# US Trademark Registration (USPTO) Guide

> US trademark registration for Turkish businesses: USPTO filing bases, the USD 350 per-class fee, the US attorney rule, declarations of use and Madrid vs direct.

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- Last updated: 2026-10-11
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US trademark registration is obtained by filing an application with the USPTO (United States Patent and Trademark Office) to protect a mark at the federal level in the United States. **Since August 3, 2019, applicants domiciled outside the US must be represented by an attorney licensed to practice law in the US**; as of 2026, the base application fee is USD 350 per class.

Below you will find the use principle that sets the US system apart from Turkey's, the five filing bases, 2026 fees and surcharges, the attorney requirement, how to draft goods and services descriptions, a comparison of Madrid and direct filing, and the declarations that keep a registration alive.

## How Does the US Trademark System Differ From Turkey's?

The key difference is the weight given to use. In Turkey, under Article 7(1) of Industrial Property Law No. 6769 (SMK), trademark protection is obtained through registration, and the use requirement only comes into play after registration. In the US, use sits at the center of the system: a mark that is used, or intended to be used, in the US can be registered, and the registration is kept alive by declarations of use filed at set intervals.

Use in commerce means, for goods, that the mark is placed on the goods, their packaging or point-of-sale displays, including webpage displays, and that the goods are actually sold or transported in commerce. For services, the mark must be used in selling, advertising or rendering the services, and the services must actually be rendered. The USPTO asks for evidence of that use in the form of a specimen, separately for each class.

The second difference concerns searching. Because rights based on earlier use also matter in the US, checking only the USPTO database is not enough; we explain the tools and their limits in our guide to [international trademark search](https://www.webx.net.tr/en/blog/international-trademark-search-databases). It is also worth remembering that a Turkish registration gives no automatic protection in the US: trademark rights are territorial, and a federal registration in the US can only be obtained from the USPTO.

## What Filing Bases Can a US Application Rely On?

Every USPTO application relies on at least one of five bases: actual use in commerce, intent to use, priority based on a foreign application, a foreign registration, or designation of the US through Madrid. The basis determines what you must prove, and when, in order to register:

| Basis | What it means | Proof of use before registration |
| --- | --- | --- |
| Section 1(a): use in commerce | The mark is already in use in US commerce on the filing date | With the application: dates of first use and one specimen per class |
| Section 1(b): intent to use | The mark is not yet in use, but there is a bona fide intention to use it | A declaration of use and one specimen per class before registration |
| Section 44(d): priority based on a foreign application | A priority claim within six months of the Turkish application | Not a basis for registration on its own; 1(a), 1(b) or 44(e) is also required |
| Section 44(e): based on a foreign registration | Relies on the registration in the country of origin, that is, Turkey; an intention to use is declared | Not required |
| Section 66(a): Madrid | The US is designated in an international application filed through Turkey; the intention to use is declared in the international registration | Not required; the basis cannot be changed later |

The bases marked "not required" do not remove the use obligation; these files, too, require declarations of use in specific years after registration.

### The process for an intent-to-use (1(b)) application

The intent-to-use basis is the natural starting point for a Turkish company that is not yet selling in the US. If use begins before the mark is approved for publication, an Amendment to Allege Use can be filed. Otherwise, once the mark is allowed for registration, the USPTO issues a Notice of Allowance, and the Statement of Use must be filed within six months of that notice. The deadline can be extended with up to five paid extension requests, to a maximum of 36 months from the date of the notice. The Statement of Use requires one specimen per class and a separate fee.

### Priority based on a Turkish application: 44(d)

If you file in the US within six months of your first Turkish application, you can claim priority under Section 44(d) and benefit from your Turkish filing date. According to the USPTO, however, 44(d) only provides a priority date; for the application to proceed to publication and registration, a 1(a) or 1(b) basis, or 44(e) once the Turkish registration issues, must also be shown. We have gathered the general conditions of the priority right in our article on the [priority right in trademark registration](https://www.webx.net.tr/en/blog/priority-right-in-trademark-registration); for applications filed in Turkey, the same six-month rule appears in Article 12 SMK.

