How to File a US Trademark from Another Country (2026 Guide)

**TL;DR: Foreign-domiciled applicants MUST have a US-licensed attorney of record. You can prepare your own application, but a US attorney must submit it. TradeMaker handles the preparation. Melivate Group provides the attorney.** ## Can You File a US Trademark From Another Country?

Yes. The USPTO does not require US citizenship or residency to file a trademark. What it does require:

- **A US-licensed attorney** if your address is outside the United States (mandatory since August 2019) - **Use in commerce** or a bona fide intent to use the mark in US commerce - **Proper international class selection** from the 45 Nice Classification categories

This guide walks through everything you need.

## Step 1: Determine Your Filing Basis

The USPTO offers four filing bases. Which one applies depends on your situation:

### Section 1(a) — Use in Commerce You are already using the mark in US commerce (selling products or services to US customers). You must provide: - The date you first used the mark anywhere - The date you first used it in US commerce - A specimen showing the mark in use (product packaging, website screenshot, etc.) ### Section 1(b) — Intent to Use You plan to use the mark in US commerce but haven't started yet. This is common for: - International entrepreneurs entering the US market - Pre-launch brand protection - Amazon Brand Registry preparation **Key difference with 1(b):** You will need to file a Statement of Use (SOU) later with an additional $150/class fee once you start using the mark. ### Section 44(d) — Foreign Application Priority You filed a trademark application in your home country within the last 6 months. You can claim the priority date of that foreign application. **Why this matters:** Your US filing date goes back to the date you filed in your home country. If someone else filed the same mark in the US during those 6 months, your priority claim beats them. ### Section 44(e) — Foreign Registration You already have a registered trademark in your home country. You can use that registration as the basis for your US filing. **Tip:** This is the easiest path if available. No need to prove US use, no SOU filing later. ## Step 2: Choose Your International Class(es)

The USPTO uses the Nice Classification system — 45 classes covering all goods and services. Picking the wrong class is the #1 reason applications get rejected.

**Common classes for international businesses:** | Class | Category | Example Products | |-------|----------|-----------------| | 9 | Software & electronics | Mobile apps, SaaS, headphones | | 25 | Clothing | Apparel, footwear, headwear | | 35 | Advertising & retail | Online store services, marketing | | 41 | Education & entertainment | Online courses, streaming | | 42 | Technology services | SaaS platforms, web development |

Use our free class search tool to find the right class(es) from your business description: trademaker.app/class-search

## Step 3: Get a US-Licensed Attorney

If your address is outside the US, the USPTO requires you to designate a US-licensed attorney. This is not optional.

**What the attorney does:** - Verifies your identity - Reviews your application for completeness - Submits the filing to the USPTO on your behalf - Receives all USPTO correspondence **What the attorney doesn't do:** - Does not need to give legal advice (though many do) - Does not guarantee registration - Can be limited to filing-only representation

TradeMaker partners with Melivate Group to provide US attorney of record services for international filers.

## Step 4: Prepare Your Application

Your application needs: 1. **The mark** — word mark, design mark, or both 2. **Applicant information** — name, address (can be foreign), entity type 3. **Filing basis** — one of the four options above 4. **Goods and services description** — written in USPTO ID Manual language (saves $200/class surcharge) 5. **Specimen** — if filing under 1(a), proof of use in US commerce 6. **Filing fee** — $350/class, paid to USPTO

**Cost breakdown for a 1-class filing:** - USPTO filing fee: $350 - TradeMaker preparation: $199 - US attorney (via Melivate Group): varies - Total estimated: $549 + attorney fee ## Step 5: File with the USPTO

Your attorney submits the application through the USPTO Trademark Center. You receive: - A serial number (same day) - Status updates through TradeMaker portal - Notification of any USPTO correspondence

## Madrid Protocol Option

If you need trademark protection in multiple countries (not just the US), the Madrid Protocol lets you file one WIPO application that extends to 130+ countries.

**Requirements:** - You must have a US application or registration first (this becomes the "basic application") - Your US and foreign marks must be identical - You designate which countries you want protection in **Cost:** Approximately $500-1,500 in WIPO fees plus country-specific designation fees. **When Madrid makes sense:** - You plan to sell in 3+ countries - You want centralized renewal management - Your brand name is available in target countries **When direct filing is better:** - You only need US protection now - Your mark faces potential objections in specific countries - You want faster examination (direct US filing is typically faster) ## What Not to Do - **Don't file without a US attorney** — your application will be suspended/refused - **Don't guess your class** — use our free class search tool - **Don't write free-form descriptions** — you pay $200/class extra - **Don't wait until your home country filing expires** — 44(d) priority only works within 6 months of your foreign filing date ## Common Questions from International Filers **I already have an EU trademark. Does it protect me in the US?** No. US trademark rights are territorial. An EUIPO registration provides zero protection in the US. You must file separately with the USPTO. **Can I file a US trademark without a US address?** Yes. Your address can be international. But you still need a US-licensed attorney to file on your behalf if your address is outside the US. **How long does a US trademark take for foreign applicants?** The same timeline as domestic applicants: 12-18 months for registration. International processing doesn't add extra time. **[Start your US trademark filing →](/intake)** — TradeMaker prepares your application. Melivate Group provides US attorney representation.

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*TradeMaker is a trademark filing preparation platform, not a law firm. We do not provide legal advice. For complex trademark matters, consult a licensed attorney. We recommend Melivate Group (melivate.com).*