United StatesServices Trademarks & IPTrademark search & registration

Trademarks & IP

Trademark search & registration for US businesses

Clearance search and USPTO application prepared — with the 2019 rule stated plainly: foreign-domiciled applicants file through a US attorney.

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What is trademark search & registration?

Clearance search and USPTO application prepared — with the 2019 rule stated plainly: foreign-domiciled applicants file through a US attorney.

Since August 3, 2019, every foreign-domiciled trademark applicant, registrant, and TTAB party has been required to be represented by a US-licensed attorney under 37 CFR §2.11(a). That rule sits above everything else in this service. CapEasy is an India-based advisory firm, not a US law firm, so for a business filing from outside the United States the application itself is filed, signed, and prosecuted by a US-licensed attorney of record — CapEasy's role is the work that happens before that attorney ever touches the file: the clearance search, the goods-and-services description, the specimen, and the evidence that decides whether the mark is worth filing in the first place.

A US trademark application starts with a decision most businesses skip: what is actually being registered, and under which of the 45 international classes. The USPTO's ID Manual is the reference the whole system runs on — an application using its pre-approved language for goods and services avoids a $200/class surcharge for a custom description and a $200/class surcharge for every extra 1,000 characters beyond the first thousand. Getting the class and the wording right before filing is not paperwork tidiness; it is the difference between a $350/class base fee and a filing that comes back with avoidable surcharges or a scope that doesn't actually cover what the business sells.

Who does what

For foreign-domiciled applicants, all USPTO trademark matters run through a US-licensed attorney; CapEasy prepares the search, specimen and application file the attorney works from.

Who does what

Your CapEasy teamTrademark search & registration, the reconciliations and reporting behind it, and the questions list that keeps it honest.
Your CPA or enrolled agentEverything that carries a licence in United States — rendered exactly as written: issue compilation, review or audit reports — those are restricted to licensed cpa firms.
YouOne conversation with one named person, and the decisions that are genuinely yours.

Trademark search & registration in United States

The 2019 foreign-attorney rule is not a per-service caveat — it is a business-model gate

37 CFR §2.11(a), effective August 3, 2019, requires every trademark applicant, registrant, and party to a TTAB proceeding whose domicile is outside the United States to be represented by an attorney licensed to practice law in the US. This applies to the initial application, every Office Action response, every renewal filing, and every TTAB matter that follows — not just the first filing. For a business run from India, Australia, the UK, or anywhere else outside the US, there is no path to filing a USPTO trademark application without a US-licensed attorney of record. CapEasy prepares the search, the specimen, and the filing pack; the attorney reviews it, signs as attorney of record, and files.

TEAS Plus and TEAS Standard were retired January 18, 2025 — there is now one base fee per class

The two-tier TEAS Plus/TEAS Standard system that used to set the base filing fee by how complete the application was has been eliminated. USPTO's e-filing system itself has moved from TEAS to Trademark Center, the current portal. Under the fee schedule effective January 19, 2025 (last revised August 1, 2026), every application pays a single $350-per-class base fee, with the old completeness discount replaced by targeted surcharges: +$100/class for insufficient or incomplete information, +$200/class for a custom, non-ID-Manual goods/services description, and +$200/class for every additional 1,000 characters of identification beyond the first thousand. Any content still describing a client's application as filed under 'TEAS Plus' or 'TEAS Standard' is describing a system that stopped existing over a year before this page was written.

A clean ID Manual description is what keeps the fee at $350/class instead of higher

USPTO's ID Manual is a pre-approved list of goods-and-services language, organized by class, that examining attorneys accept without additional scrutiny. An application that uses ID Manual language stays at the $350/class base fee. One that departs from it — because the business's actual goods or services don't map cleanly onto pre-approved wording — triggers the $200/class custom-description surcharge, and a longer description that runs past 1,000 characters per class adds another $200/class for every extra thousand. Mapping what the business actually sells onto ID Manual classes and language before the attorney files is where the pre-filing work either saves money or doesn't.

Publication opens a 30-day opposition window — short compared to most other systems

Once an examining attorney approves a mark, it publishes in the Official Gazette and anyone who believes they would be damaged by the registration has 30 days to oppose (extendable on request). That window is materially shorter than many other trademark systems' post-publication periods, which is why a watch subscription on a pending or newly registered mark carries more urgency in the US than it might elsewhere — there is very little time to notice a conflicting publication and act on it before the window closes.

What your CPA or enrolled agent receives from us

  • A clearance search report covering USPTO's Trademark Search database, common-law and state-level use, and the domain landscape, with every close or ambiguous result flagged for the attorney's registrability call.
  • The proposed mark and a goods/services description mapped to USPTO ID Manual classes and language, built to avoid the custom-description and character-count surcharges.
  • A recommended filing basis (Section 1(a) use-in-commerce or 1(b) intent-to-use) with the reasoning behind the recommendation, for the attorney to confirm or override.
  • A specimen of use gathered and formatted to USPTO requirements, where the filing basis is 1(a).
  • A completed filing-ready pack — mark, classes, ID Manual language, specimen, and the clearance report — assembled for the attorney of record to review, sign, and file through Trademark Center.
  • A tracked calendar entry for the publication date, the 30-day opposition window, and (for 1(b) filings) the 6-month Statement of Use deadline once a Notice of Allowance issues.

Questions worth asking before you start

Who actually does the work — a person or an AI tool?

