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USA Trademark Registration for Indian Businesses – USPTO Filing Through a US Attorney

Last updated: 2 October 2026

Selling in the US, on Amazon US or to American clients? A USPTO registration protects your brand there. Indian applicants must file through a US-licensed attorney. Expertvuw’s team prepares your mark, goods/services and evidence, and coordinates the filing with a US attorney.

Overview

How US Trademark Registration Works

Trademarks in the United States are registered by the United States Patent and Trademark Office (USPTO). Since August 2019, applicants domiciled outside the US — including Indian individuals and companies — must be represented by an attorney licensed to practise law in the US.

Applications can be filed based on actual use in US commerce (with a specimen showing the mark in use) or on a bona fide intent to use, with proof of use filed before registration. From 18 January 2025, the USPTO charges a base application fee of $350 per class, with surcharges for insufficient information, free-form descriptions and long descriptions. An examining attorney reviews the application and may issue an office action that must be answered within the set deadline.

After registration, a declaration of use must be filed between the fifth and sixth year, and renewals every ten years. Alternatively, the US can be designated through a Madrid Protocol application from India.

Basis: US Lanham Act; 37 CFR 2.11 (US attorney requirement for foreign-domiciled applicants); USPTO fee schedule effective 18 January 2025. Last updated: 27 September 2026.

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What This Service Covers

What We Help With

1

Clearance review of your mark for the US market

2

Preparing goods/services descriptions and specimens

3

Coordinating filing with a US-licensed attorney

4

Responding to office actions through the attorney

5

Post-registration maintenance reminders

Key Facts

US attorney required

Foreign-domiciled applicants must use a US-licensed attorney.

Base fee

$350 per class from 18 January 2025, plus any surcharges.

Filing basis

Use in commerce or intent to use.

Specimen

Proof of use in US commerce is required before registration.

Maintenance

Declaration of use between years 5 and 6; renewal every 10 years.

Madrid option

The US can also be designated via Madrid from India.

Common Issues

Common Issues

US filings are strict on descriptions and specimens.

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Related Services

Related services

US filing connects with these services.

International Trademark

Madrid Protocol filing from India.

Trademark Registration

Indian trademark filing.

Delaware Company

Setting up a US company.

Logo Design

Designing a distinctive logo.

Documents Required

Documents we need from you

Applicant Details

Use Details

Our Process

How the Process Works

1

Clearance

Check conflicting US marks.

2

Prepare

Draft descriptions and gather specimens.

3

File

US attorney files with the USPTO.

4

Examination

Examining attorney reviews.

5

Publication

Mark published for opposition.

6

Registration

Certificate issued after use is shown.

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After Registration

After Registration

US registrations need maintenance.

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Get in Touch

Share your query and our team will reply during business hours.






    FAQs

    Frequently Asked Questions

    Can an Indian company register a trademark in the USA?

    Yes, through a US-licensed attorney, as required for foreign-domiciled applicants since 2019.

    From 18 January 2025, the base fee is $350 per class, with possible surcharges.

    No. You can file on an intent-to-use basis, but must show use before registration.

    It can be for multiple countries; the US designation under Madrid has its own fee.

    A declaration of use between years 5 and 6, and renewal every 10 years.

    About Expertvuw

    Who Handles Your US Filing

    CS Chetna Shoor, Company Secretary and Director, Expertvuw

    CS Chetna Shoor

    ACS – Director, Expertvuw Management Pvt Ltd

    Trademark, copyright and design filings are prepared by Expertvuw’s team and filed through registered trademark agents or advocates where the law requires. Patent drafting and prosecution are handled by independent registered patent agents, and representation before the Registrar, the Controller or courts is made by agents or advocates. US filings are made by an independent US-licensed attorney.

    Expertvuw Management Pvt Ltd