
USPTO Fee Schedule: What Foreign Brands Pay for a Trademark
Key takeaways
As of October 2026, the USPTO charges $350 per class for a Section 1 or 44 trademark application. Missing information adds $100 per class, and a free-form ID adds $200. Applicants domiciled outside the US or its territories need a US-licensed attorney.
What you pay the USPTO to file, to register and to keep a mark for ten years
Brand owners based outside the US often ask us:
"What does the US government charge to register our trademark?"
"We sell several product types. Does the fee go up with each one?"
"Can we file from home and skip the US attorney?"
The short answer: the USPTO base fee is $350 per class of goods or services, and it multiplies with every class you file in. Surcharges apply when the application is incomplete or uses custom descriptions. A company based outside the US must file through a US-licensed attorney. And registration is not the last payment: maintenance filings come due in year six and at the ten-year renewal.
This post walks through the current USPTO fee schedule for trademarks, stage by stage, with one worked example at the end.
1. The USPTO fee schedule starts at $350 per class
The agency changed its trademark fees on January 18, 2025 (USPTO summary of 2025 fee changes). Since then, there is a single electronic filing option, the base application.
- Base application fee for Section 1 and Section 44 filings: $350 per class (USPTO trademark fee information)
- A class is a category of goods or services. A brand that files for cosmetics and for bags files in two classes and pays a $700 base fee.
- The agency accepts US dollars only. A refused or charged-back payment costs a $50 processing fee, which is not charged per class (fee information).
The filing basis matters for later costs. Section 1(a) covers a mark already in use in US commerce. Section 1(b) is an intent-to-use filing for a mark you plan to use. Section 44 rests on an application or registration from your home country.
Count your classes first. The USPTO fee schedule prices trademarks per class, not per mark.
2. Surcharges come from how you write the application
The $350 figure assumes the application meets the requirements. The fee page lists three surcharges, each charged per class:
- Insufficient information: $100 per class
- A free-form description typed in the text box instead of an entry from the Trademark ID Manual: $200 per class
- Each additional 1,000 characters in that free-form text beyond the first 1,000: $200 per affected class
The ID Manual is the agency's list of pre-approved descriptions of goods and services. Writing your own description can feel more precise, but it adds $200 to every class where you do it.
The insufficient-information fee applies to all active classes in the application, even if classes are later deleted or added (additional fees page). Deleting a class later does not undo it.
The way to avoid surcharges is not a discount. It is a complete application that uses ID Manual wording.
3. Intent-to-use filings pay again before registration
Brands that do not yet sell in the US can file under Section 1(b). Before the mark registers, you prove actual use, and that filing has its own fees (fee information):
- Statement of Use or Amendment to Allege Use: $150 per class
- Request for an extension of time to file a Statement of Use: $125 per class
The trademarks dashboard estimates registration at about 4 months after the Statement of Use is filed. If your US launch slips, each extension adds $125 per class.
For a Section 1(b) filing, plan the trademark budget around your US launch date.
4. Maintenance fees after registration
A registered mark needs more filings to stay alive. Per the fee page, you file your first declaration of use in the sixth year after registration, then further documents at regular intervals.
- Section 8 declaration of use: $325 per class, plus $100 per class if filed in the grace period
- Section 15 declaration of incontestability: $250 per class, or $575 per class combined with Section 8
- Ten-year renewal (Section 8 and Section 9 combined): $650 per class
Budget a US trademark over ten years, not as a one-time filing fee.
5. Comparing the filing routes
A Madrid filing is an international application through WIPO that designates the US. The USPTO calls it a Section 66(a) application. The fee structure differs by route.
| Filing route | USPTO filing fee | Surcharges | Note | Source |
|---|---|---|---|---|
| Section 1(a), use-based | $350 per class | $100 or $200 per class, if they apply | Mark already in use in the US | fee information |
| Section 1(b), intent-to-use | $350 per class | $100 or $200 per class, if they apply | Statement of Use $150 per class; extension $125 per class | fee information |
| Section 44, home-country basis | $350 per class | $100 or $200 per class, if they apply | Based on a home-country filing or registration | fee information |
| Section 66(a), Madrid | $600 flat per class | None | US designated through WIPO | USPTO Exam Guide 1-25 |
The USPTO lists a $600 per-class fee for Section 66(a) applications (Exam Guide 1-25). WIPO's US designation fee is 460 Swiss francs per class from April 12, 2026 (WIPO notice 21/2026). Do not add those figures together. WIPO's basic international application fee is separate.
