propose a route: the US only, the US and the EU, or the Madrid System.
- Search and assessment. We check the USPTO register and the market and name the risks and options before filing.
- Classes and basis. We agree the Nice classes, the wording of goods and the filing basis, and collect specimens of use.
- USPTO filing. A partner attorney files the application, and you receive the serial number and filing date.
- Examination and responses. We track the status, respond to office actions and monitor publication and the opposition period.
- Registration and renewals. We obtain the certificate and set up a calendar of Section 8 declarations and renewals.
Documents for US trademark registration
To register a trademark in the US you need applicant details, an image of the mark and a list of goods; notarised documents and an apostille are usually not required for a USPTO application.
About the applicant
- For an individual: name, citizenship, residential address.
- For a company: full name, country and type of entity, address of its principal place of business.
- The USPTO requires the applicant's domicile address to be stated and kept up to date.
- Name of the signatory and their position in the company.
About the mark
- The word mark or a high-quality logo file; a colour description if colours matter.
- Translation and transliteration if the mark contains non-English words.
About goods and use
- List of goods and services you sell or plan to sell in the US.
- Date of first use of the mark anywhere and in commerce with the US, if sales have started.
- Specimens of use: photos of goods or packaging with the mark, screenshots of a store page where an order can be placed.
- Number and date of a foreign application or registration, if we claim priority or file on that basis.
What you receive
- Search report and risk assessment.
- Copy of the filed application with its serial number and filing date.
- Office action responses and USPTO notices with our explanations.
- Registration certificate.
- Calendar of declarations and renewals.
Reference: filing bases and USPTO rules for foreign applicants
A USPTO application is filed on one or more bases, and the basis determines what is needed before registration.
| Basis | When it fits | What is needed before registration |
|---|---|---|
| Section 1(a), use in commerce | Goods bearing the mark are already sold in the US or in commerce with the US | Date of first use and a specimen of use at filing |
| Section 1(b), intent to use | No US sales yet, the brand is preparing to launch | After the notice of allowance, a Statement of Use within 6 months or extensions |
| Section 44(d), foreign application priority | No more than 6 months have passed since the filing date in another country | Foreign registration, use or intent to use as a second basis |
| Section 44(e), foreign registration | The mark is already registered in the applicant's country | Copy of the foreign registration |
| Section 66(a), Madrid System | The US is designated in an international application through WIPO | Examination at the USPTO on general grounds |
- Representation. An applicant, registrant or party to a proceeding domiciled outside the US must be represented by a US-licensed attorney under rule 37 CFR 2.11(a), in force since 3 August 2019. The rule also covers Madrid System applications; office action responses in them are also filed by a US attorney.
- Statement of Use. Filed within 6 months after the notice of allowance; the deadline can be extended in 6-month steps, up to 36 months in total from the date of the notice of allowance.
- Maintaining the registration. The Section 8 declaration of use is due between the 5th and 6th year after registration; the Section 8 declaration and Section 9 renewal between the 9th and 10th year and every 10 years after that. Each deadline has a 6-month grace period with a surcharge, after which the registration is cancelled.
- Classification. Since 1 January 2026 the NCL 13-2026 edition of the Nice classification applies.
Reference: USPTO trademark fees
USPTO fees are government charges paid separately from our work. The new fee structure has applied since 18 January 2025; the former TEAS Plus and TEAS Standard options were replaced by one base application with surcharges. Amounts under the official USPTO fee schedule as of 27.09.2026, in US dollars per class:
| Action | Fee |
|---|---|
| Base application, electronic filing | 350 |
| Surcharge for insufficient information in the application | 100 |
| Surcharge for a free-form description of goods | 200 |
| Surcharge for each additional 1000 characters of description | 200 |
| Statement of Use | 150 |
| Extension of time for the Statement of Use | 125 |
| Section 8 declaration | 325 |
| Section 9 renewal | 325 |
| Grace period surcharge, Section 8 or Section 9 | 100 |
| Extension of time to respond to an office action, per application | 125 |
When the US is designated through the Madrid System, an individual fee is charged through WIPO; according to the USPTO, since 18 February 2025 it is the equivalent of 600 US dollars per class. We calculate the exact fees for your list of goods before filing.
