To protect a mark in the United States you must register it with the USPTO. There are two routes: a direct application, or designating the US through the Madrid Protocol based on your Mexican mark at IMPI. Since 2025 the USPTO base fee is USD 350 per class for direct applications. Applicants domiciled outside the US must be represented by a US-licensed attorney.
Routes to the USPTO
| Route | When it fits | Keep in mind |
|---|---|---|
| Direct application | If the US is your main market or your Mexican mark isn't ready yet. | Requires a US-licensed attorney. Base fee of USD 350 per class. |
| Madrid Protocol | If you already have a Mexican application or registration and want several countries at once. | Depends on your Mexican mark for the first five years. |
| Priority from your Mexican application | If you filed in Mexico less than six months ago. | You can claim your Mexican filing date in the US. |
Use or intent to use
In the US you can file based on current use (you already sell there under the mark) or intent to use (you don't yet, but plan to). With intent to use, before registration you'll have to show the mark is in use in US commerce. The difference is key: Mexico doesn't require use to register; the US does, sooner or later.
What it costs (beyond the base fee)
- USD 350 per class base fee for direct applications (2025).
- Surcharges for free-text descriptions of goods instead of entries from the USPTO ID Manual, or for incomplete applications.
- Fees for the US attorney and for the firm coordinating from Mexico.
- Later on: the declaration of use between the fifth and sixth year, and renewal every 10 years.
USPTO fees in force since 2025. Confirm them with the USPTO before filing.
How we handle it
We check your mark's availability in the US, choose the route (direct or via Madrid) and the classes, and coordinate the filing with US-licensed attorneys, as the USPTO requires for foreign applicants. You deal with us, in Spanish or English, from start to finish.
Frequently asked questions
Does a Mexican registration protect us in the United States?
No. Trademarks are territorial: you need a USPTO registration to have rights in the United States.
How much does it cost to register a trademark in the United States?
Since 2025 the USPTO base fee is USD 350 per class for direct applications, plus possible surcharges and professional fees.
Do we need a US attorney?
Yes. The USPTO requires applicants domiciled outside the US to be represented by a US-licensed attorney.
Is the Madrid Protocol a good option?
If you already have a Mexican application or registration and want several countries, it can be more efficient. If you only care about the US, a direct application sometimes gives more control.
Selling into the US?
Tell us your mark and how you'll sell there. We'll recommend the route and estimate the total cost.
Plan my US filing