Section 66(a) has no USPTO application surcharges. WIPO's basic fee is separate.
6. Who needs a US-licensed attorney?
An applicant whose domicile is outside the US or its territories must be represented by a US-licensed attorney (TMEP 600, quoting 37 CFR 2.11(a)). For a company, domicile means the principal place of business. A brand headquartered abroad cannot file with the USPTO on its own.
Attorney fees are separate from government fees, and they vary by firm. When you compare quotes, check three things: whether government fees are included, how many classes the quote covers, and whether responding to an office action costs extra.
If you are still deciding how to structure your US business, our LLC post covers whether a foreign company needs a US entity to sell on Amazon.
Before you compare government fees, settle who files for you and what their quote covers.
7. Registration takes 10.4 months on average
The USPTO processing wait times, with data as of October 1, 2026, show these averages:
- First examining action: 4.3 months
- Filing to registration or abandonment: 10.4 months
These are averages across all applications. A single application can take longer, especially with an office action or an opposition. Filing also does not guarantee registration (fee information).
What comes after the filing on Amazon is in our Amazon Brand Registry post.
Start the trademark when you plan the US launch, not the month before it.
8. Worked example: one class, intent-to-use, ten years of USPTO fees
For example, take a skincare brand filing in one class under Section 1(b), with a complete application that uses ID Manual wording. Leaving out attorney fees, the government fees are (fee information):
- Base application fee: $350
- Statement of Use: $150
- Section 8 declaration in the sixth year after registration: $325
- Ten-year renewal (Section 8 and 9 combined): $650
That comes to $1,475 in government fees. One extension of the Statement of Use deadline adds $125. A free-form description adds $200 at filing. Two classes double every line.
Four checks before you file
1. How many classes do you need, and can each description use ID Manual wording?
2. Are you already selling in the US, or will you file under Section 1(b) and time the Statement of Use to your launch?
3. Have you chosen between a direct filing and the Madrid route?
4. Does the attorney's quote say whether it includes government fees and office action responses?
Wrap-up
The USPTO base fee is $350 per class. What you pay in practice depends on the number of classes, how you describe your goods, the filing route and the maintenance filings after registration.
LinkONE supports Korean brands with Amazon US store setup, from seller account registration and listing optimization to inventory management and Amazon Ads.
Calculate fees by class and include maintenance over ten years.
Frequently Asked Questions
What is the USPTO trademark fee per class?
The base application fee for a Section 1 or Section 44 filing is $350 per class (fee information). Missing information adds $100 per class, and a free-form description adds $200 per class. Attorney fees are separate.
Does a foreign company need a US attorney to file a trademark?
An applicant domiciled outside the US or its territories needs a US-licensed attorney (TMEP 600). For a company, domicile is the principal place of business.
What does a Madrid designation of the US cost?
WIPO's US designation fee is 460 Swiss francs per class (WIPO notice 21/2026). Its basic international application fee is separate.
How long does USPTO trademark registration take?
As of October 1, 2026, the first examining action takes 4.3 months on average, and filing to registration or abandonment takes 10.4 months (processing wait times). An office action or opposition makes it longer.
What maintenance fees apply after registration?
A Section 8 declaration in the sixth year after registration costs $325 per class, and the ten-year renewal (Section 8 and 9 combined) costs $650 per class (fee information). Filing Section 15 together with Section 8 costs $575 per class.
Sources
- USPTO, Trademark fee information
- USPTO, Additional fees for trademark applications
- USPTO, Trademark processing wait times
- WIPO, Madrid System Information Notice No. 21/2026
Fees and rules in this post are as of October 2026.
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