## How Much Does US Trademark Registration Cost in 2026?

Since January 18, 2025, the USPTO has applied a single base application instead of the former TEAS Plus and TEAS Standard split: the base fee is USD 350 per class. Depending on how the application is prepared, per-class surcharges are added:

- An application filed with insufficient information: USD 100 per class
- Describing goods and services in free-form text instead of selecting them from the Trademark ID Manual: USD 200 per affected class
- Each additional 1,000 characters of free-form text beyond the first 1,000: USD 200 per class

For example, a complete two-class application with descriptions selected from the ready-made list costs USD 700 in official fees; if one of the classes is written in free-form text, the total becomes USD 900. In intent-to-use applications, the declaration of use and extension requests carry separate fees; the fees for maintenance filings are also separate, and current amounts should be checked on the USPTO's fee page. Official fees do not include the service fees of the US attorney or the Turkish trademark attorney.

The cost of the Madrid route is structured differently: under the 2026 fee schedule of TÜRKPATENT (Turkish Patent and Trademark Office), forwarding the international application to WIPO costs TRY 3,850 (item 02.01.19), while WIPO's basic fee and the fee for designating the US are paid in Swiss francs and calculated with WIPO's fee calculator.

## Do Foreign Applicants Need a US Attorney?

Yes. Under 37 C.F.R. § 2.11(a), applicants and registrants domiciled outside the US have had to be represented before the USPTO by an attorney licensed in the US since August 3, 2019. Companies established in Turkey and people living in Turkey are subject to this rule; a Turkish trademark attorney does not replace the US attorney.

When the requirement kicks in depends on the route. In a direct USPTO filing, the attorney is on the file from the application onward. When the US is designated through Madrid (66(a)), no US attorney is needed at first, since the application goes through TÜRKPATENT and WIPO; the requirement begins with the USPTO's first refusal or office action. An office action is an official letter from the USPTO examining attorney that sets out deficiencies or grounds for refusal in the application and calls for a response; it should not be confused with an "opposition" in the Turkish sense. The general workings of refusals in Madrid files are covered in our guide on [responding to a Madrid provisional refusal](https://www.webx.net.tr/en/blog/responding-to-a-madrid-provisional-refusal).

## How Should Goods and Services Be Described in the US?

In the US, goods and services are expected to be described more narrowly and concretely than the general wording of the Nice class headings. The USPTO's ready-made description list, the Trademark ID Manual, shows accepted wording together with its classes; selecting from it both avoids the free-form surcharge and lowers the risk of an office action about the descriptions.

That is why translating your Turkish list word for word is not a good method. If broad wording accepted in Turkey is not considered definite enough in the US, the USPTO may issue an office action asking for clarification or narrowing. The sounder approach is to build a list that names the products you actually sell, or plan to sell, in the US. As an example, a fictional coffee brand called "Kahvora" should prepare a list that names, one by one, the products it will sell in the US, such as roasted coffee and coffee capsules, instead of copying the whole class heading.

A narrow list also makes the declaration of use easier: use must be shown for every item in the registration. We explain the general method for building a list in our guide on [how to draft a goods and services list](https://www.webx.net.tr/en/blog/drafting-the-goods-and-services-list).

## Should You File Through Madrid or Directly With the USPTO?

If you are targeting only the US, or use in the US has already begun, a direct USPTO filing stands out; if you are targeting other Madrid member markets alongside the US and your Turkish mark is solid, designating the US through Madrid comes to the fore. The differences can be summarized as follows:

| Criterion | Direct USPTO filing | Designating the US through Madrid (66(a)) |
| --- | --- | --- |
| Prior Turkish filing required | No; a Turkish registration is needed only if 44(e) is chosen | Yes; the Turkish application or registration is the basic mark |
| US attorney | Mandatory from the application onward | Becomes mandatory with the first refusal or office action |
| Official fees | USD 350 per class to the USPTO, plus any surcharges | TRY 3,850 to TÜRKPATENT, Swiss francs to WIPO |
| Basis | 1(a), 1(b), 44(d), 44(e); can be changed where the conditions are met | 66(a) only; cannot be changed |
| Dependence on the Turkish mark | None | Yes for the first 5 years |
| Post-registration declarations and renewal | Sections 8 and 9, filed with the USPTO | Section 71 declaration with the USPTO, renewal with WIPO |

Madrid's biggest constraint for the US is the five-year dependency: if the Turkish basic mark falls during that period, US protection falls too. A direct filing, by contrast, is not affected by an opposition against the Turkish file. We explain how Madrid works in general in our guide to [international trademark registration and the Madrid Protocol](https://www.webx.net.tr/en/blog/international-trademark-registration-madrid-protocol), and we make the same comparison for the EU side in our [EU trade mark (EUTM)](https://www.webx.net.tr/en/blog/european-union-trademark-eutm-guide) guide.

