Trademark Registration in the United States (USPTO)

The U.S. is a vast market and economic safe haven for Saudis. But the USPTO system differs fundamentally: "use" is a condition for protection, not "registration" alone. This is the most important difference to understand before investing.

The Competent Authority

USPTO (United States Patent and Trademark Office). Federal, covering all 50 states.

Its TEAS electronic platform is advanced but precision-demanding. Errors cost significant extra fees.

The "Use" Principle

The U.S. system protects marks based on "actual commercial use" in the U.S., not registration alone.

You may file under "intent to use" then prove actual use within 6 years (with extensions). If use does not happen, the mark lapses.

This differs from Saudi Arabia where registration alone is enough for protection.

Proof of Use (Specimen)

You must submit a "specimen" with the application or at a later stage: an actual product photo with the mark in market, or a screenshot of an e-commerce site offering the product for sale.

Marketing-only images (ads, Facebook pages) do not suffice. There must be "actual sale."

Procedure and Timelines

Application filing: an hour via TEAS.

Initial examination: 6–8 months.

Examiner may issue an Office Action. Response within 6 months.

Publication in Trademark Gazette: 30-day opposition.

Issuance: 3–5 months after opposition.

Total: 12–18 months. If problems arise, up to 24 months.

Fees

TEAS Plus: $250 per class (cheaper, requires using USPTO's approved goods description dictionary).

TEAS Standard: $350 per class (free description).

Renewal every 10 years: $300 per class.

U.S. agent fees: $1,500–3,500 per mark.

Total U.S. mark cost: $2,000–5,000. Roughly equivalent to Saudi cost.

Specific Challenges

U.S. examiners demand many details about use. Their requirements are tougher than Saudi.

Oppositions are common. Many U.S. companies monitor the gazette and oppose aggressively.

A U.S. agent is practically essential (even if not legally required) to handle these challenges.

Recommendation for Saudi Investors

If you plan the U.S. market within 3 years, start with an intent-to-use application now. It reserves the name with flexibility on the use date.

Leverage the Madrid Protocol to cut administrative work, but pair it with a U.S. agent to handle USPTO interactions.

At Rights we work with partners in New York and California to manage USPTO files for our Saudi clients.

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