Reference: common reasons for office actions and refusals in the US
Most USPTO examiner objections repeat from one application to the next, and many of them can be prevented at the preparation stage.
| Reason | What it means | How we reduce the risk |
|---|---|---|
| Likelihood of confusion | The register holds an earlier mark similar in sound, appearance or meaning for related goods | Search before filing; if there is a risk, we change the mark or narrow the goods |
| Descriptive mark | The word directly describes the product, its quality or purpose | We choose a more distinctive name or register a logo |
| Imprecise description of goods | The wording is too broad or unclear for the examiner | We use wording from the USPTO ID Manual |
| Unacceptable specimen | The photo or screenshot does not show the mark with the goods or a way to order | We check specimens before filing and in the response |
| Foreign-language words | The examiner requires a translation and assesses the meaning of the word in English | We provide the translation in the application from the start |
An office action response is a legal document with arguments and references to case law, so the US attorney prepares it together with us. We explain the substance of the objection to you in plain language and propose options: argue, amend the goods or change the mark.
After registration the mark is worth protecting actively: watch for similar applications from competitors, keep evidence of use of the mark in the US and file declarations on time. If the brand is used without permission on a marketplace or in dealings with distributors, we bring in legal support for international business: demand letters, licence agreements, negotiations.
Reference: international trademark registration — US, EU and the Madrid System
International trademark registration is possible in two ways: national applications in each country, or the WIPO Madrid System based on an application or registration in your home country. Ukraine has been party to the Madrid Protocol since 29 December 2000, the US since 2 November 2003.
| Criterion | Direct USPTO application | US designation through the Madrid System | EU trademark, EUIPO |
|---|---|---|---|
| Territory | US | US and other designated countries | 27 EU countries |
| Base | Not required | Application or registration in the country of origin | Not required |
| Representative | US attorney for foreign applicants | US attorney for USPTO responses | Professional representative in the EU for applicants outside the EEA after filing |
| Response period | 3 months plus one 3-month extension | 6 months, no extension | Set by EUIPO in the notice |
| Opposition | 30 days after publication | 30 days after publication | 3 months after publication |
| Term | 10 years with renewal, declarations of use | 10 years, renewal through WIPO | 10 years with renewal |
The Madrid System is convenient when you need several countries and the mark is already registered at home. A direct USPTO filing gives more freedom in wording the goods and does not depend on the fate of the base application. The EUIPO fee for an EU trademark filed electronically is 850 euros for one class, 50 euros for the second and 150 euros for the third and each further class, under Annex I to Regulation (EU) 2017/1001. We choose the route for your list of countries and goods; trademark registration in other countries abroad, for example trademark registration in Canada, is handled by the same team.
How to start
Describe your brand, goods and the countries where you sell or plan to sell. We reply within a working day, and on a free 10-minute call we tell you which US trademark registration route suits you.
Other services
Sources
USPTO — Trademark fee schedule; USPTO — Summary of 2025 trademark fee changes; eCFR — 37 CFR 2.11, Requirement for representation; Federal Register, 2019 — Requirement of U.S. licensed attorney for foreign trademark applicants and registrants; USPTO — Keeping your registration alive; USPTO — Trademarks dashboard, pendency targets; eCFR — 37 CFR 2.62 and 2.89, office action response and Statement of Use deadlines; WIPO Lex — Madrid Protocol contracting parties; Amazon — Brand Registry requirements; EUR-Lex — Regulation (EU) 2017/1001 on the EU trade mark, Articles 46, 52, 119 and Annex I. Checked: 27.09.2026.
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Frequently asked questions
How long does US trademark registration take?
Can a foreigner register a trademark in the US?
Can I register a trademark in the US before selling there?
Do I need a trademark for Amazon Brand Registry?
How much does US trademark registration cost?
What is an office action?
Do you guarantee registration?
Which is better: the Madrid System or a direct USPTO application?
Can EU trademark registration be done at the same time?
How long does a US trademark registration last?
Should the mark be registered to me or to my company?
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