Yes, of course. You do not need to be a U.S. citizen or live in the United States to register a trademark with the United States Patent and Trademark Office (USPTO). Foreign individuals, entrepreneurs, and businesses can obtain U.S. trademark protection regardless of where they are located.
However, there is one important requirement: If you live outside the United States, you must hire a U.S.-licensed attorney to represent you before the USPTO.
Whether you’re an entrepreneur in Canada, a business owner in the Nigeria, or a company operating in Europe, Asia, or Australia, you can protect your brand in the United States.
Here’s what international applicants need to know about registering a U.S. trademark.
Can Foreigners Register Trademarks in the United States?
Absolutely. The United States allows foreign individuals and businesses to apply for federal trademark registration.
You do not need to have U.S. citizenship, a green card, an American business entity to qualify or an EIN.
For example, you may be eligible to register a U.S. trademark if you are:
A Canadian entrepreneur selling products to American customers.
A Nigerian business expanding into the United States.
A Chinese manufacturer selling products through Amazon.
An Australian company preparing to enter the U.S. market.
A European business seeking to protect its brand internationally.
An individual living outside the United States who intends to launch a U.S. business.
Foreign applicants generally follow the same substantive trademark registration requirements as American applicants. Their marks must qualify for registration, and they must establish an appropriate filing basis.
The primary difference is the requirement for U.S. legal representation.
Do Non-US Citizens Need a Trademark Attorney?
If you are domiciled outside the United States, the USPTO requires you to be represented by a U.S.-licensed attorney.
This requirement became effective on August 3, 2019, and applies to foreign-domiciled trademark applicants and registrants.
Under 37 C.F.R. § 2.11(a):
An applicant whose domicile is outside the United States or its territories must be represented by an attorney qualified to practice before the USPTO.
The requirement is also explained in Trademark Manual of Examining Procedure (TMEP) § 601, which addresses attorney representation based on an applicant’s domicile.
Importantly, the rule is based on domicile, not citizenship.
For example, a Canadian citizen who permanently resides in the United States may be permitted to file without an attorney. Conversely, a U.S. citizen whose permanent residence is in another country generally must retain a U.S.-licensed attorney.
The same requirement applies to foreign businesses whose principal place of business is located outside the United States.
Official USPTO References:
USPTO: Foreign-Domiciled Applicants and Attorney Requirements
TMEP § 601: Requirement for Representation Based on Domicile
What If I Have a U.S. LLC but Live Outside the United States?
This is one of the most common misunderstandings among international trademark applicants.
Some foreign entrepreneurs establish LLCs in states such as Wyoming, Delaware, or Florida and assume that having an American company allows them to file a trademark application without hiring an attorney.
Unfortunately, simply forming a U.S. LLC does not automatically exempt you from the USPTO’s attorney requirement.
Under TMEP § 601.01, the domicile of a business entity is its principal place of business. This is generally the location where its senior executives or officers ordinarily direct and control the company’s activities.
For example, suppose you live in the United Kingdom and establish a Wyoming LLC. Although your company is registered in the United States, you continue managing its operations from London.
If the LLC’s actual headquarters and management are located in London, the company may still be considered foreign-domiciled for USPTO purposes.
Likewise, obtaining a U.S. mailing address, virtual office, registered agent, or mail-forwarding service does not automatically establish a legitimate U.S. domicile.
Can the USPTO Investigate Your U.S. Address?
Yes. The USPTO has procedures for verifying an applicant’s domicile and may request documentation supporting a claimed U.S. address.
If the USPTO questions your address, it may issue an Office Action requiring you to establish that your claimed U.S. domicile is legitimate or appoint a qualified U.S. attorney.
Providing an inaccurate address to avoid the attorney requirement can create significant problems, including delays, possible rejection or abandonment of an application, and potential sanctions in cases involving improper or fraudulent submissions.
The USPTO has specifically identified false U.S. addresses as a concern in its efforts to prevent fraudulent trademark filings.
The bottom line: If you operate your business from outside the United States, forming an American LLC or obtaining a U.S. mailing address is not necessarily a way around the attorney requirement. The USPTO looks at the applicant’s actual domicile, not merely its state of incorporation or mailing address.
Rather than risk delays or complications, it is better to work with a qualified U.S. trademark attorney from the beginning.
Do I Need a U.S. LLC to Register a Trademark?
No. You do not need to establish an American LLC, corporation, or other U.S. business entity to register a trademark.
Foreign individuals and companies can own U.S. trademark applications and registrations directly.
For example, a Canadian corporation can apply to register its trademark in the United States under its existing Canadian business name.
