How much does it cost to register a trade mark in the US?

Filing a trade mark in the United States costs from US$250 per class if you file directly with the USPTO using the TEAS Plus application. If you file via the Madrid Protocol from Australia, costs start from around AUD 4,900 for a single-class application including WIPO fees and professional fees.

This article breaks down the government fees, explains what drives the total cost, and compares direct filing with the Madrid Protocol route.

Need a cost estimate? Use our international filing fee calculator for a personalised quote, or contact us to discuss your US filing strategy.

Quick cost summary

Filing method	First class	Each additional class
USPTO direct — TEAS Plus	US$250	US$250
USPTO direct — TEAS Standard	US$350	US$350
Madrid Protocol (WIPO fees only)	653 CHF base + 530 CHF (US designation)	530 CHF
Madrid Protocol via Markster	From ~AUD 4,900 total	Additional class fees apply

All fees are approximate and subject to exchange rate fluctuations. Check the USPTO fee schedule and WIPO Madrid fee calculator for the latest rates.

What affects the cost?

Number of classes

The USPTO charges fees per class of goods or services. Most small businesses need one or two classes, but the more classes you file in, the higher the total cost. The US uses the Nice Classification system (45 classes), the same system used in Australia.

Application type (TEAS Plus vs TEAS Standard)

The USPTO offers two electronic filing options:

• TEAS Plus (US$250/class) — you must select goods and services descriptions from the USPTO's pre-approved Trademark ID Manual. This is the cheapest option and is suitable for most applications.
• TEAS Standard (US$350/class) — you can write your own goods and services descriptions. This gives more flexibility but costs US$100 more per class.

TEAS Plus is the better option for most filers. You only need TEAS Standard if the pre-approved descriptions don't adequately cover your goods or services.

Attorney fees

If you file directly with the USPTO (rather than via Madrid), foreign applicants must appoint a US-licensed attorney. Attorney fees for a straightforward single-class application typically range from US$500 to US$2,000, depending on the firm and scope of service. This is in addition to the government filing fees.

Post-filing costs

If the USPTO issues an office action (the US equivalent of an examination report), responding to it may require additional attorney time. Opposition proceedings, if they arise, involve separate legal costs.

Direct filing vs Madrid Protocol

There are two main ways to file a US trade mark from Australia: filing directly with the USPTO, or designating the US through a Madrid Protocol application filed via IP Australia.

Filing directly with the USPTO

Item	Cost
USPTO filing fee (TEAS Plus)	US$250 per class
US attorney (required for foreign filers)	US$500–2,000+
Estimated total (one class)	US$750–2,250+

Pros:

• The registration is a standalone US trade mark, independent of your Australian registration
• You deal directly with the USPTO
• Potentially cheaper if you only need US protection

Cons:

• Foreign applicants must appoint a US-licensed attorney
• You must manage the application and renewal separately from any other international filings
• Filing in the US alone doesn't help if you later want protection in other countries

Filing via the Madrid Protocol

Item	Cost
WIPO base fee	653 CHF (~AUD 1,050)
US designation fee	530 CHF (~AUD 850)
Professional service fee	From AUD 2,750 (covers up to 3 countries)
Estimated total (one class)	From ~AUD 4,900

Pros:

• Single application can cover the US and other countries simultaneously
• No need to appoint a US attorney at the filing stage (though one may be required if the USPTO issues an office action)
• Centralised management of your international portfolio
• Adding countries later is straightforward

Cons:

• The international registration depends on your base Australian registration for the first five years (known as "central attack" risk)
• If the US office issues an office action, you will still need to appoint a US attorney to respond
• WIPO base fee makes it less cost-effective if you're only filing in one country

For a detailed comparison, see our article on the pros and cons of filing directly vs using WIPO.

Local attorney requirements

If you file directly with the USPTO, all applicants domiciled outside the United States must be represented by a US-licensed attorney. This is a mandatory requirement, not optional.

If you file via the Madrid Protocol, you do not need a US attorney at the filing stage. However, if the USPTO issues an office action against your designation, you will need to engage a US attorney to respond.

Renewal fees and maintenance obligations

US trade mark registrations last for 10 years and can be renewed indefinitely. However, the US has stricter maintenance requirements than most countries:

Requirement	When	Fee
Declaration of Use (Section 8)	Between years 5 and 6 after registration	US$225 per class
Application for Renewal (Section 9)	Every 10 years	US$300 per class
Declaration of Use (Section 8) at renewal	Filed with Section 9	US$225 per class

If you do not file a Declaration of Use between years 5 and 6, your registration will be cancelled. This requirement catches many foreign trade mark owners off guard. You must provide specimens showing how the mark is actually used in US commerce for the goods or services listed in the registration.

For goods, acceptable specimens include product packaging, labels, or tags. For services, acceptable specimens include advertising materials, website screenshots, or brochures showing the mark used in connection with the services.

Example cost scenarios

Scenario	Approx. cost
One class, direct filing (TEAS Plus + US attorney)	US$750–2,250
One class, Madrid Protocol via Markster	From ~AUD 4,900
Two classes, direct filing (TEAS Plus + US attorney)	US$1,000–2,500
US + UK + EU via Madrid (one class each)	From ~AUD 6,600

These are estimates. Use our international filing fee calculator for a tailored quote.

Frequently asked questions

How much does it cost to trade mark a name in the US?

The government fee to file a word mark application is US$250 per class (TEAS Plus) or US$350 per class (TEAS Standard). Foreign applicants must also pay for a US-licensed attorney, which typically adds US$500 to US$2,000. Filing via the Madrid Protocol from Australia starts from around AUD 4,900 for one class.

Do I need a US attorney to file a trade mark?

Yes, if you file directly with the USPTO and you are not domiciled in the United States, you must appoint a US-licensed attorney. If you file via the Madrid Protocol, a US attorney is not required at the filing stage but may be needed later if the USPTO raises an office action.

How long does US trade mark registration take?

The USPTO typically takes 10 to 14 months to process an application from filing to registration, assuming no significant issues arise. Office actions or oppositions can extend this timeline.

What is the difference between TEAS Plus and TEAS Standard?

TEAS Plus costs US$250 per class and requires you to select goods and services descriptions from the USPTO's pre-approved list. TEAS Standard costs US$350 per class and allows custom descriptions. TEAS Plus is suitable for most applications.

Do I need to use my trade mark in the US to keep it registered?

Yes. The US requires proof of use between years 5 and 6 after registration, and again at each 10-year renewal. If you cannot show genuine use in US commerce, your registration will be cancelled. This applies regardless of whether you filed directly or via the Madrid Protocol.

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For a step-by-step guide to registering a trade mark in the US, see our US trade mark registration guide. For an overview of international filing options, see how to file an international trade mark.

Ready to protect your brand in the US? Get a fee estimate or contact us to discuss your options.

Please note, the information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to you and your circumstances.