How to register a trademark in the United States with the USPTO

    Trademark registration in the United States is handled by the USPTO (United States Patent and Trademark Office). There is one requirement that surprises most Latin American applicants: since 3 August 2019, every applicant domiciled outside the United States is legally required to be represented by a U.S.-licensed attorney (37 CFR § 2.11). It is not a recommendation or a convenience: without qualified representation, the application does not move forward. Registration is valid for 10 years and renewable, but it requires a maintenance schedule that starts with a declaration of use between the 5th and 6th year.

    Trademark registration in United States — procedure at a glance
    Competent officeUSPTO — United States Patent and Trademark Office
    Local agent or attorney required?Yes, mandatory for applicants domiciled abroad (37 CFR § 2.11, in force since 3 August 2019)
    Filing basisSection 1 (use in commerce or intent to use) or Section 44 (registration or application in the country of origin)
    Time to first examination4 to 8 months from filing
    Estimated total time10 to 18 months without oppositions or complex office actions
    Term of registration10 years, renewable indefinitely
    Mandatory upkeepDeclaration of use (Section 8) between the 5th and 6th year. Failing to file it cancels the registration
    Base official feeUSD 350 per class, electronic application (fee schedule in force since 18 January 2025)
    Trademark Registration in the United States

    Protect Your Brand in the United States

    Trademark registration grants exclusive rights of use throughout the territory of the United States, safeguards your commercial identity and blocks imitations or attempts to copy. Our law firm takes care of every stage of the process so you can focus on growing your business.

    What we do for you:

    • Prior search for similar existing trademarks
    • Technical study and classification under the Nice Classification
    • Filing of the application
    • Handling of oppositions or office actions
    • Full follow-up until official registration
    Intellectual Property Specialists in the United States

    Our Trademark Registration Service in the United States Includes

    Search for registry records to avoid rejections.

    Review and definition of the class according to products or services.

    Technical preparation of the file and presentation

    Answering oppositions, observations or objections.

    Advantages of Registering Your Trademark in the United States

    Legal protection against copying or misuse.

    Exclusive right of use in the United States

    Increased business value for your company or product.

    Possibility to license, franchise or sell your brand.

    Legal certainty to grow in new markets.

    Legal support from a firm with more than 80 years of experience.

    Frequently Asked Questions About Trademark Registration in the United States

    How long does it take to register a trademark in the United States?

    The process can take between 10 and 14 months, depending on objections or external opposition.

    Can I register my trademark in the United States if I am already using it commercially?

    Yes. It is even advisable to do so as soon as possible to protect it legally and avoid future conflicts.

    What if there is a brand similar to mine?

    We carry out a preliminary search to assess risks and advise you on modifications or alternative strategies.

    Do I have to submit specific documents?

    Yes, information about the owner, logo if applicable and the class of products/services is required. We prepare the entire file.

    What happens if I don't register my trademark in the United States?

    Any third party could use it or even register it before, generating legal conflicts, loss of identity and commercial risk.

    How much does it cost to register a trademark in the United States?

    The cost depends on the number of classes and on whether the mark includes a design or figurative element. We send you a detailed quote after the initial analysis. You can also read our guide on how much it costs to register a trademark in the United States (in Spanish).

    In which countries do you provide trademark registration service?

