How to Register a Trademark in the USA from India?

Last Updated on August 13, 2026

Indian companies moving into the United States will typically register their brand name, logo, product identity or service mark prior to filing for trademark protection. If the Indian company lacks a strategy for trademark protection in the United States, someone else could apply for the same trademark first, create confusion in the marketplace, or bar the Indian company from use of its brand in the U.S.

A trademark application for the United States is submitted to the United States Patent and Trademark Office (USPTO). The Indian company may submit its application directly to the USPTO or through the Madrid System for international registration provided that the requirements are met. A foreign-based applicant must be represented before the USPTO by a U.S.-licensed attorney.

This guide highlights applicants, searching and class selection, U.S. filing bases, filing documents, official fees, examination, oppositions, registration and renewal, and common mistakes.

What is a U.S. Trademark?

A trademark can be defined as a word, phrase, symbol, design or combination that distinguishes the origin of goods and services. In case of services, a similar term called a service mark serves the same purpose.

In case of an Indian company, the trademark could consist of the following:

• Company/Brand name.
• Name of the product.
• Symbol/logo.
• Slogan/tag line.
• Branding/packaging.
• Internet/software brand name.

The scope of protection of a U.S. trademark is always limited to the goods and services mentioned in the application. This means that it does not grant the owner the rights in the word in all the industries. The USPTO will examine whether the mark is distinctive, conflicting and whether the specification of goods/services is proper or not.

Why Should Indian Businesses Register a Trademark in the USA?

• To protect the brand in the USA: Filing for a trademark can strengthen the legal standing of the company in regard to the registered goods/services and prevent unauthorised use.
• To support the expansion in the USA: A registered/pending trademark can be used to support the business in its e-commerce, distribution, franchising, licensing, SaaS and other expansion activities.
• To reduce marketplace disputes: A trademark can assist in handling marketplace issues that are caused by confusingly similar branding on websites, social media, online marketplaces and advertisements.
• To improve the business value: The protected trademark will help to recognise the brand as an intangible asset of the business, which will allow for investment and licensing.
• To become nationally visible: A federal trademark registration is a much more powerful tool than common-law use of the mark in particular places

Who Can Apply for a U.S. Trademark from India?

The Applicant can be:

• An Indian Private Limited company or Public Company.
• A Section 8 Company or any other qualified Non-Profit organisation.
• An LLP or Partnership Firm.
• Proprietorship/Individual.
• Start-Up/E-commerce firm.
• Foreign firm owning and controlling the trademark.

The application needs to be filed in the name of the entity/person who owns the mark and controls the nature and quality of the goods/services being offered. The filing in the name of the founder, employee or even an Indian Parent Company in case of another entity owning the brand may give rise to issues of ownership of the mark.

A foreign resident applicant must be represented by a registered attorney in the United States.

Eligibility and Requirements for U.S. Trademark Registration

The trademark sought should:

1. Have the capability of distinguishing the source of the goods or services.
2. Not be confusingly similar to an existing live trademark on related goods or services.
3. Have an appropriate filing basis.
4. Have an accurate description of the goods or services.
5. Have proper ownership on the part of the applicant.
6. Meet all the filing and examination requirements of the USPTO.

The search shouldn’t confine itself to exact matches only. According to the USPTO, trademarks can be considered confusingly similar in case they look similar, sound similar, have a similar meaning, and create a similar impression commercially. Related goods and services may lead to conflict even though they belong to different international classes.

All applicants, including foreign-domiciled ones, must provide a verifiable street address (not a P.O. box) as part of the application. This domicile information determines the attorney-representation requirement and is separately verified by the USPTO.

Choose the Correct U.S. Trademark Class

The United States follows the Nice Classification system internationally, but the USPTO needs a proper and acceptable description of goods/services.

Examples:

• Class 9 – downloadable software, mobile applications, and certain electronic goods.
• Class 25 – clothing, footwear, and headgear.
• Class 35 – advertising services, business management services, retail services and e-commerce services.
• Class 41 – education services, training services, entertainment services and publishing services.
• Class 42 – software as a service, technology and scientific services.
• Class 43 – restaurant, food and accommodation services.

