AF International Agency

U.S. trademark registration

U.S. trademark registration for foreign companies

U.S. trademark registration for foreign companies that want to sell under their own brand: we coordinate the clearance search, the application and the follow-up, and a licensed U.S. trademark attorney files it with the USPTO.

Applications are filed by a licensed U.S. trademark attorney. AFI is not a law firm.

[TODO] Real photo, graded cool. 1200×1500 AVIF.
Fig. 01: [TODO photo] U.S. trademark registration for foreign companies: reviewing a brand before filing

Why register a trademark in the USA before you sell

A trademark registered in China or the EU does not protect your brand in the United States. U.S. rights come from use in U.S. commerce or a registration with the U.S. Patent and Trademark Office (USPTO).

Without a U.S. registration, a distributor, reseller or competitor can file your brand name first. Buyers and marketplaces also ask who owns the brand before they list it, and a registration number answers that question.

If you plan to build your own U.S. accounts through U.S. sales representation or a U.S. distributor search, register the brand before those conversations start.

Foreign applicants must file through a U.S. attorney

Since August 2019, the USPTO has required any applicant domiciled outside the United States to be represented by an attorney licensed in a U.S. state. A foreign company cannot file a USPTO trademark application on its own, and AFI cannot file it either.

We work with independent, licensed U.S. trademark attorneys. The attorney runs the legal side: the clearance opinion, the application, and replies to the USPTO. AFI handles the rest: collecting what the attorney needs from your team, relaying questions and answers, tracking deadlines, and keeping your brand plans aligned with your U.S. sales work.

You are the attorney’s client, and the attorney advises you directly. [TODO] Confirm the attorney arrangement with AFI: named firm, and whether the client engages the attorney directly.

What goes into a USPTO trademark application

Each application covers one mark: a word mark, a logo or both. It lists the goods or services you sell under that mark, grouped into classes. Each class adds a government fee, so choosing the right classes matters.

Foreign companies can file on several bases: current use in U.S. commerce, intent to use, or an existing registration or application in their home country. Some can also extend a home registration to the U.S. through the Madrid Protocol. The attorney recommends the basis that fits your situation.

After filing, a USPTO examining attorney reviews the application. That review usually takes several months, and the examiner may issue an office action asking for changes. The attorney replies to it, and we keep you updated at each step.

How it works

How U.S. trademark filing works with AFI

  1. Step 01

    Brand review

    We collect your mark, products and any home-country registrations, and confirm what you want to protect.

  2. Step 02

    Clearance search

    The attorney searches for conflicting U.S. marks and gives you an opinion before you file.

  3. Step 03

    Application

    The attorney prepares and files the USPTO application; we check the details with your team first.

  4. Step 04

    Examination and follow-up

    We track the application, and the attorney answers any office action until registration or a final decision.

Questions about u.S. trademark registration

Can a foreign company register a trademark in the USA?

Yes. A company based outside the U.S. can own a U.S. trademark registration. It must file through an attorney licensed in a U.S. state, which is why applications are filed by our partner attorney.

Does AFI file the trademark application itself?

No. AFI is not a law firm. A licensed U.S. trademark attorney prepares and files the application and gives the legal advice. AFI coordinates the process and works with your team.

How much does U.S. trademark registration cost?

The USPTO charges a fee for each class of goods or services in the application, plus the attorney’s fees. We quote the full cost per mark after the brand review. See pricing.

How long does U.S. trademark registration take?

Usually many months, often more than a year. The USPTO sets the examination timeline, and an office action or an opposition adds time.

We already have a trademark in China. Do we still need a U.S. one?

Yes. Trademark rights are national. A Chinese registration can be used as the basis for a U.S. application, but it does not protect the brand in the U.S. on its own.

Book a consultation

Tell us what you make and what you need from u.S. trademark registration. We reply by email within 24 hours to arrange a call.

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