    Trademark Registration in Trinidad and Tobago
    Trademark Registration in the Bahamas
    Trademark Registration in Barbados
    Trademark Registration in Haiti
    Trademark Registration in Antigua and Barbuda
    Trademark Registration in Saint Lucia
    Trademark Registration in Grenada
    Trademark Registration in Saint Kitts and Nevis
    Trademark Registration in Dominica
    Trademark Registration in Saint Vincent and the Grenadines
    Trademark Registration in Argentina
    Trademark Registration in Brazil
    Trademark Registration in Paraguay
    Trademark Registration in Chile
    Trademark Registration in Bolivia
    Trademark Registration in Peru
    Trademark Registration in Ecuador
    Trademark Registration in Colombia
    Trademark Registration in Venezuela
    Trademark Registration in Guyana
    Trademark Registration in Suriname
    Trademark Registration in Spain
    Trademark Registration in Portugal
    Trademark Registration in France
    Trademark Registration in Germany
    Trademark Registration in Italy
    Trademark Registration in Belgium
    Trademark Registration in the Netherlands
    Trademark Registration in Luxembourg
    Trademark Registration in Ireland
    Trademark Registration in Denmark
    Trademark Registration in Sweden
    Trademark Registration in Finland
    Trademark Registration in Austria
    Trademark Registration in Poland
    Trademark Registration in the Czech Republic
    Trademark Registration in Slovakia
    Trademark Registration in Hungary
    Trademark Registration in Romania
    Trademark Registration in Bulgaria
    Trademark Registration in Croatia
    Trademark Registration in Slovenia
    Trademark Registration in Greece
    Trademark Registration in Malta
    Trademark Registration in Cyprus
    Trademark Registration in Estonia
    Trademark Registration in Latvia
    Trademark Registration in Lithuania
    Trademark Registration in the United Kingdom
    Trademark Registration in Switzerland
    Trademark Registration in Norway
    Trademark Registration in Iceland
    Trademark Registration in Liechtenstein
    Trademark Registration in Ukraine
    Trademark Registration in Serbia
    Trademark Registration in Bosnia and Herzegovina
    Trademark Registration in Albania
    Trademark Registration in North Macedonia
    Trademark Registration in Moldova
    Trademark Registration in Montenegro
    Trademark Registration in Morocco
    Trademark Registration in China
    Trademark Registration in Japan
    Trademark Registration in South Korea
    Trademark Registration in Taiwan
    Trademark Registration in Mongolia
    Trademark Registration in India
    Trademark Registration in Pakistan
    Trademark Registration in Bangladesh
    Trademark Registration in Sri Lanka
    Trademark Registration in Nepal
    Trademark Registration in Bhutan
    Trademark Registration in the Maldives
    Trademark Registration in Indonesia
    Trademark Registration in the Philippines
    Trademark Registration in Malaysia
    Trademark Registration in Singapore
    Trademark Registration in Thailand
    Trademark Registration in Vietnam
    Trademark Registration in Cambodia
    Trademark Registration in Laos
    Trademark Registration in Myanmar
    Trademark Registration in Brunei
    Trademark Registration in the United Arab Emirates
    Trademark Registration in Saudi Arabia
    Trademark Registration in Qatar
    Trademark Registration in Kuwait
    Trademark Registration in Oman
    Trademark Registration in Bahrain
    Trademark Registration in Israel
    Trademark Registration in Jordan
    Trademark Registration in Lebanon
    Trademark Registration in Turkey
    Trademark Registration in Iran
    Trademark Registration in Iraq
    Trademark Registration in Russia
    Trademark Registration in Australia
    Trademark Registration in New Zealand
    Trademark Registration in the Pacific Islands
    Trademark Registration in Papua New Guinea
    Trademark Registration in Fiji
    Trademark Registration in Samoa
    Trademark Registration in Tonga
    Trademark Registration in Vanuatu
    Trademark Registration in Kiribati
    Trademark Registration in Micronesia
    Trademark Registration in the Marshall Islands
    Trademark Registration in the Solomon Islands
    Trademark Registration in Tuvalu

    Is a trademark what you need to protect in the United States?

    A trademark protects the name and sign that identify your business, but it does not cover the shape of the product, the invention behind it or the creative work. In the United States there is a difference that surprises people coming from Latin America: what we call an industrial design is protected there as a patent, and copyright is not even handled by the USPTO. And the same requirement applies to every right: an applicant domiciled abroad needs a U.S.-licensed attorney.

    Industrial design

    Protects the external appearance of a product. In the United States it does not exist as a separate registration: it is filed with the USPTO as a “design patent”, under the same body of law as patents for inventions.

    Example: the silhouette of a bottle or the design of a package.

    Term: 15 years from grant, with no maintenance fees.

    Register an industrial design in the United States

    Patent of invention

    A “utility patent” protects an invention with novelty and industrial application. Fees are tiered: large entity, small entity and micro entity, with discounts of up to 80 %.

    Example: a locking system or a manufacturing method.

    Term: 20 years from filing, with maintenance fees.

    Register a patent in the United States

    Copyright

    Protects works: texts, music, software, photographs or audiovisual works. It is not registered with the USPTO but with the U.S. Copyright Office, a separate agency with its own fees.

    Example: the code of an app or an illustrated catalog.

    Term: The author's lifetime plus 70 years.

    Register copyright in the United States

    Is your trademark already registered in the United States? Unlike most countries, there is no single renewal procedure: there is a maintenance schedule that starts with the Section 8 Declaration of Use, between the 5th and 6th year from registration. Missing any of those steps cancels the registration, even if the 10 years have not yet passed.

    Renew a registered trademark in the United States

    Who We Are

    From Uruguay, to the world

    Since 1930, at Dubourg we’ve been helping companies and entrepreneurs protect what sets them apart most: their brand. We work from Montevideo with clients around the world, supporting them at every stage of their growth—from the initial registration to entering new markets.

    One firm, many countries

    It all starts with registering your trademark where your business currently operates. When the time comes to expand, our network of international correspondents extends that protection to other countries—all through a single, coordinated process managed from here and at the best possible rates. Those same colleagues entrust us with their trademark filings in Uruguay, a relationship built on trust over decades.

    Clarity from Day One

    Uruguay is known for its stability and clear rules, and that’s how we work, too: transparent quotes, with no hidden costs or surprises.

    Security Before Every Step

    Before moving forward, we search intellectual property databases worldwide to verify that your trademark is available. That way, you make informed decisions—not ones based on uncertainty.

    World map showing connections from Uruguay to the Americas and Europe for international trademark registration

    What Our Clients Say

    Entrepreneurs and innovators in search of legal protection for their creations.

    Are you in need of help?

    Don’t risk your valuable work without legal protection. Contact me today for a personalized consultation. Together, we will ensure that your intellectual property is properly registered and protected, giving you peace of mind and allowing you to enjoy the fruits of your creativity.

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