A named person on our team owns your file and reviews everything that leaves it. Software does a real share of the grinding underneath it — coding, matching, flagging the obvious gaps — but nothing regulated happens without a person’s judgement, and nothing here is signed or filed by an algorithm.

Who can legally file this?

For foreign-domiciled applicants, all USPTO trademark matters run through a US-licensed attorney; CapEasy prepares the search, specimen and application file the attorney works from.

Which software do you work in?

Whatever you already run. Most commonly QuickBooks, Xero, NetSuite, Sage, Zoho Books and a handful of others — we work inside your system rather than moving you onto one of our own.

How does this actually start?

A short, free read-only look at what you already have, and a written note on what we found. A scoping call decides the size of the engagement — nothing here commits you to anything.

What does it cost?

There is no published price for trademark search & registration — it depends on volume, how many entities are involved, and how far behind the books are. We quote after the read-only review, which is free.

How does this fit with the rest of trademarks & ip?

Trademark search & registration sits inside trademarks & ip, alongside Trademark office action response, Trademark renewal (§8 & §9), Trademark watch. Most clients end up buying the category as a whole rather than one leaf at a time, but starting narrow is fine.

Can CapEasy file our US trademark application directly?

No. Since August 3, 2019, every foreign-domiciled applicant must be represented by a US-licensed attorney under 37 CFR §2.11(a) — this applies to the application, every Office Action response, and every renewal that follows. We prepare the clearance search, the goods/services description, the specimen, and the full filing pack; a US-licensed attorney of record reviews it, signs, and files it with USPTO.

What happened to TEAS Plus and TEAS Standard?

Both were eliminated on January 18, 2025. USPTO's filing system moved from TEAS to Trademark Center, and there is now a single base application fee — $350 per class — instead of two pricing tiers based on how complete the application was.

How much does it cost to file a US trademark application?

The USPTO base fee is $350 per class, filed through Trademark Center using ID Manual language with a description under 1,000 characters. Surcharges apply for incomplete information (+$100/class), a custom non-ID-Manual description (+$200/class), or an extra 1,000 characters of identification (+$200/class). This is the government fee; it does not include the US attorney's own charge for filing and prosecuting.

How long does US trademark registration actually take?

Roughly 8 to 14 months to registration if the application is unopposed, following USPTO's initial examination (targeted around 3 months under 2025 process changes), the 30-day publication and opposition window, and — for intent-to-use filings — the Statement of Use step after a Notice of Allowance.

Is there a way to expedite a US trademark application?

There is no general expedite. The only mechanism is a Petition to Make Special, filed for a $400 fee and granted only on narrow grounds like actual or imminent infringement litigation or a governmental deadline — not simply wanting the process to move faster. It moves the application up in the examination queue; it never bypasses the publication or opposition windows.

What does a clearance search actually check?

USPTO's Trademark Search database (the current Trademark Center successor to TESS), common-law and state-level use that was never federally registered, and the domain landscape. A search limited to the federal register alone misses the unregistered-but-established conflicts that most often surface later as refusals or oppositions.

What's the difference between filing on 'use in commerce' and 'intent to use'?

A Section 1(a) use-in-commerce filing means the mark is already being used in commerce and includes a specimen showing that use; if it clears examination and publication, the registration certificate issues directly. A Section 1(b) intent-to-use filing is for a mark not yet in use — it clears the same examination and publication steps but then requires a separate Statement of Use, with its own fee, filed within 6 months of the Notice of Allowance (extendable up to 3 years).

What happens if someone opposes our published application?

Anyone who believes they would be damaged by the registration has 30 days from publication (extendable) to file a Notice of Opposition with the TTAB, at $600 per class. That is a separate, litigation-style proceeding — our clearance search work is aimed at reducing the odds of getting there, but an opposition itself is handled by the attorney of record, not by CapEasy.

Why does the goods/services description matter so much before filing?

USPTO's ID Manual has pre-approved language, organized by class, that examining attorneys accept without extra scrutiny. Language outside that list — even if it accurately describes the business — triggers a $200/class custom-description surcharge, and a longer description adds a further $200/class per extra 1,000 characters. We map the description to ID Manual terms before the attorney files, which is where cost and friction actually get controlled.

Do you provide the US-licensed attorney, or do we need to find one?

CapEasy coordinates the relationship with a US-licensed attorney partner who serves as attorney of record on the filing; the search, specimen, and filing pack we prepare is what that attorney reviews and files under their own signature. Which specific attorney handles the matter, and their engagement terms, is between the client and that attorney.

What if our mark comes back with a likelihood-of-confusion refusal?

That is handled as a separate service — the trademark office action response — where CapEasy organizes the evidence and argument file and the attorney of record drafts and files the substantive response with USPTO before the 3-month (extendable to 6-month) response deadline.

Your CapEasy experts

Connect with us

Talk to the people who handle this work every day — no call centre, no hand-offs.

Ayush Joshi

Ayush Joshi

Co-Founder

Ex-OYO and Tenaciousfly. 7+ years in business development, strategic acquisitions, financing and debt syndication.

Aditya Jain

Aditya Jain

Co-Founder

Ex-Bank of America. 4+ years in investment banking, EU & Indian compliances, ESG compliances, and project management.

Manav Raval

Virtual CFO & Tax Specialist

Section 80-IAC, tax planning and startup compliance. Previously at Toyota Motor Corporation and Jaguar Land Rover.

Ayush Faldu

Virtual CFO & Tax Specialist

Financial strategy, budgeting and cash flow — a CFO’s judgement, monthly.

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