US Trademark Registration for Non-US Applicants
A non-US owner can pursue US protection, but the filing basis, domicile, attorney requirement, specimens or intent, and continuing obligations need careful review.
Reviewed:
Who this guide is for
- Foreign founders selling goods or services to US customers
- Companies with a genuine US launch plan and a mark not yet registered there
- Owners comparing current use, intent to use, foreign-priority, and Madrid-related routes
- Businesses preparing to work with a US-licensed trademark attorney where required
The practical problem
The US application asks questions that cannot be answered by incorporation alone. The applicant must choose an appropriate filing basis, identify the goods and services, provide a mark representation, and support use or intent according to the selected route. The USPTO also states that foreign-domiciled applicants and registrants must have a US-licensed attorney represent them. Domicile is not the same as a registered-agent address, and a US entity is not required merely because the market is the United States. A direct application may progress through examination, publication, and possible opposition, while an intent-to-use case can require later evidence and a separate filing step. Official USPTO fees and any professional, attorney, specimen, translation, or response work are separate. Check the current USPTO pages before submission.
Your options
Use in commerce basis
For a mark already used in qualifying US commerce, prepare accurate dates, channels, goods or services, and specimens that show the mark in the way customers encounter it. Do not use token or altered evidence merely to obtain a filing.
Intent-to-use basis
For a genuine plan to use the mark in US commerce, file on that basis and expect further evidence before registration if the application proceeds. The business plan must be real, not a placeholder for a speculative reservation.
Foreign application or registration basis
A qualifying foreign filing or registration may support a US route with its own requirements and limitations. Confirm the relationship, priority information, owner, and deadlines rather than assuming a foreign right transfers automatically.
Madrid designation
A Madrid registration can designate the United States where the holder and basic mark satisfy the system's rules. The USPTO still examines the designation under US law, so a Madrid route is not immunity from refusal or later requirements.
Documents typically needed
- Exact applicant legal name, domicile address, entity type, and ownership details
- Mark drawing or representation and any claim about colour, transliteration, or translation
- Specific goods and services and the selected US filing basis
- US use dates and specimens, or a credible intent-to-use plan and launch evidence
- Foreign application or registration details and priority information where relied upon
- A US-licensed attorney contact and authority documents where the applicant is foreign-domiciled
Common mistakes to avoid
- Using a US registered-agent address as the applicant's domicile
- Selecting use in commerce without genuine qualifying US use and suitable specimens
- Treating intent to use as a way to reserve a name without a real launch plan
- Describing goods and services too broadly or inconsistently with the website and sales evidence
- Ignoring the US-licensed attorney requirement for a foreign-domiciled applicant
- Forgetting that registration brings later maintenance and use-related obligations
How Nomadic Go helps
Nomadic Go can coordinate a preliminary search and an approved standard US application scope, including the applicant facts, mark, class, and proposed basis. A foreign-domiciled applicant must account for the USPTO attorney rule and any required attorney engagement. Our quote and official USPTO charges are separate. The USPTO controls examination and registration; later statements, specimens, maintenance, refusals, oppositions, and disputes may need separate scope. We do not promise approval, and tax services are outside scope.
Frequently asked questions
Can a non-US company register a trademark in the United States?
A non-US applicant may be able to apply if it meets the USPTO's requirements and uses an appropriate filing basis. Foreign domicile, ownership, goods and services, attorney representation, and evidence all matter.
Does a foreign applicant need a US attorney?
The USPTO states that foreign-domiciled applicants and registrants must be represented by a US-licensed attorney. Confirm the current rule and the applicant's domicile before filing, because a registered agent or US mailing address is not the same question.
What is the difference between use and intent to use?
Use requires qualifying use in US commerce and supporting information or specimens. Intent to use is for a genuine plan to use and can require a later filing showing use before registration. The correct basis depends on facts, not preference.
What will the US filing cost?
The USPTO charges by application and class structure and may apply additional charges depending on the filing. Professional preparation, US attorney work, later statements, and responses are separate. Check the current USPTO fee page before payment.
Is a US application guaranteed to register?
No. The USPTO examines each application, and third parties may challenge it. A complete filing improves readiness but cannot guarantee a particular decision, timing, or scope of protection.
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