## How Is a US Registration Kept Alive?

In the US, a registration stays alive through declarations of use filed in specific years; if they are not filed, the registration is canceled. For registrations obtained directly from the USPTO, the calendar runs as follows from the registration date:

1. **Between the 5th and 6th years:** A Section 8 declaration of use (or excusable nonuse) is filed; if it is not, the registration is canceled.
2. **Between the 9th and 10th years:** A Section 8 declaration and a Section 9 renewal application are filed together.
3. **Every 10 years thereafter:** Sections 8 and 9 are filed together again.
4. **Grace period:** Each deadline is followed by a six-month grace period, for an additional fee; if the grace period is also missed, the registration is canceled or deemed expired.

A Section 8 declaration is a statement showing that the mark is in use in commerce for the goods and services in the registration, or explaining an excuse for nonuse. The current amount of the renewal fee should be checked on the USPTO's fee page before filing.

### Declarations for US protection obtained through Madrid

For US protection obtained through Madrid, the declaration of use is filed under Section 71: it is submitted to the USPTO between the 5th and 6th years and between the 9th and 10th years after registration. Renewal, however, cannot be done through the USPTO; it is done with WIPO, by renewing the international registration. A Madrid file therefore runs on two separate calendars, and both must be tracked.

## When Can the ® Symbol Be Used in the US?

According to the USPTO, the ® symbol may be used only after the mark is registered with the USPTO, and only for the goods and services listed in the registration. While an application is pending, you can use TM for goods and SM for services; you do not even need to have filed an application to use those symbols. We cover the correct use of these symbols in Turkey and abroad in our article on [using the ® and ™ symbols](https://www.webx.net.tr/en/blog/r-and-tm-symbols-correct-usage).

For brands that will sell through marketplaces in the US, a registration or application record matters as well; you will find the conditions of Amazon's brand program in our article on [trademark registration for Amazon Brand Registry](https://www.webx.net.tr/en/blog/trademark-registration-for-amazon-brand-registry).

## Conclusion: Key Takeaways

- US trademark registration is obtained from the USPTO; use sits at the center of the system, and the registration stays alive through declarations of use in specific years.
- An application relies on one of five bases: 1(a) use, 1(b) intent to use, 44(d) priority, 44(e) foreign registration or 66(a) Madrid.
- In 2026, the base fee is USD 350 per class, with per-class surcharges for insufficient information, free-form text and long text.
- Applicants domiciled outside the US must be represented by a US-licensed attorney; in Madrid files, the requirement begins with the first refusal or office action.
- If the Section 8 declaration is not filed between the 5th and 6th years, the registration is canceled; for protection obtained through Madrid, a Section 71 declaration is filed and renewal is done through WIPO.

### Ready to enter the US market with your brand?

Working with trademark attorneys authorized before TÜRKPATENT, Webx handles the [US trademark registration](https://www.webx.net.tr/en/hizmetler/uluslararasi-marka-tescil) process, from choosing between a direct USPTO filing and designating the US through Madrid to the Turkish side of the file and preparing the goods and services list, and it coordinates with US-licensed attorneys for proceedings before the USPTO. Share your mark, your US sales plan and, if you have one, your Turkish application number through our [contact page](https://www.webx.net.tr/en/iletisim), and we will decide on the right basis and route together.

## Sources

- [USPTO — Summary of 2025 trademark fee changes](https://www.uspto.gov/trademarks/fees-payment-information/summary-2025-trademark-fee-changes) (uspto.gov) — USD 350 base fee per class; surcharges for insufficient information, free-form text and long text
- [USPTO — U.S.-licensed attorney requirement for foreign-domiciled filers](https://www.uspto.gov/trademarks/laws/trademark-rule-requires-foreign-applicants-and-registrants-have-us) (uspto.gov) — 37 C.F.R. § 2.11(a): U.S.-licensed attorney requirement for foreign-domiciled filers
- [USPTO — Keeping your registration alive (Sections 8 and 9)](https://www.uspto.gov/trademarks/maintain/keeping-your-registration-alive) (uspto.gov) — Timing of Section 8, 9 and 71 filings; six-month grace period
- [WIPO — The Madrid System (international trademark registration)](https://www.wipo.int/en/web/madrid-system) (wipo.int) — Designating the US through the Madrid System

## Frequently Asked Questions

### Can I file a US trademark application before selling in the US?

Yes. If you have a bona fide intention to use the mark in US commerce, you can file under the Section 1(b) intent-to-use basis. Under that basis, however, the mark is registered only after use begins and a declaration of use is filed together with a specimen. Applications based on a Turkish registration (44(e)) or on Madrid (66(a)) do not require proof of use before registration.

