Trademark Registration in the USA: Procedure, Timeline and Cost

The United States is the world's largest consumer market and the main destination for Ukrainian companies selling on marketplaces. Its trademark system, though, works differently from the Ukrainian one: what matters is not only the filing date but the actual use of the sign in commerce. Here is how to register a trademark in the USA, how long it takes, and what most often causes a refusal.

What a US trademark registration gives you

Federal protection across all 50 states. Registration with the United States Patent and Trademark Office (USPTO) extends your rights nationwide, not just to the state where you operate.

The right to use ®. It may only be used lawfully once federal registration is complete. Before that a sign carries ™, which confirms no exclusive rights at all.

Access to Amazon Brand Registry and to the equivalent programmes on other platforms — without it, the tools protecting a seller from copies and hijackers are closed.

A record with US Customs and Border Protection, which allows counterfeit goods to be stopped at the border.

An asset on the balance sheet. A registered mark is an intangible asset, weighed when raising investment and when selling the business.

Two routes to a US trademark

A national application directly to the USPTO

The application is filed in English with the US office. For applicants who are not US-domiciled, the law requires representation by a licensed US attorney — filing on your own from Ukraine is not possible.

The advantage of this route is independence from any Ukrainian application and full control over the procedure. It is the route you need when you have no Ukrainian certificate yet but are already entering the US market.

Through the Madrid System

If the mark is already filed or registered in Ukraine, the USA can be designated as one of the countries in an international application through WIPO. That is cheaper when the USA is not your only destination, and simpler administratively: one application, one payment.

Two caveats. First, for 5 years the international registration depends on the Ukrainian base application — if that falls, protection in the USA falls with it. Second, the USA applies its use requirement here too, simply at a later stage. More on choosing between the routes on the international trademark registration page.

The use requirement — the key difference from Ukraine

In Ukraine a mark is registered "for the future": you do not have to be using it when you file. The USA is different — American law protects a sign that genuinely works in commerce.

An application is filed on one of two bases:

• Use in Commerce — the mark is already used in interstate or international trade. Specimens of use are filed with the application: photographs of packaging, labels, the product page on your site or marketplace.
• Intent to Use — an intention to use the mark. The application will be accepted, but the certificate is only issued once you file evidence of actual use in a separate statement.

This is where applicants from Ukraine most often stumble: the application is filed, examination is passed, and there is still no certificate, because the specimens of use were never submitted.

Procedure and timeline

Stage 1. Preliminary search. A check of the USPTO database for identical and similar signs in your NICE classes. Not formally mandatory, but it is what shows the risk of refusal before any fees are paid.

Stage 2. Filing. Through a US representative, stating the basis (use or intent) and the list of goods and services.

Stage 3. Examination. A USPTO examining attorney reviews the application — the first response usually comes in 4–8 months. Where there are objections, the office issues an Office Action with a deadline for reply.

Stage 4. Publication and registration. The mark is published in the Official Gazette and third parties have 30 days to oppose. With no opposition, the certificate is issued.

On a favourable path the whole procedure takes 8–14 months. An Office Action or an opposition extends it.

Amazon Brand Registry

For Amazon sellers, US registration is not a matter of image but the condition of access to the platform's tools. Brand Registry opens up:

• your own storefront and A+ enhanced content;
• protection of listings from hijackers and counterfeits;
• branded advertising and extended analytics;
• selling goods without UPC or EAN codes;
• control over which distributors may sell your product;
• access to Amazon Attribution and the Vine programme.

One practical detail matters: a freshly filed US application is enough to enrol in Brand Registry — you do not have to wait for the whole procedure to finish. If you need the fastest possible access and the USA is not yet a critical market, registering in the UK or the EU is sometimes quicker.

The brand requirements are the same either way: a registered or filed mark, a distinctive logo and a name that is not descriptive, with the seller being the owner of the mark or its authorised representative.

Why the USPTO refuses

• Likelihood of confusion with an earlier registered mark — the most common ground.
• Descriptive or generic character: a name that directly describes the product or one of its qualities will not be protected.
• A badly drafted list of goods and services. US requirements on wording are stricter than Ukrainian practice — a general description of a class will not be accepted.
• Missing or inadequate specimens of use. A screenshot that fails to show the link between the mark and a specific product does not count.

What it costs

The total is made up of the USPTO fee (charged per NICE class), the fee of the US representative that non-residents are required to have, and our own work. Filing through the Madrid System, the USA charges an individual fee — higher than the standard CHF 100 that applies to most member countries.

The exact figure is always costed against a specific application: it depends on the number of classes, the filing basis, and on whether a response to an Office Action turns out to be needed.

Conclusion

Registering a trademark in the USA is a longer and more formal procedure than the Ukrainian one, and its defining feature is the requirement to prove genuine use of the sign. If you sell on the US market or on Amazon, it is not worth postponing: American law, too, protects first of all whoever reached the market first and secured the rights.

We handle US trademark registration — from the preliminary search to the certificate, together with partner attorneys in the USA. Get in touch and we will cost it against your list of classes.