How Non-US Companies Can Register a US Trademark

Expanding into the United States is a major growth step for international businesses—but it also exposes your brand to real legal risk. Many non-US companies assume they need a U.S. office or American entity before they can protect their brand. That assumption is wrong.

Foreign companies can register a U.S. trademark from abroad, even without a U.S. address. The key is understanding the U.S. trademark filing process for non-US companies, including attorney requirements, filing options, costs, and long-term strategy.

This guide explains how international businesses can secure U.S. trademark protection correctly and efficiently—before copycats, competitors, or distributors do it first.

Related reading: How to Choose a Strong Trademark for Your Business

Why Register a US Trademark as a Foreign Company?

Registering a U.S. trademark gives foreign brands exclusive nationwide rights in the world’s largest consumer market. Without registration, your brand name, logo, or slogan may be legally unprotected—even if you already own trademark rights in another country.

A U.S. trademark helps foreign companies:

• Stop copycats and counterfeiters before they damage brand value
• Protect online sales channels like Amazon, Shopify, and U.S. marketplaces
• Support market entry with distributors, retailers, and partners
• Increase credibility with investors and customers

U.S. trademark protection is often a prerequisite for licensing, franchising, and private-label partnerships. International business planning should not be considered optional, as it is foundational.

To know more about the international trademark system, look into The International Trademark System & Madrid Protocol Explained.

Eligibility: Can Foreign Companies Apply?

Yes. Non-US companies and individuals are fully eligible to register U.S. trademarks. You do not need:

• A U.S. office
• A U.S. bank account
• A U.S. corporation or LLC

Using your overseas address, you can also apply as a foreign corporation, partnership, or individual. However, there is one critical requirement: foreign-domiciled applicants must be represented by a U.S.-licensed trademark attorney. Since 2019, this applies to all trademark filings, office action responses, renewals, and maintenance documents. The attorney must be licensed in at least one U.S. state. Also, should be authorized to practice before the USPTO.

This requirement ensures compliance with U.S. trademark law and prevents filing errors that could invalidate an application. For businesses looking to register a U.S. trademark as a non-US entity, working with qualified counsel is not optional—it is mandatory.

Step-by-Step US Trademark Filing Process for Non-US Companies

The process to apply for a U.S. trademark from outside the US follows the same legal framework as domestic filings. It also comes with a few additional considerations.

1. Conduct a Comprehensive Trademark Search

Before filing, you must confirm your mark is available. The USPTO reviews not only exact matches but also marks that are confusingly similar in sound, meaning, or appearance.

Skipping this step is one of the most common and expensive mistakes foreign companies make.

Make sure to use a professional clearance search to reduce the risk of rejection and identify conflicts early.

Use a professional clearance search to reduce rejection risk and identify conflicts early.

2. Start here: Free Trademark Search Tool

Select the Correct Filing Basis

• Intent to Use (ITU):
  Ideal if you are not yet selling in the U.S. but plan to do so.

• Use in Commerce:
  Available if you are already selling goods or services in the U.S.

• Foreign Registration / Priority Claim:
  If you have already filed or registered your trademark in another country.

Choosing the wrong basis can delay registration or increase costs. As such, this decision should be made carefully with legal guidance.

3. Pick the Right Trademark Classes

U.S. trademarks are registered by class, based on the Nice Classification system. Each class covers specific goods or services.

Common errors include:

• Choosing classes that are too broad
• Filing for future products with no clear plan

Accurate classification speeds up the approval and also reduces office actions.

4. Prepare and Submit the Application via TEAS

Applications are filed electronically through the USPTO’s TEAS system. The details that are required for it include:

• Trademark name or logo
• Owner information
• Goods/services descriptions
• Filing basis
• Specimen

Your U.S. attorney prepares and submits the application to ensure compliance.

5. Respond to Office Actions

If the USPTO identifies issues, it issues an Office Action. Common reasons include:

• Likelihood of confusion
• Descriptiveness
• Improper wording or specimens

Responses must be filed within strict deadlines (usually 3–6 months). Your attorney handles all communication with the USPTO.

6. Approval and Timeline

Most applications take 10–12 months or longer to reach registration. While pending, your filing date establishes priority, protecting your rights during examination.

US-Based Attorney Requirement for Non-US Businesses

The U.S. attorney requirement applies for the entire life of the trademark, including renewals and enforcement filings. This ensures legal accountability and reduces fraudulent or incorrect filings.

Although it adds cost, it significantly increases approval rates and long-term protection.

Madrid Protocol vs Direct USPTO Filing: Which Is Better?

International companies often ask whether they should file directly with the USPTO or use the Madrid Protocol. The answer depends on your expansion strategy.

Many global brands use a hybrid strategy: Madrid for broad coverage and direct USPTO filings for critical markets like the U.S.

Cost of Filing a US Trademark From Abroad

The cost of filing a U.S. trademark from abroad typically includes:

• USPTO filing fees: $250–$350 per class
• Attorney fees: $1,000–$2,500 (varies by complexity)
• Total average cost: $2,000–$5,000+

Madrid filings include additional WIPO and per-country fees. Trademarks must be renewed every 10 years, with maintenance filings required earlier.

Common Mistakes Foreign Companies Make

Many international businesses delay or lose protection by:

• Skipping trademark searches
• Filing under the wrong class or basis
• Assuming foreign registration protects them in the U.S.
• Attempting to file without a U.S. attorney
• Avoiding these errors saves time, money, and brand equity.

Post-Approval: Maintaining Foreign Brand US Trademark Protection

Trademark registration requires ongoing care. Owners must:

• File declarations between years 5–6

• Renew registrations every 10 years

• Actively monitor and enforce their rights

Failing to maintain a trademark can lead to cancellation—even after approval.

Bottom Line

The U.S. market offers enormous opportunity but only for brands that protect themselves early. With the right strategy and proper legal support, U.S. trademark registration from abroad is straightforward and highly effective. If you are planning to enter the U.S. or already operating there, now is the time to secure your brand.

Start with a professional consultation from Trademark Engine to ensure your filing is done correctly from day one.

FAQ’s

Can I register a US trademark from abroad if not selling yet?

Yes. The Intent to Use filing basis allows you to reserve rights before entering the U.S. market.

Do trademarks work internationally?

No. Trademarks are territorial. U.S. protection does not automatically extend to other countries.

How long does a US trademark last?

Indefinitely, as long as maintenance filings are made and the mark remains in use.

Can a foreign company register a trademark in the US?

Yes. Foreign companies can register without a U.S. office, but must use a U.S.-licensed trademark attorney.

How much does it cost to register a US trademark from abroad?

Most foreign applicants spend between $2,000 and $5,000, including government and attorney fees.