For a brand in the US, its name, logo, and slogan are often its most valuable commercial asset; but a mark used without registration is legally fragile. Trademark registration protects your mark at the federal level across the US, prevents others from using the same or a similar name, and grants the right to use the ® symbol. For a brand owner domiciled in Turkey, the process has a particular feature: foreign applicants must be represented by a US-licensed attorney. This guide covers the trademark registration process, its cost, the attorney requirement, and the likely grounds for refusal. It is general information, not legal advice.
What Is US Trademark Registration and Why Does It Matter?
A trademark is the name, logo, slogan, or a combination of these that distinguishes a business's products or services from others'. While using a mark in the US provides some protection, federal registration (USPTO) is far stronger: the mark is registered nationwide in your name, a right to sue in federal court arises in case of infringement, and the mark becomes a sellable or licensable asset. With an unregistered mark, there is always the risk of someone else registering the same name and pushing you out of your own market. You can review the official steps on the USPTO trademark process page.
The US Attorney Requirement for Foreign Applicants
This is the most critical rule a person or company domiciled in Turkey must know: foreign-domiciled applicants must be represented before the USPTO by a US-licensed attorney. This requirement applies to a new application, a response to an office action, maintaining the registration, and Trademark Trial and Appeal Board (TTAB) proceedings. The rule was put in place to improve the quality of applications and to represent foreign applicants in line with the US legal system. You can read the official regulation on the USPTO foreign applicant rule page.
The Registration Process Step by Step
US trademark registration consists of connected stages:
- Clearance search: Whether your mark conflicts with a previously registered mark is searched. This step is the most effective way to prevent a refusal from the start.
- Filing: The mark is filed through the USPTO Trademark Center with the classes of goods and services it will be used in (as of 2026, all applications go through this system).
- Examination: An examining attorney reviews the application; if there is an issue, an office action (refusal notice) is sent.
- Publication: If there is no objection, the mark is published in the official gazette, giving third parties a right to oppose.
- Registration: If no opposition arises or it is overcome, the mark is registered and a certificate is issued.
To set up your mark together with the company infrastructure you will use it in, see our guide to starting a company in the USA.
Cost and the Class System
A US trademark application is made by the classes of goods and services the mark will be used in; each class is charged separately. As of 2026, the government filing fee starts at $350 per class. For example, if registration is sought for both a product and a service, two class fees are paid. Attorney fees and the cost of a clearance search are added to this; an additional fee can also apply to foreign applicants in some cases. Choosing the right classes is a critical decision: too narrow a choice weakens protection, while an unnecessarily broad one inflates the cost. To plan your contract and trademark infrastructure together, you can review our US business contracts guide.
Office Action and Common Grounds for Refusal
If the examining attorney sees a problem in your application, they send an office action (an official refusal or deficiency notice); you must respond within three months, or the application is declared abandoned (a three-month extension can be obtained for a fee). The most common grounds for refusal are: a likelihood of confusion with a previously registered mark and the mark being merely descriptive of the product. A missing class, insufficient evidence of use, and formal errors can also cause refusal. A well-prepared response overcomes most office actions; the best defense, though, is a clearance search done before filing.
The Madrid Protocol or Direct USPTO?
There are two paths for those who want to protect a mark in multiple countries. For US protection only, a direct USPTO application is simpler. If multiple countries are planned, the Madrid Protocol lets you seek protection in more than 120 countries with a single international application. On the Madrid path, a US attorney is not required to file; but if the USPTO issues an objection or refusal, a US-licensed attorney is required from that point. This is why, in a Madrid application that also covers the US, planning US counsel from the start against the possibility of an office action is the safest path.
Work with Yellow Law Group
The price of an unregistered mark is often far above the cost of registering it correctly from the start; if someone else takes the same name, you can lose the reputation you built over years.
Yellow Law Group, from its headquarters in Plano (Texas) and offices in Chicago (Illinois), Irvine (California), Alpharetta (Georgia), and Fairfield (New Jersey), provides the US attorney representation required for foreign applications. To register your mark, you can work with our trademark registration attorney team, review our attorneys on our team page, and schedule a free initial consultation through our contact page.
