For trademark attorneys, patent attorneys and IP firms outside the United States

Your U.S. Associate for Trademark Filings

A U.S.-licensed trademark attorney who files and prosecutes your clients' U.S. applications under Section 44(e) and Section 44(d) — at a flat fee you know in advance, with one rule above all others: your client stays your client.

Section 44(e) / 44(d) application: $649 attorney fee per class plus the $350 USPTO government fee per class · identification of goods redrafted to the ID Manual, included
U.S. attorney of record: $250 response to the refusal quoted within one business day

How we work with foreign firms

The terms every referring firm asks about first.

Your client stays your client

The referring firm is our client. We never market to your client, and your client never sees our fee schedule.

Correspondence through you

USPTO notices, deadlines and filing receipts go to you as they arrive, with a plain-English summary and the deadline stated. Your client hears from you.

Flat fees, quoted in advance

Filing fees are fixed. Office actions and refusals are quoted before any work starts. No hourly billing, no surprises on the invoice.

Simple billing

We invoice your firm in U.S. dollars. No referral fees, no minimum volume.

Attorney-prepared, never outsourced

Every filing is drafted and signed by a U.S.-licensed attorney at our firm. No filing clerks, no offshore paralegals, no software that files without reading.

English and Russian

We correspond in English and Russian. The USPTO filing itself is always in English.

Services and fees for associate firms

All fees are per international class where the USPTO charges per class. USPTO government fees are set by the Office and passed through at cost.

ServiceAttorney feeUSPTO feeNotes
Section 44(e) application based on the home-country registration $649 / class $350 / class No U.S. use required before registration. Identification of goods and services redrafted to the USPTO ID Manual, included.
Section 44(d) application claiming priority from a home-country filing made within the last six months $649 / class $350 / class Secures the foreign filing date in the U.S. The application registers once the home registration issues (44(e)) or on U.S. use (Section 1).
Section 1(a) or 1(b) application for a foreign owner already using, or intending to use, the mark in the U.S. $649 / class $350 / class Includes a federal search on up to three name choices and a common-law internet search.
Extra basis — Section 1(a) or 1(b) added to a Section 44(e) or 44(d) application $350 $0 A second, independent basis for the same application. If the home-country application is refused, withdrawn or delayed, the U.S. application survives on the Section 1 basis and keeps its filing date instead of failing with the foreign one.
U.S. attorney of record $250 — Required for any foreign-domiciled applicant who receives a USPTO refusal or notice. Issues raised in a pending office action are quoted separately.
Office action response Quoted in advance — Flat fee quoted within one business day of receiving the refusal. Send the office action for a quote.
Statement of use / extension (Section 1(b) cases) $295 / $320 $150 / $125 per class Docketed and reported to you with each deadline.
Section 8 & 15 declaration of continued use and incontestability (years 5–6 after registration) $700 $575 per class Includes reviewing the specimens of use before filing.
Section 8 & 9 declaration of continued use and renewal (years 9–10 after registration, then every 10 years) $700 $650 per class Includes reviewing the specimens of use before filing.

USPTO surcharges we help your client avoid: since January 2025 the USPTO adds $200 per class when goods are described in free-form text instead of ID Manual entries, and $100 per class when required information is missing at filing. Our attorney fee includes the redrafting that keeps both surcharges off your client's bill.

Section 44: the U.S. filing basis built for your clients

Under Section 44(e) of the Lanham Act (15 U.S.C. § 1126(e)), an applicant whose country of origin has a treaty relationship with the United States — every Paris Convention and WTO member — may register a mark in the U.S. on the basis of its home-country registration, without showing use in U.S. commerce. Under Section 44(d), a U.S. application filed within six months of the home-country application takes that earlier filing date as its U.S. priority date. For a client who already holds or has just applied for a national registration, this is usually the fastest and cheapest route to a U.S. registration.

What the USPTO requires for a 44(e) filing

  • The applicant's country of origin must be the country of the registration: the country where it has a bona fide and effective industrial or commercial establishment; if it has none, the country where it is domiciled; if it has no domicile in a treaty country, the country of its nationality.
  • A copy of the registration certificate, current and in force, and if it is not in English, a translation signed by the translator (TMEP § 1004.01(b)).
  • The goods and services may not exceed the scope of the foreign registration; we narrow and redraft them to USPTO standards.
  • A declaration of the applicant's bona fide intention to use the mark in U.S. commerce. No use is required before registration; after registration, the same use requirements apply as for any other U.S. registration.

How a case moves from your desk to a U.S. registration

  1. You place the order through our estimate page and pay the fee.
  2. We send you a request for the information we need — the registration certificate, the mark, the owner's details, the goods and services, and a translation if the certificate is not in English.
  3. We redraft the identification of goods to ID Manual entries, confirm the filing basis and class count with you, and prepare the application.
  4. Expeditious processing. We move as fast as you respond to our requests. Once filed, you receive the USPTO filing receipt and serial number.
  5. USPTO events reported to you as they arrive — office actions with a plain summary and a flat-fee quote, publication, registration. Maintenance deadlines are docketed and reported to you in advance for as long as we remain the attorney of record.

