Cross-border
Registering a US Trademark From Pakistan
Apply to the USPTO through a US-licensed attorney, which 37 CFR 2.11 has required of every applicant domiciled outside the US since 3 August 2019. A company's domicile is where it is run from, so a US LLC managed from Pakistan is caught too. The base fee is USD 350 per class, plus surcharges of USD 100 to 200 per class for an incomplete or free-text application.
We do this for clients:US Trademark Registration with the USPTO
Where these figures come from
- Sources
- Sourced from the USPTO's rules in 37 CFR Part 2 and its fee schedule in force from 18 January 2025.
- Last checked against the sources
- by BarrioVibe.
This is general guidance from the sources above, not advice on your situation. Procedures and official fees change, so confirm the current position before you file, or speak to us first.
The attorney requirement
37 CFR 2.11(a): an applicant, registrant or party to a proceeding whose domicile is not located within the United States or its territories must be represented by an attorney qualified to practise before the USPTO. The rule took effect on 3 August 2019. The USPTO states in the same provision that it cannot help you choose one.
Leaving the attorney out also costs money at filing. The base application requirements in 37 CFR 2.22(a)(19) include, for a foreign-domiciled applicant, the designated attorney's name, postal address, email address and bar information. An application missing any base requirement pays the USD 100 per class surcharge under 2.22(b), on top of the office action demanding the attorney anyway.
USPTO fees since 18 January 2025
37 CFR 2.6 as in force in September 2026, per class of goods or services, filed electronically. The structure came from the USPTO's fiscal year 2025 fee rule, effective 18 January 2025, which replaced the old two-tier application with one base fee plus surcharges.
| Item | Fee per class |
|---|---|
| Application, base fee | USD 350 |
| Surcharge: base application information missing | USD 100 |
| Surcharge: goods and services not taken from the ID Manual | USD 200 |
| Surcharge: each further 1,000 characters of free-text description beyond the first 1,000 | USD 200 |
| Statement of use, or amendment to allege use (intent-to-use applications) | USD 150 |
| Six-month extension to file the statement of use | USD 125 |
| Madrid (section 66(a)) application received on or after 18 February 2025 | USD 600 |
| Paper application | USD 850 |
The filing bases
37 CFR 2.34. The basis decides what you must show and when. Section 1(a) and 1(b) cannot both be claimed for the same goods, and a Madrid basis cannot be combined with any other.
| Basis | What it rests on | What you must supply |
|---|---|---|
| 1(a) use in commerce | The mark is already in use in US commerce | Dates of first use anywhere and in commerce, and a specimen per class |
| 1(b) intent to use | A bona fide intention to use the mark in US commerce | A verified statement now; a statement of use with a specimen before registration |
| 44(e) foreign registration | A registration in your country of origin, such as an IPO Pakistan registration | A copy or certification of the foreign registration, and a verified intention to use |
| 44(d) foreign priority | A foreign application filed within the previous six months | The priority claim, and a section 1 or 44(e) basis before publication |
| 66(a) Madrid | An international registration designating the United States | The declaration of intention to use, made in the international application |
Intent to use, and the clock that starts later
A 1(b) application lets you file before you have sold anything in the US, and it is examined and published like any other. The registration issues only after you file a statement of use, with a specimen, showing the mark in use on everything you intend to keep in the application.
The deadline runs from the notice of allowance, not from filing. 37 CFR 2.88 gives six months from that notice. 2.89 allows a first six-month extension on request, then further six-month extensions on a showing of good cause, not totalling more than 24 months. So the longest the window can run is 36 months from the notice of allowance. Miss it and the application is abandoned.
Specimens: what the USPTO accepts
37 CFR 2.56. One specimen per class, showing the mark as actually used in commerce on the goods or services listed.
- For goods: the mark on the goods, their containers or packaging, labels or tags attached to them, or a display associated with the goods that is point-of-sale in nature
- For services: the mark used in selling, performing or advertising the services, with a direct association between the mark and the services
- A web page must show its URL and the date it was accessed or printed
- Not acceptable: an artist's rendering, a printer's proof, a computer illustration, a digital image or similar mockup of how the mark may be displayed. A designed box that has never shipped is exactly this
The Madrid route through IPO Pakistan
Pakistan acceded to the Madrid Protocol with effect from 24 May 2021, according to WIPO's information notice on the accession. A Pakistani national, or anyone with a domicile or business in Pakistan, can therefore file an international application through IPO Pakistan as the office of origin and designate the United States in it.
Three conditions shape whether that is the better route. You need a basic mark first: a Pakistani application or registration for the same mark. The goods and services in the international registration can be narrower than the basic mark but never broader. And the USPTO charges more per class for a Madrid designation, USD 600 against USD 350 for a direct filing, although the response period for an office action is six months rather than three.
After registration: the dates that keep it alive
37 CFR 2.160 and 2.182. Miss them and the registration is cancelled or expires, whatever the mark is worth.
- A declaration of continued use between the fifth and sixth anniversaries of registration
- A further declaration of use, and a renewal application, in the year before the end of each ten-year period after registration
- A six-month grace period after each deadline, with a surcharge per class
- Office actions during examination must be answered within three months, extendable once by three months for a fee, or within six months for a Madrid application
Questions
The questionspeople ask
Do I need a US attorney to register a trademark from Pakistan?
Yes. 37 CFR 2.11 requires every applicant domiciled outside the United States to be represented by a US-qualified attorney, and has since 3 August 2019. Filing without one also puts the application outside the base fee, adding a USD 100 per class surcharge.
Can I avoid the US attorney rule by filing through my US LLC?
Not if you run the LLC from Pakistan. The USPTO defines a company's domicile as its principal place of business, the headquarters where its officers direct and control it, so an LLC managed from Pakistan is foreign-domiciled under 37 CFR 2.2.
How much does a US trademark cost in USPTO fees?
USD 350 per class to file electronically, plus USD 100 per class if base information is missing and USD 200 per class if the goods are described in free text instead of chosen from the ID Manual. An intent-to-use application adds USD 150 per class for the statement of use.
Can I register before I sell anything in the US?
Yes, on an intent-to-use basis under section 1(b). The registration issues after you file a statement of use with a specimen, due six months after the notice of allowance and extendable in six-month steps up to 36 months in total.
Is Pakistan a member of the Madrid Protocol?
Yes, since 24 May 2021. A Pakistani applicant with a Pakistani application or registration can file an international application through IPO Pakistan designating the United States. The USPTO fee for a Madrid designation is USD 600 per class.
Does my Pakistani trademark protect my brand in the US?
No. It can support a US application, either as a registration under section 44(e) or, within six months of the Pakistani filing, as a priority claim under section 44(d), because Pakistan is a Paris Convention member. The US right comes only from the US application.
Can I use a mockup of my packaging as a specimen?
No. 37 CFR 2.56 excludes artist's renderings, printer's proofs, computer illustrations and digital mockups. The specimen must show the mark as actually used, such as a photograph of the real label or packaging.
Can I use my IPO Pakistan trademark for Amazon Brand Registry?
No. Amazon requires a pending or registered mark issued by the trademark office of a country with an Amazon store, and Pakistan does not have one. A pending or registered USPTO mark qualifies, provided you own it and it contains the brand name as words, letters or numbers.
How long do I have to answer a USPTO office action?
Three months from issue, extendable once by three months for USD 125. For an application that came through Madrid, six months.
Also here
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