The correct class will depend on the actual goods/services offered by the business, rather than simply industry type. An e-commerce business could require trademarking of their products and also for their retail or e-commerce services.

Too broad or unclear descriptions can cause trouble with the USPTO, additional costs or an inaccurate application.

Check Whether Your Brand Is Available in the USA! A similar U.S. trademark may affect your launch or expansion plans. Get preliminary search and risk-assessment support before investing in branding and marketing.

Documents Required for U.S. Trademark Registration from India

The required information may include:

• Legal name and address of the applicant.
• Indian incorporation or registration details.
• Ownership information.
• Clear representation of the word mark or logo.
• Description of goods or services.
• Selected filing basis.
• Date of first use, where applicable.
• Specimen showing use in commerce, for a use-based application.
• Details of any foreign application or registration, where Section 44 applies.
• S.-licensed attorney details and authorisation.
• Translation or transliteration of non-English wording, where relevant.
• Priority information, if claimed.
• Evidence supporting responses to USPTO objections, where required.

For services, a specimen may include a website page, advertisement, brochure or other material showing the mark used in connection with the services. For goods, it may include packaging, labels, product displays or a webpage showing the mark with the goods and purchasing information.

U.S. Trademark Filing Bases Available to Indian Applicants

1. Section 1(a): This basis can be invoked where the applicant is currently using the mark in commerce, which Congress regulates. In most cases, the applicant is supposed to offer dates of use and specimens.
2. Section 1(b): An applicant is able to file for registration if he/she has a good intention to use the mark in US commerce, but is yet to start qualifying use of the mark. Registration cannot happen until after the submission of evidence of use and payment of the necessary fee.
3. Section 44(d): An applicant is able to claim priority based on a prior foreign application if there is compliance with statutory requirements and filing deadlines. The application from India should be studied properly to invoke this basis.
4. Section 44(e): An applicant might be able to file based on a qualified foreign registration. The foreign registration, the ownership information, and the identification of the goods/services offered must satisfy the requirements of the US.
5. Section 66(a): The Indian entity can apply using the Madrid Protocol provided there exists a necessary connection between the applicant and one of the members of Madrid. The United States must be designated and examined by USPTO.

Step-by-Step Process to Register a Trademark in the USA from India

1. Determine trademark owner: Determine the rightful owner of the brand in question.
2. Conduct the trademark search: Conduct an intellectual property search through IP India, USPTO, internet searches, social media, and relevant marketplaces.
3. Evaluate the registrability: Examine distinctiveness, descriptiveness, conflicts, and prohibited marks.
4. Pick goods or services: Formulate the identification based on actual or intended use of the trademark in U.S. commerce.
5. Decide filing basis: Choose whether you will use in commerce, intent to use, foreign application, foreign registration or the Madrid Protocol.
6. Name a U.S.-licensed attorney: The foreign applicant is required to be represented by a qualified attorney before the USPTO.
7. Prepare the application: Give details on ownership, mark details, classes, filing basis, and any other required documents.
8. Submit the application to the USPTO: Lodge your application, pay the required official fee and obtain a serial number. Note: the USPTO’s legacy TEAS filing system was retired in 2025 and replaced by the Trademark Centre, the current online portal for filing and managing applications.
9. Examination: The examining attorney can issue an Office action requiring amendment or making objections.
10. Respond timely: Respond to the trademark objection, description, specimen, disclaimer or other requirements as required within the applicable time frame.
11. Publication and opposition: Upon acceptance, the trademark is published in the Trademark Official Gazette. Parties other than the applicant usually have 30 days to file an opposition or request an extension.
12. Register the trademark: The application based on use can move forward for registration after the opposition period, and the application based on an intent to use must generally receive a Notice of Allowance.
13. Maintain the registration: Keep using the trademark and filing maintenance documents and renewal applications on time.