Why your client should not go to a volume filer

The 2025 sanctions

In August 2025 the USPTO terminated more than 52,000 applications and registrations prepared by unlicensed filing agencies using borrowed attorney names. Owners lost their filing dates and their fees.

Attorney-drafted identifications

Copy-pasted, over-broad goods lists draw refusals, the $200 free-form surcharge, and later cancellation for non-use. We draft the list to fit the foreign registration and the client's real business.

A named attorney you can reach

You deal with the attorney who signs the filing, by email, phone or video, in your working hours. No ticket system, no anonymous "team".

We do not approach your clients

Volume filers make money by selling to your client next time. We do not approach your clients, because our business depends on your next referral.

★★★★★

Michael Pesochinsky, Esq.

Admitted in New Jersey and New York and registered to practice before the USPTO. Over 12 years of trademark practice, thousands of USPTO filings, and 27 five-star Google reviews. The firm has represented owners from the European Union, the United Kingdom, India, Brazil, Argentina, Mexico, Australia, Israel, Russia, Ukraine and many other countries, and has worked as U.S. associate for Russian-speaking and Indian IP firms for years. Law Offices of Pesochinsky LLC, Wayne, New Jersey — 30 minutes from Manhattan.

Working languages: English · Русский

Questions foreign firms ask us

Do you ever contact our client directly?
When a case comes to us from a foreign trademark firm, the firm is our client. We correspond with you, we never market to your client, and your client never sees our fee schedule. If your client contacts us with a question, we answer it and keep you informed.
What does a Section 44(e) filing cost through you?
A flat attorney fee of $649 per international class plus the USPTO government fee of $350 per class. The attorney fee includes redrafting the identification of goods and services to the USPTO ID Manual, which avoids the USPTO's $200 per-class surcharge for free-form identifications. Office actions are quoted separately, in advance, at a flat fee.
What do you need from us to file under Section 44(e)?
A copy of the home-country registration certificate; if it is not in English, a translation signed by the translator (TMEP § 1004.01(b)); the mark exactly as registered; the applicant's legal name, entity type, country of organization and address; the list of goods and services, which must not exceed the scope of the foreign registration; and the applicant's email address, which the USPTO requires. We file within one week of receiving a complete file.
Does the client need to use the mark in the United States before it registers?
No. A Section 44(e) application can register without any use in U.S. commerce; the applicant only declares a bona fide intention to use the mark. Section 44 excuses use only before registration. The client should start using the mark within a reasonable time after registration: three consecutive years of non-use is prima facie evidence of abandonment, and a registered mark that has never been used can be challenged once three years have passed since registration. Separately, the Section 8 declaration due between the fifth and sixth year after registration must state that the mark is in use in U.S. commerce or show special circumstances that excuse the non-use, or the registration is cancelled. We docket that deadline and remind you a year ahead.
Should we add a Section 1 basis to a Section 44(d) application?
Often, yes. A Section 44(d) application only matures to registration once the home-country registration issues. If that application is refused, withdrawn or held up, the U.S. application fails with it. Adding Section 1(a) (use in U.S. commerce) or 1(b) (intent to use) as a second basis costs $350 in attorney fees and no USPTO fee, and lets the U.S. application proceed on its own even if the foreign one does not. The same option applies to a Section 44(e) application whose home registration may be challenged.
Can you take over a U.S. application that received an office action?
Yes. A foreign-domiciled applicant must appoint a U.S.-licensed attorney to respond to a USPTO office action. The appointment as U.S. attorney of record is a flat $250. The response itself, and any other issues the office action raises, are quoted separately within one business day, because an office action often contains several issues.
Who prepares the application — an attorney or a filing clerk?
Every application, response and maintenance filing is prepared and signed by a U.S.-licensed attorney at our firm. Nothing is outsourced. In August 2025 the USPTO terminated more than 52,000 filings prepared by unlicensed filing agencies; that risk does not exist with attorney-prepared work.
How do you bill?
We invoice your firm in U.S. dollars. There are no referral fees and no minimum volume.
In which languages do you work?
English and Russian for all correspondence and documents. The USPTO filing itself is always in English.
How long does a Section 44(e) application take?
We file within one week of receiving a complete file and send you the USPTO filing receipt. USPTO examination currently takes several months to the first action; an application that receives no refusal typically registers within about a year of filing. We report USPTO events to you as soon as possible, with the deadline stated.
Your client's email address and USPTO scam mail
The USPTO requires the owner's own email address in every application, and third parties harvest USPTO records to send misleading "renewal" and "registration fee" letters. We warn you at filing, and we tell you which notices are genuine, so your client can ignore the rest.

Send us your first case

Place the order through the estimate page, or email us your question in English or Russian. We answer within one business day.

Attorney Advertising. Law Offices of Pesochinsky LLC, 9 Warner Way, Wayne, NJ 07470, USA. Prior results do not guarantee a similar outcome.

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