### Is my Turkish trademark registration useful for a US application?

Yes, in three ways. The Turkish registration can serve as a Section 44(e) basis; priority can be claimed under Section 44(d) in a US application filed within six months of the Turkish application; and the Turkish application or registration can serve as the basis for designating the US through the Madrid System. None of these skips US examination; the USPTO examines the mark separately under its own rules.

### Does the US attorney requirement also apply to Madrid filings?

Yes, but it starts later. When holders domiciled outside the US designate the US through Madrid, no US attorney is needed at first, because the application goes through TÜRKPATENT. Once the USPTO issues its first refusal or office action, however, representation by a US-licensed attorney becomes mandatory, and the response is filed through that attorney.

### What is a specimen in a US trademark application?

A specimen is evidence showing how the mark is used in US commerce with the goods or services, and one is submitted for each class. For goods, the mark must appear on the product, its packaging or a point-of-sale display, including a webpage. For services, it must be shown that the mark is used in selling, advertising or rendering the services.

### What happens if the Section 8 declaration is not filed on time?

The registration does not fall immediately; the USPTO allows a six-month grace period after each deadline, for an additional fee. If the Section 8 declaration is not filed within that grace period either, the registration is canceled. Rebuilding protection then requires a new application, which may rank behind applications others have filed in the meantime.

### Do I still need to file declarations of use if I designated the US through Madrid?

Yes. For US protection obtained through Madrid, a Section 71 declaration is filed instead of a Section 8 declaration; it is submitted to the USPTO between the 5th and 6th years and between the 9th and 10th years after registration. Renewal, however, is not done at the USPTO but through WIPO, by renewing the international registration. The two calendars must be tracked separately.

### Are the TEAS Plus and TEAS Standard options still available at the USPTO?

No. Since January 18, 2025, the USPTO has used a single base application instead of the former TEAS Plus and TEAS Standard split. The base fee is USD 350 per class, with per-class surcharges for insufficient information, free-form text not selected from the ready-made list and long free-form text. Using pre-approved descriptions therefore lowers the cost.

## Related Resources

- [International Trademark Registration](https://www.webx.net.tr/en/hizmetler/uluslararasi-marka-tescil): Describes trademark protection abroad via the Madrid Protocol (WIPO), the EU trade mark (EUTM) and direct national filings.
- [Trademark Search](https://www.webx.net.tr/en/hizmetler/marka-sorgulama): Provides a free tool and method for checking whether a brand name is registrable by searching similar and registered trademarks.
- [What Is International Trademark Registration and the Madrid Protocol?](https://www.webx.net.tr/en/blog/international-trademark-registration-madrid-protocol): International trademark registration from Turkey: how the Madrid Protocol works, the TRY 3,850 TÜRKPATENT fee, the 5-year dependency and which route to choose.
- [Trademark Registration for Selling on Amazon and Brand Registry](https://www.webx.net.tr/en/blog/trademark-registration-for-amazon-brand-registry): Amazon Brand Registry is free but needs a permanent logo and a trademark from an office in a country with an Amazon store. Office choice, Madrid and timing.
- [International Trademark Search: WIPO, TMview and National Databases](https://www.webx.net.tr/en/blog/international-trademark-search-databases): Guide to international trademark search: what WIPO Global Brand Database, Madrid Monitor, TMview, EUIPO, USPTO, UKIPO, DPMA and CNIPA show, and their limits.
- [What Do the ® and ™ Symbols Mean? A Guide to Correct Usage](https://www.webx.net.tr/en/blog/r-and-tm-symbols-correct-usage): What does the ® symbol mean, and when can you use it? Rules for ® vs ™, sanctions for misuse, and correct placement — explained simply.
- [How to Draft the Goods and Services List for a Trademark in Turkey](https://www.webx.net.tr/en/blog/drafting-the-goods-and-services-list): How to draft a trademark goods and services list in Turkey: subgroups, broad vs. selective lists, Class 35 retail services, fee item 02.01.34 and an example.
- [What Should You Do If Your Madrid Application Receives a Provisional Refusal?](https://www.webx.net.tr/en/blog/responding-to-a-madrid-provisional-refusal): What does a Madrid provisional refusal mean? Refusal periods, reading the notification, response deadlines, limitation and grant statements; Madrid Monitor.