How International Entrepreneurs Can File for a US Trademark

You Built Something Worth Protecting — Now Let's Talk About the US Market

You've put real work into your brand. Your logo, your name, your product — they represent everything you've built. And if you're selling in the US, or planning to, protecting that brand through a US trademark isn't just a smart move. It's a necessary one.

Here's the good news: you don't need to be a US citizen or even have a physical presence in the United States to register a trademark with the USPTO (United States Patent and Trademark Office). International entrepreneurs file US trademarks every day. You just need to know how the process works.

This guide walks you through exactly that.

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Can Foreign Nationals File a US Trademark?

Yes — absolutely. US trademark law does not require you to be a citizen or resident. If you have a legitimate interest in protecting your brand in the US market, you can file a trademark application directly with the USPTO.

That said, there are a few important rules that apply specifically to foreign applicants:

• **You must have a US-licensed attorney represent you.** Since August 2019, the USPTO requires all foreign-domiciled trademark applicants to be represented by a licensed US attorney. This rule applies whether you're filing a new application, responding to an Office Action, or renewing a registration.
• **Your application must be filed in English.** All USPTO filings are conducted in English.
• **You must have a valid basis for filing.** More on that below.

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Understanding the Filing Basis for Foreign Applicants

Before you file, you need to establish a legal basis for your application. As a foreign entrepreneur, you typically have a few options:

Use in Commerce (Section 1(a))

If you're already selling your products or services to US customers, you can file based on actual use in commerce. You'll need to provide a specimen — a real-world example of your mark being used (like a product label, website screenshot, or packaging).

Intent to Use (Section 1(b))

Not selling in the US yet, but planning to? You can still file based on a bona fide intent to use the mark in commerce. This reserves your rights to the mark while you get your US business going. You'll need to submit proof of use before your mark is fully registered.

Foreign Registration (Section 44(e))

If your mark is already registered in your home country, you can use that registration as the basis for a US application. This can speed up the process in some cases.

Madrid Protocol (Section 66(a))

If your country is a member of the Madrid Protocol (most are), you can file an international trademark application through your country's trademark office and designate the US as one of your target countries. The USPTO will then examine the application under US law.

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Step-by-Step: How to File a US Trademark as an International Applicant

Step 1: Choose Your Mark and Run a Trademark Search

Before you file anything, do your homework. Search the USPTO's TESS database (Trademark Electronic Search System) to see if a similar mark is already registered in your category. A conflicting mark will get your application rejected — and you'll have wasted both time and money.

It's also worth doing a broader search beyond just the USPTO database. Similar marks that are in use but not yet registered can still create legal problems down the road.

Step 2: Identify Your Goods and Services

US trademark registrations are tied to specific goods and services, organized into 45 international classes. You need to clearly identify what products or services your mark will cover. Being too broad or too vague can get your application flagged.

Step 3: Hire a US-Licensed Attorney

This isn't optional for foreign applicants. The USPTO requires it. But beyond compliance, having a knowledgeable US trademark attorney in your corner makes a real difference. They'll help you choose the right filing basis, nail the description of your goods and services, and handle any Office Actions that come up during examination.

Trademark Engine connects you with experienced US attorneys who handle international filings regularly. You won't be navigating this alone.

Step 4: File Your Application via TEAS

The actual filing is done through the USPTO's Trademark Electronic Application System (TEAS). There are two main forms:

• **TEAS Plus** — Lower filing fee, stricter requirements (you must use pre-approved goods/services descriptions)
• **TEAS Standard** — Higher filing fee, more flexibility in describing your goods and services

Filing fees start at $250 per class for TEAS Plus and $350 per class for TEAS Standard (as of the latest USPTO fee schedule — always confirm current fees before filing).

Step 5: Wait for USPTO Examination

Once filed, your application is assigned to a USPTO examining attorney. They'll review it for compliance with US trademark law. This process typically takes several months. If everything looks good, your mark will be published in the Official Gazette for a 30-day opposition period, during which third parties can challenge it.

Step 6: Respond to Any Office Actions

If the examining attorney has questions or objections, they'll issue an Office Action. Common reasons include likelihood of confusion with an existing mark, a vague description of goods/services, or a missing specimen. You'll have a window to respond — usually three months (extendable to six).

This is where having a good attorney really pays off.

Step 7: Registration (or Statement of Use)

If you filed based on use in commerce and there are no oppositions, your mark proceeds to registration. If you filed on intent to use, you'll need to submit a Statement of Use proving your mark is now being used commercially before the registration is finalized.

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How Long Does It Take?

The USPTO trademark process has slowed in recent years due to high application volumes. Here's a realistic timeline for most international applicants:

• **Initial examination:** 8–12 months from filing date (sometimes longer)
• **Publication and opposition period:** ~30 days after approval
• **Registration (use-based):** A few weeks after the opposition period closes
• **Statement of Use (intent-to-use):** You'll have up to 36 months to submit proof of use after the Notice of Allowance

In total, expect anywhere from 12 to 24 months for the full process, depending on complications and your filing basis.

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What Happens After Registration?

Registration isn't the finish line — it's the starting point. To keep your US trademark alive, you'll need to:

• **File a Declaration of Use** between years 5 and 6 after registration
• **Renew your registration** every 10 years
• **Actively monitor** for infringement and file oppositions when necessary

Trademark Engine can help you stay on top of all of these ongoing requirements, so your brand stays protected long after the initial filing.

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Common Mistakes International Entrepreneurs Make

Even smart business owners slip up during the trademark process. Here are the pitfalls to watch out for:

• **Filing without a US attorney** — The USPTO will reject your application if you're foreign-domiciled and unrepresented.
• **Picking the wrong filing basis** — Choosing Section 1(a) when you're not actually selling in the US yet can invalidate your application.
• **Overly broad goods/services descriptions** — Vague language gets flagged. Be specific.
• **Skipping the trademark search** — Filing without searching first is one of the most expensive mistakes you can make.
• **Missing deadlines** — USPTO deadlines are strict. Missing a response window can abandon your application.

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Why Trademark Engine?

Filing a US trademark from abroad is doable — but it's not something you want to wing on your own. At Trademark Engine, we make the process straightforward for international entrepreneurs. We pair you with a licensed US trademark attorney, guide you through the filing process step by step, and keep you informed at every stage.

Whether you're based in Canada, the UK, India, Australia, or anywhere else, we're here to help you protect your brand in the world's largest consumer market.