The United States trademark system runs on 'use in commerce'. That single principle shapes almost every difference between a US trademark filing and one at the EUIPO — from the evidence you have to submit, to the ongoing maintenance obligations for the life of the registration. Here is what founders need to know to get it right.

Step 1 — Choose your filing basis

  • Section 1(a) — 'use in commerce': you are already selling under the mark in the US
  • Section 1(b) — 'intent to use': you plan to sell under the mark and will submit proof of use later
  • Section 44 — priority based on a home-country application within 6 months
  • Section 66 — Madrid Protocol designation into the US

Step 2 — Clearance search

Search the USPTO's TESS database, plus common-law uses (Google, state trademark registers, business name filings). US common-law rights can block a federal registration even without a prior filing, so the search has to go beyond the register.

Step 3 — File the application

File online through TEAS. As of 2025, the USPTO restructured its fees — the base filing fee is $350 per class, plus surcharges for insufficient identifications of goods/services or free-form text descriptions. Foreign applicants must be represented by a US-licensed attorney.

Step 4 — Examination and office actions

An examining attorney reviews the application, typically 5–8 months after filing given current backlogs. Common objections: likelihood of confusion with an existing mark, mere descriptiveness, or an unclear specification. You have 3 months (extendable) to respond.

Step 5 — Publication for opposition

If the examiner approves the mark, it is published in the Official Gazette for 30 days. Third parties can file an opposition (or an extension of time to oppose) during this window.

Step 6 — Registration (or Notice of Allowance)

For a use-based application, the mark registers about 2–3 months after publication. For an intent-to-use application, USPTO issues a Notice of Allowance; you then have 6 months (extendable up to 3 years) to file a Statement of Use with a specimen showing the mark in commerce.

Ongoing maintenance

  • Section 8 declaration of continued use — between years 5 and 6
  • Section 8 & 9 combined renewal — at year 10, and every 10 years thereafter
  • Failure to file these on time cancels the registration — no exceptions

How Sayadi Law can help

At Sayadi Law we specialise in intellectual property protection tailored to your industry. We register trademarks, patents and designs internationally, monitor for infringement, and draft the contracts that turn your IP into a durable business asset. Our fixed-fee packages give you predictable pricing and direct access to the lawyer handling your file — no billable-hour surprises.

If you'd like to discuss your IP strategy, send us a message via our contact form or email us at info@sayadilaw.com to schedule a consultation.