Business & law · September 2, 2025

Trademarks in the USA: when to register and what it costs

Once your brand starts selling in the USA, a trademark is cheap insurance. If someone else registers it first, winning it back is expensive.

The US logic is different

In Europe, registration grants the rights; in the USA, actual use also counts, but in a dispute the winner is almost always the party holding a federal registration with the USPTO. If your product gains market recognition without a registration, you are systematically tempting fate.

The worst-case scenario is familiar to many: a distributor or competitor registers your name themselves and later sells it back to you.

The process and the cost

A USPTO application carries a government filing fee of a few hundred dollars per class, and with an attorney it usually comes to between 1,000 and 2,000 dollars. A foreign applicant must use a US-licensed attorney; this is mandatory. The proceeding takes 8 to 14 months, but protection is counted from the moment the application is filed.

If you hold an EU trademark, you can expand more cheaply and easily through the Madrid System.

Could your product sell in the USA?The first consultation is free: we show the real import numbers for your category and a few sample buyers.

When is the right moment

A private-label manufacturer is in no hurry: your name does not travel with the goods. A seller with their own brand should act when the first US deals are tangible, not still just a dream. Register before the big marketing push, not after.

Let's talk about your export plan

The first consultation is free: together we'll see who in the US already buys your product and how to reach them.