
Trademark registration and copyright
Trademark registration with the USPTO from Turkey or China, protection on Amazon and Etsy, and keeping the registration alive.
01
Is this the right route?
A brand owner based in Turkey or China can register a U.S. trademark with the USPTO, but must be represented by a U.S.-licensed attorney because its domicile is outside the U.S. (37 CFR 2.11). As of 16 October 2026, the base filing fee is $350 per class, plus surcharges of $100 to $200 per class for incomplete or custom descriptions. The first examination action takes 4.3 months on average (USPTO data as of 1 October 2026).
Who it's for Turkish and Chinese brand owners, Amazon and Etsy sellers, and creators who sell or plan to sell in the U.S.
Key requirements
- A mark used in U.S. commerce, or a real intent to use it
- Owners based outside the U.S. need a U.S.-licensed attorney
- USPTO fee: $350 per class, plus any surcharges
- Deadlines: office-action replies, Sections 8 and 9
02
How it works
Search the USPTO database and the market for conflicting marks, including the English meaning of Turkish or Chinese words.
Choose the route: a direct U.S. application, a priority filing within six months of the Turkish application, or a Madrid designation through TÜRKPATENT.
File with the right owner, classes and descriptions, and a specimen if the mark is already used in the U.S.
Answer any office action within its deadline, and watch the 30-day opposition window after publication.
For an intent-to-use filing, file the Statement of Use within six months of the Notice of Allowance, or ask for extensions.
Enroll the mark in Amazon Brand Registry, keep proof of use, and calendar the Section 8 and 9 deadlines.
Typical times
- Filing to first examination action (USPTO average)4.3 months (USPTO target: 5.0) [3]
- Filing to registration or abandonment (USPTO average)10.4 months (USPTO target: 11.0) [3]
- Reply to an office action (direct U.S. application)3 months, plus one 3-month extension for $125 [4]
- Reply to an office action (Madrid application, Section 66(a))6 months [4]
- Opposition window after publication30 days (extensions up to 180 days in total) [5]
- Intent to use: Statement of Use after the Notice of Allowance6 months, extendable in 6-month steps to 36 months in total [6]
- Section 8 declaration of useBetween the 5th and 6th year after registration [7]
- Sections 8 and 9 renewalBetween the 9th and 10th year, then every 10 years; 6-month grace period with a surcharge [7]
03
What it costs
- $350 [1]Base application, per class
- $100 [1]Surcharge: insufficient information, per class
- $200 [1]Surcharge: own description instead of an ID Manual entry, per class
- $200 [1]Surcharge: each extra 1,000 characters of description, per class
- $150 [1]Statement of Use or Amendment to Allege Use, per class
- $125 [1]Extension to file a Statement of Use, per class
- $125 [1]Extension to reply to an office action
- $600 (CHF 460 on WIPO's table) [8]Madrid route: U.S. designation, per class (collected by WIPO)
- CHF 653 (black and white) or CHF 903 (colour) [9]Madrid route: WIPO basic fee
- $325 [1]Section 8 declaration, per class
- $325 (combined with Section 8: $650) [1]Section 9 renewal, per class
- $100 [1]Grace-period surcharge (Section 8 or 9), per class
- $150 [1]Letter of protest against someone else's pending application
- $600 [1]Opposition or petition to cancel at the TTAB, per class
- $65 / $45 [18]Copyright registration online: Standard / Single Application
04
Trademark and copyright: questions people ask
What does a trademark attorney do?
A trademark attorney picks the filing basis, searches for conflicting marks, drafts the goods description and answers office actions, which carry a 3-month deadline plus one 3-month extension. An owner based outside the U.S. must use one (37 CFR 2.11). Merit Law LLP reviews which steps your case needs.
How do I renew a trademark in the U.S.?
To renew a U.S. trademark, file Sections 8 and 9 between the 9th and 10th year after registration, then every 10 years. A first Section 8 declaration of use is due between the 5th and 6th year. A 6-month grace period adds a $100 per class surcharge (as of 16 October 2026). An attorney reviews your dates.
Can a foreigner register a trademark in the U.S.?
A foreigner can register a trademark in the U.S. with the USPTO, but an owner whose domicile is outside the U.S. must be represented by a U.S.-licensed attorney (37 CFR 2.11). A Turkish application can also be the basis through the Madrid Protocol. The right filing basis depends on your facts.
Can I use the Madrid Protocol to get a U.S. trademark from Turkey?
Yes, if you hold a Turkish application or registration as the base. A Turkish brand owner can designate the U.S. through TÜRKPATENT under the Madrid Protocol (Section 66(a)). The reply deadline for a U.S. office action is then 6 months, against 3 months for a direct filing. An attorney reviews both routes.
Can I file a trademark before I start selling?
Yes. A Section 1(b) intent-to-use application secures your filing date before sales begin. After the Notice of Allowance you have 6 months to file a Statement of Use, extendable in 6-month steps to 36 months in total. An attorney can help choose the filing basis.
05
Who handles your case
We check whether your name is available and registrable, choose the route and the classes, and file through a U.S.-licensed attorney.

Nora Busra Turan
Partner · Attorney
Documents to prepare
- The exact mark: the word in standard characters, and the logo file if the logo is filed too.
- An English translation of any Turkish or other non-English word in the mark, and a transliteration of non-Latin characters such as Chinese (37 CFR 2.32).
- The list of goods and services, matched to entries in the USPTO ID Manual where possible.
- The owner's legal name, entity type and domicile street address: for a company, the place where its senior officers direct it. A mail-forwarding address generally does not count.
- For a mark already used in the U.S.: the date of first use and one specimen per class, such as a photo of the product, label or packaging with the mark, or a product page that shows the mark and how to order.
- For a Madrid or priority filing: the TÜRKPATENT application or registration number, its date and the certificate.
