# Jurisdictions: US vs. EU vs. Spain

Trademark protection is **national/territorial**. A registration in one
jurisdiction grants no rights in another. File where you sell or will sell.
None of this is legal advice — confirm fees and procedure with the office or a
licensed attorney before relying on it. Figures accessed 2026-06-02.

## At a glance

| | US — USPTO | EU — EUIPO (EUTM) | Spain — OEPM |
|---|---|---|---|
| Scope | United States | All 27 EU member states | Spain only |
| Search tool | USPTO trademark search (formerly TESS) | EUIPO eSearch | OEPM online search |
| Base application fee | **$350 per class** (Section 1/44) | **€850 for one class** | National schedule (lower; confirm at OEPM) |
| Second class | +$350/class | +€50 | per OEPM schedule |
| Third+ class | +$350/class | +€150 per class | per OEPM schedule |
| Symbol after grant | ® | ® | ® |

The US base fee replaced the old TEAS Plus / TEAS Standard split with a single
$350-per-class base, effective **18 January 2025**.

### US surcharges to watch (USPTO, 2025 fee changes)

- **+$100 per class** if the application is missing required base information.
- **+$200 per class** for using a free-form identification of goods/services
  instead of the pre-approved ID Manual wording.
- **+$200 per class** for each additional group of 1,000 characters in a
  free-form identification.

Practical takeaway: pick goods/services from the ID Manual and supply complete
base info to avoid stacking surcharges on top of the $350.

## Nice classification (classes)

Trademarks register **by class of goods/services** under the Nice
Classification (45 classes: 1–34 goods, 35–45 services). The same word can
coexist in unrelated classes (e.g. a software mark in Class 9/42 vs. a clothing
mark in Class 25). Each class adds a fee in every jurisdiction. Choose the
class(es) that match what you actually sell, plus near-adjacent ones you have a
genuine intent to use.

## Filing in many countries — Madrid Protocol

The **Madrid Protocol** lets you file one international application through your
home office (e.g. USPTO or, for Spain, OEPM/EUIPO) and designate multiple member
countries, paying per designated country. It is administratively simpler than
filing separately everywhere, but:

- It depends on a home "basic" application/registration for the first 5 years
  (central attack risk).
- Each designated country still examines under its own law and can refuse.
- It does not create a single worldwide right — it is a bundle of national
  rights administered centrally.

## Symbols across jurisdictions

- ™ / ℠ — usable by anyone claiming rights in a product / service mark,
  registered or not, in common-law contexts (notably the US). Some
  jurisdictions place less weight on ™ but it is not a false claim.
- ® — usable **only after registration issues**, and only in the jurisdiction
  where the mark is registered. Using ® for a mark registered only in the US on
  EU-facing materials is risky; match the symbol to the jurisdiction where the
  registration is valid.