Prepare Your U.S. Trademark Application Properly! Incorrect classes, ownership details or filing bases can lead to delays and Office actions. Get support with document preparation and filing coordination from India.

USPTO Fees and Cost of U.S. Trademark Registration

Currently, the USPTO states a basic filing fee of US$350 per class in case of Section 1 and Section 44 applications that comply with the necessary conditions. Additional fees could be accrued due to an incomplete application, insufficiency of description, intent-to-use application, statement of use, extension, amendment, petition, opposition or any other procedure.

Since 18 January 2025, the USPTO replaced its old TEAS Plus/Standard tiers with one $350/class base fee plus surcharges: $100 per class if required information (like applicant domicile, English translation, or verified statement) is missing, and $200 per class if goods/services are described in free text instead of the USPTO’s pre-approved ID Manual entries plus a further per-class charge for unusually long custom descriptions. A “clean” filing using ID Manual language stays at $350; a custom, incomplete one can run to $550–$650+ per class.

Some of the possible costs include:

• Filing fee per class with the USPTO.
• Fee for a U.S.-licensed attorney’s service.
• Trademark search fee.
• Statement of use or amendment-to-allege-use fee.
• Extension request fee for an intent-to-use application.
• Office action response fee.
• Opposition or cancellation fee.
• Madrid Protocol and WIPO fees in case of that procedure.
• Professional or coordination fee in India.

Timeline for U.S. Trademark Registration

There is no assured registration schedule. The timeline varies depending on:

• Search and quality of filing.
• USPTO examination backlog.
• Office action letters.
• Problems with specimens or identification.
• Opposition or extensions.
• Intent to use requirement.
• Time taken to respond.

The USPTO publishes an application for opposition after approval. The opposition stage typically takes about 30 days after the filing is published.

U.S. Trademark Compliance After Registration

In the case of a registered trademark in the United States, the trademark owner is expected to:

• Keep using the trademark in qualifying commerce.
• Use the trademark in accordance with the registration.
• File the required maintenance documentation.
• Submitting the Section 8 Declaration of Use from the fifth to the sixth year after registration.
• Filing the combined Section 8 Declaration of Use and Section 9 Renewal Application from the ninth to the tenth year and every ten years thereafter.
• The Section 8 declaration and Section 9 renewal filing fees also increased under the 2025 schedule budget, roughly $325–$650 per class for each maintenance filing, not just the initial registration.
• Keep monitoring for any unauthorised and similar trademarks.
• Keep evidence of use and ownership of the trademark.
• Filing of assignments or name changes, if necessary.
• Filing for domain names and social media independently from trademark registration.
• Use the ™ symbol while an application is pending or in use without registration; the ® symbol can only be used once the mark is federally registered. Using ® prematurely can undermine the application.

Penalties and Consequences

Non-Compliance can result in:

• Rejection of the pending application.
• De-registration.
• Revocation due to lack of use of the mark and/or non-payment of renewal fees.
• Lack of proper enforcement against the infringers.
• High legal costs incurred during any dispute.
• Removal from the marketplace or issues with brand registrations.
• Loss of the right to priority over another applicant.
• Misrepresentation of ownership or use of the mark.

Keep Your U.S. Trademark Compliant! Registration is only the beginning. Track maintenance filings, renewal deadlines and evidence-of-use requirements to help keep your U.S. trademark active.

Common U.S. Trademark Registration Mistakes by Indian Businesses

• Making the false assumption that Indian trademark registration protects their brand in the USA.
• File an application without performing the clearance search in the USA.
• Use the business address of an Indian business without appointing an attorney licensed to practice in the USA.
• File on the grounds of activity which is not true in reality.
• File an intent-to-use application without having a solid business plan.
• Using mock-ups and/or digital manipulation of specimens showing non-use.
• Using too broad and/or not accurate specification of goods/services.
• Filing on behalf of the founder of a company while the company owns the brand.
• Omitting translation/transliteration of mark into English.
• Missing deadlines of Office Action, Statement of Use or maintenance.
• Assuming registration in one class covers all products and services.
• Treating a Madrid registration as automatic U.S. approval.

