For global businesses, entering the United States market is a massive opportunity. However, with opportunity comes competition—and the risk of brand imitation. To safeguard your business identity in the U.S., trademark registration is essential.
Foreign companies often wonder: Can we register a trademark in the USA if we’re not based there? The answer is yes. The United States allows non-U.S. entities to register trademarks, but there are specific rules and procedures you must follow. Trademark registration in usa
This guide explains how foreign companies can apply for trademark registration in the USA, step by step, with tips for success in 2025.
Why Foreign Companies Need a U.S. Trademark
Even if you already have a trademark in your home country, it does not automatically protect your brand in the United States. Without U.S. registration, competitors or counterfeiters could:
Use a similar name or logo in the U.S. market
Register your mark before you do
Cause brand confusion and damage your reputation
A U.S. trademark ensures:
Nationwide protection within the USA
Legal authority to stop infringers
Eligibility for brand protection programs on platforms like Amazon and eBay
A valuable asset for future business expansion
Legal Requirement for Foreign Applicants
Since August 2019, the United States Patent and Trademark Office (USPTO) requires all foreign-domiciled applicants to be represented by a U.S.-licensed attorney when filing a trademark.
This means:
You cannot file directly without legal representation.
Your attorney will handle the application, correspondence, and legal responses.
Step-by-Step Process for Foreign Trademark Registration in the USA
Step 1: Choose a Strong Trademark
Your trademark can be a:
Word mark (brand name)
Design mark (logo)
Combination mark (both)
Avoid:
Generic or descriptive terms
Marks similar to existing U.S. trademarks
Symbols or phrases prohibited by U.S. law
???? Tip for foreign brands: Choose a name that works well in English and won’t be misinterpreted in the U.S. market.
Step 2: Conduct a U.S. Trademark Search
Before filing, your U.S. attorney will search the USPTO Trademark Electronic Search System (TESS) to ensure your mark is unique.
They will check for:
Identical or similar names
Phonetically similar words
Visually similar logos
A thorough search reduces the risk of rejection and legal disputes.
Step 3: Decide on the Filing Basis
Foreign companies can apply under different filing bases:
Use in Commerce (Section 1(a)) – If you are already selling goods or services in the U.S.
Intent to Use (Section 1(b)) – If you plan to sell in the U.S. soon but haven’t started yet
Foreign Registration (Section 44(e)) – If you already have a registered trademark in your home country
Foreign Application (Section 44(d)) – If you filed in your home country within the last six months and want to claim priority in the U.S.
Madrid Protocol (Section 66(a)) – If you are filing through the international trademark system administered by WIPO
Your attorney will help choose the best option based on your situation.
Step 4: Identify the Trademark Class
The USPTO uses the Nice Classification System with 45 classes:
Classes 1–34: Goods
Classes 35–45: Services
Example:
Class 25 – Clothing, footwear
Class 43 – Restaurants, hotels
You can register in multiple classes if your brand covers different product categories.
Step 5: Prepare and File the Application
Your U.S. attorney will prepare your application, including:
Owner’s details (company name, country, and address)
Attorney’s details
Representation of the mark (text, image, or both)
Goods/services description and class
Filing fee (TEAS Plus: $250/class, TEAS Standard: $350/class in 2025)
Once filed through the Trademark Electronic Application System (TEAS), you’ll receive a confirmation with a serial number to track your application.
Step 6: USPTO Examination
A USPTO examining attorney reviews the application for:
Compliance with U.S. trademark laws
Conflicts with existing trademarks
Acceptable description of goods/services
If there are issues, the USPTO issues an Office Action. Your U.S. attorney must respond within three months (extendable to six months with a fee).
Step 7: Publication for Opposition
If approved, the mark is published in the Official Gazette for 30 days. During this period, others can oppose your application if they believe it conflicts with their existing rights.
If no opposition is filed—or if you win the opposition—you move forward.
Step 8: Registration
For use-based applications: You’ll receive a Registration Certificate.
For intent-to-use applications: You must submit a Statement of Use with proof of sales in the U.S. before receiving registration.
How Long Does It Take?
In 2025, the average foreign trademark application in the U.S. takes 8–12 months if there are no oppositions or complex legal issues.
Trademark Maintenance for Foreign Companies
Once registered, you must:
File a Declaration of Use between years 5–6
Renew every 10 years with proof of continued use
Failure to maintain your trademark will result in cancellation.
Advantages of U.S. Trademark Registration for Foreign Companies
Stronger Market Entry – Protects your brand from day one in the U.S.
Prevents Brand Hijacking – Stops unauthorized registrations by others.
E-commerce Benefits – Qualifies for Amazon Brand Registry and similar programs.
Licensing Opportunities – Enables brand partnerships and franchising in the U.S.
Legal Protection – Allows you to sue infringers in federal court.
Common Mistakes Foreign Companies Should Avoid
Filing without a U.S. attorney (required by law)
Choosing a mark that’s too similar to an existing U.S. trademark
Not considering language or cultural differences in branding
Failing to file proof of use for intent-to-use applications
Missing renewal deadlines
Final Thoughts
For foreign companies expanding into the United States, trademark registration is not optional—it’s essential. It protects your brand identity, secures your market position, and builds consumer trust in one of the world’s most competitive markets.
While the process has specific legal requirements, especially the need for a U.S.-licensed attorney, following the correct steps ensures a smooth and successful application.
By registering your trademark in the U.S., you’re not just protecting a name or a logo—you’re safeguarding the future of your brand in one of the most lucrative markets on the planet.