How Foreign Applicants File a US Trademark

Can foreign applicants register a US trademark?

Yes, foreign individuals and companies can register a U.S. trademark, and many do to protect their brand in the American market. The application goes through the same USPTO system, the same intellectual-property framework, and the same classification of goods and services as domestic filings. A foreign applicant can file directly with the USPTO or extend an existing international registration into the U.S. through the Madrid Protocol. The brand-protection rights they receive — nationwide exclusivity in their class — are the same as those a U.S. applicant receives.

Why must foreign-domiciled applicants use a US attorney?

Since 2019 the USPTO has required all foreign-domiciled applicants to be represented by a U.S.-licensed attorney. The rule was introduced to improve the accuracy and integrity of filings and to reduce fraudulent or non-compliant applications. This is a key difference from U.S.-domiciled applicants, who are permitted to file on their own. If you are domiciled outside the United States, appointing a qualified U.S. attorney is not optional — it is a condition of filing. Being accurate about this rule up front avoids a refusal for improper representation.

What are the steps and costs for a foreign applicant?

A foreign applicant files a U.S. trademark by clearing the mark, choosing the correct class, appointing U.S. counsel, and submitting the application. The steps are: (1) run a clearance search against existing U.S. marks; (2) identify the class or classes that match the goods or services; (3) appoint a U.S.-licensed attorney as required; (4) file the application and pay the $350-per-class USPTO fee; and (5) respond to any office action. For U.S.-domiciled applicants, Secure Mark USA files this same application from $99 plus the $350-per-class USPTO fee.

Key takeaways

• Foreign applicants can register U.S. trademarks through the USPTO or the Madrid Protocol.
• Foreign-domiciled applicants are required to use a U.S.-licensed attorney to file.
• U.S.-domiciled applicants are not required to use an attorney.
• The government fee is $350 per class of goods or services.
• Secure Mark USA is a USPTO filing service, not a law firm, and files for U.S.-domiciled applicants from $99 plus the $350-per-class fee.

Frequently asked questions