- Any letters already received: warning letters, Amazon or Etsy notices, emails that claim to be from the USPTO.
Common reasons for refusal or delay
- Likelihood of confusion: the USPTO calls it the most common reason for refusing registration. Marks that sound, look or mean the same as an earlier mark for related goods can be refused even when spelled differently.
- Descriptive or generic words: a word that only describes the product is hard to register. Under the doctrine of foreign equivalents, a Turkish or Chinese word is translated into English and judged the same way.
- Specimen refusals: mock-ups, digitally altered images, renderings of planned packaging and web pages without ordering information are refused.
- Wrong owner: an application filed in the name of a distributor, a relative or an Amazon account holder instead of the company that owns the brand.
- Missed deadlines: no reply to an office action in time abandons the application; a missed Section 8 or 9 filing cancels the registration once the 6-month grace period ends.
- Madrid dependency: for five years an international registration depends on the Turkish basic application. If that application is refused or the Turkish mark is cancelled in those five years, the U.S. protection based on it falls too; it can be turned into a direct U.S. application within three months.
- Scam notices: official-looking letters and emails demanding payment. USPTO emails end in @uspto.gov, and official USPTO documents always appear in the TSDR record.
- Sharing your USPTO.gov password: the USPTO warns it can lead to filings made without your knowledge and to account suspension. An attorney files from their own account.
When this is not the right route
- You have not chosen a name yet: search first. Filing does not reserve a name that conflicts with an earlier mark.
- You need protection in Turkey: that is a TÜRKPATENT filing under Turkish law, see Turkish law. The USPTO covers the U.S. only.
- Your Amazon or Etsy account is already suspended: a trademark filing does not reinstate it by itself. The appeal is a separate matter; say so in the intake.
- Someone already uses the same or a similar name for related goods in the U.S.: expect a refusal or a dispute, and get advice before investing in the name.
Full details
Who this is for
- Turkish brands selling, or about to sell, in the U.S. directly or through Amazon, Etsy or a distributor.
- Amazon sellers who need a registered or pending U.S. mark for Amazon Brand Registry.
- Chinese-speaking brand owners filing in the U.S. for the first time.
- Businesses that received a trademark warning letter or a platform complaint, and creators who want to register their works.
Key requirements
- A filing basis: use in U.S. commerce (Section 1(a)), a bona fide intent to use (Section 1(b)), a Turkish application filed within the previous six months (Section 44(d)), a Turkish registration (Section 44(e)), or a Madrid designation through TÜRKPATENT (Section 66(a)).
- Owners whose domicile is outside the U.S. must be represented by a U.S.-licensed attorney (37 CFR 2.11). For a company, domicile is the place where its senior officers direct and control it.
- Each class of goods or services pays its own fee, and the description must be specific.
- Copyright exists when an original work is created. Registration with the U.S. Copyright Office is voluntary, but a U.S. work generally must be registered before an infringement lawsuit (17 U.S.C. 411).
- A registration stays alive only with Section 8 declarations and Section 9 renewals filed on time.
What to check with an attorney
- Whether the name is available and registrable in the U.S., not only whether the domain is available.
- Which owner, classes and goods or services to claim, and which route (direct, priority or Madrid) fits the class count.
- Whether a Turkish or Chinese filing is also needed for the same brand.
- If someone filed your brand first: a letter of protest before publication, an opposition within 30 days of publication, or a petition to cancel after registration.
Sources and review date
Fees and rules reviewed 16 Oct 2026. Sources below.
Official sources:
- USPTO fee schedule (effective 19 Jan 2025, revised 14 Aug 2026)
- 37 CFR 2.11: requirement for representation (eCFR)
- USPTO: current trademark processing wait times (data as of 1 Oct 2026)
- 37 CFR 2.62: office-action response periods (eCFR)
- 37 CFR 2.101–2.102: opposition period (eCFR)
- 37 CFR 2.88–2.89: Statement of Use and extensions (eCFR)
- USPTO: keeping your registration alive
- WIPO: Madrid individual fees
- WIPO: Madrid schedule of fees
- Madrid Protocol, Articles 6 and 9quinquies (WIPO Lex)
- USPTO: Madrid inbound application process
- USPTO: trademark timelines by filing basis
- Amazon: Brand Registry eligibility
- USPTO: likelihood of confusion
- TMEP §§803.05(a), 1207.01(b)(vi): domicile; foreign equivalents
- USPTO: specimen refusals
- USPTO: recognizing common scams
- U.S. Copyright Office: fees
- 17 U.S.C. 411: registration and infringement actions
- 37 CFR 2.32: application requirements, translation of non-English wording (eCFR)
What changed: added the 2025 USPTO fee structure, USPTO wait times, the Madrid route from TÜRKPATENT, Amazon Brand Registry, warning letters and renewal deadlines.
Keep reading
- U.S. Trademark Registration: A Guide for Brand Owners
- Trade Dress Protection in the U.S., and How Certification Marks Differ
- Getty v. Stability AI: Trademark and Copyright Lessons
- Group Registration of Unpublished Works (GRUW)
- Copyright Infringement and the Substantial Similarity Test
- Copyright Registration Benefits for Your Original Works
Selling in the U.S. under your brand? Check the name before you file.
Monday to Friday, 8:00 a.m. to 5:00 p.m., office local time. We reply in English, Turkish and Chinese.
Notes
- Averages are the USPTO's own figures; single files vary. On 16 October 2026 the USPTO was examining applications filed between 5 and 19 July 2026. ↑
- USPTO amounts are electronic-filing fees in U.S. dollars. WIPO sets the Madrid amounts in Swiss francs. TÜRKPATENT charges its own fees for the Turkish basic application. Attorney fees are quoted after a first conversation. ↑