Similarly, an individual living in Australia can file an application in their own name without establishing a U.S. company.
The important consideration is identifying the correct legal owner of the trademark.
Filing under the wrong owner’s name can create serious problems, and certain ownership errors cannot be corrected after filing.
A trademark attorney can help determine whether the application should be filed under your individual name, an existing foreign company, or a U.S. business entity.
Can I Register a U.S. Trademark If I’m Not Selling Products in America Yet?
Yes. You may be eligible to apply for a U.S. trademark even if you have not started selling your products or providing your services in the United States.
The USPTO recognizes several filing bases, including:
1. Use in Commerce — Section 1(a)
If you are already using your trademark in qualifying U.S. commerce, you may be eligible to file based on existing use.
You will generally need to provide appropriate evidence demonstrating how the trademark is being used with your goods or services.
2. Intent to Use — Section 1(b)
If you have a genuine intention to use your trademark in U.S. commerce but have not started doing so, you may file an intent-to-use application.
This allows businesses to begin the registration process before launching in the American market.
However, registration generally cannot issue under this filing basis until the required evidence of use has been submitted and accepted.
3. Foreign Registration — Section 44(e)
If you already own a qualifying trademark registration in your country of origin, you may be eligible to use that registration as the basis for your U.S. application.
This can be particularly useful for established international businesses expanding into the American market.
4. Madrid Protocol — Section 66(a)
Certain foreign trademark owners can seek U.S. protection through the Madrid Protocol international registration system.
The appropriate filing strategy depends on your existing trademark rights, business activities, and expansion plans.
How Much Does It Cost to Register a U.S. Trademark as a Foreigner?
The cost of registering a U.S. trademark generally consists of two components:
USPTO Government Filing Fees
The USPTO charges government filing fees based on the number of classes of goods or services included in your application.
Additional fees may apply depending on the application and its requirements.
Trademark Attorney Fees
Foreign-domiciled applicants must also account for the cost of hiring a qualified U.S. attorney.
Attorney fees vary depending on the services provided, including whether the attorney conducts a comprehensive trademark search, prepares the application, or assists with additional USPTO requirements.
Although hiring an attorney adds to the initial cost, professional assistance can help identify potential conflicts, select appropriate trademark classes, and avoid common filing mistakes. If you would like my office’s assistance, our services can be viewed here.
How Long Does It Take to Register a U.S. Trademark?
Trademark registration is not immediate, the process generally takes 1 year.
After filing your application, the USPTO assigns it to an examining attorney who reviews whether the mark satisfies federal registration requirements.
The process generally includes:
Trademark Search: Evaluating existing trademarks that could conflict with your proposed mark.
Application Filing: Submitting your trademark application to the USPTO.
USPTO Examination: An examining attorney reviews your application for compliance with U.S. trademark law.
Publication: If approved for publication, your trademark is published for a 30-day opposition period.
Registration: If all applicable requirements are satisfied, your trademark may proceed to registration.
The timeline varies based on USPTO processing times, whether an Office Action is issued, and whether additional filings are necessary.
Intent-to-use applications may take longer because applicants must establish qualifying trademark use before registration.
Can a Foreign Business Protect Its Brand on Amazon USA?
Yes. Foreign businesses selling through Amazon’s U.S. marketplace can apply for U.S. trademark registration.
For many international sellers, trademark protection is an important part of establishing and protecting their brands in the American market.
A qualifying pending trademark application or registration may also help sellers meet Amazon Brand Registry eligibility requirements, subject to Amazon’s current policies.
However, filing a trademark application does not guarantee registration or acceptance into Amazon Brand Registry.
Before applying, it is important to determine whether similar trademarks already exist and whether your proposed mark is eligible for federal registration.
Register Your U.S. Trademark From Anywhere in the World
Expanding your business into the United States is an exciting opportunity, but protecting your brand should be part of your expansion strategy.
A U.S. trademark registration can provide valuable legal protections, including nationwide presumptions of ownership and exclusive rights to use the registered mark in connection with the goods or services identified in the registration.
At Morgan Business Solutions, we assist international entrepreneurs and businesses with U.S. trademark registration.
Whether you’re launching a new brand, expanding an existing business, or seeking protection for products sold in the American market, our firm can help you navigate the USPTO registration process.
Our trademark services include comprehensive trademark searches, application preparation and filing, and assistance with USPTO Office Actions.
You don’t need to live in the United States to protect your trademark here. You simply need to follow the proper registration process.
Ready to Register Your U.S. Trademark?
Contact Morgan Business Solutions today to get started with your U.S. trademark application.
We work with clients throughout the world and can assist you with protecting your brand in the United States.