Benefits of Registering an Indian Brand Trademark in the USA

• Enhances the protection of your brand in the U.S.
• Facilitates e-commerce activities, distribution and licensing.
• Assists in avoiding any confusion with similar brands.
• Establishes a federal record of your trademark.
• Provides an avenue for enforcement and complaints.
• Enhances the value of your business.
• Aids in formulating an international brand strategy.

India Trademark vs U.S. Trademark Protection

Aspect	Indian Trademark	U.S. Trademark
Main authority	IP India / Trade Marks Registry	USPTO
Territorial scope	India	United States
Application system	IP India trademark filing system	USPTO trademark filing system
Attorney requirement	Depends on applicant and representation	Foreign-domiciled applicants must use a U.S.-licensed attorney
Search requirement	Search Indian marks and market use	Search USPTO records and relevant U.S. market use
Filing basis	Use or proposed use under Indian law	Use in commerce, intent to use, foreign application/registration or Madrid
Post-registration requirement	Renewal and use-related compliance	Maintenance filings, declarations of use and renewal
Automatic protection in the other country?	No	No

Madrid Protocol for Indian Businesses

With the Madrid System, an eligible applicant can apply for protection in more than one member state with one single international application. Before applying, the applicant is expected to have a national application or registration, called the basic mark, at the Office of origin.

In case of an Indian applicant with India being the Office of origin, the applicant should be an Indian national or domicile of India or having an actual and effective industrial or commercial establishment in India together with the necessary Indian basic application or registration.

The following are the processes involved:

• Filing or maintaining the Indian basic mark.
• Preparation of the international application via the Indian IP office process.
• Designation of the United States and other target countries.
• Payment of WIPO and other national fees.
• Formal examination by WIPO.
• Examination of the mark by each designated country, including the United States, according to their respective laws.

Although the Madrid filing system makes the multi-state application process easier, it does not necessarily exempt the application from substantive examination by USPTO. USPTO rejection may still occur due to reasons of confusion, descriptiveness, or specimen or identification problems.

Practical Scenario: Registering an Indian SaaS Brand in the USA

An Indian SaaS firm wants to offer a subscription-based project management software in U.S. markets. They start by verifying the ownership of the brand and conducting USPTO clearance, analysing competing software trademarks and choosing appropriate software and technology services classes.

Since the Indian firm hasn’t started qualifying activity in U.S. commerce, it might want to make an intent-to-use filing if there is a true intention to market. It hires a U.S.-licensed attorney, makes the filing and will later provide evidence of use for registration.

In case the Indian company offers the software to its U.S. consumers in qualifying commerce, it might instead analyse the use-based filing with proper supporting documentation. The right course of action would depend on the facts.

How Kanakkupillai Can Help With U.S. Trademark Registration?

1. Trademark Strategy for the U.S.

• Evaluate your business plan in India and your planned market and branding strategy in the U.S.
• Evaluate whether your USPTO or Madrid Protocol approach might be the better option.
• Work with your U.S. trademark lawyer if needed.

2. Searching for Available Trademarks

• Perform preliminary searches of the USPTO for identical or similar trademarks.
• Identify any potential conflicts in terms of spelling, pronunciation, meaning, or related goods/services.

3. Trademark Class and Basis of Application

• Help to determine the proper classes of goods or services for your U.S. operations.
• Evaluate whether use-in-commerce, intent-to-use, foreign application, or foreign registration should be the basis of your application.
• Coordinate drafting an accurate description of your goods or services.

4. Documentation and Application Preparation

• Help manage incorporation papers, ownership data, branding documentation, and other supporting documents.
• Help prepare documents for the USPTO application or Madrid Protocol filing.
• Work with the assigned U.S. lawyer to ensure consistency of filing documents.

5. USPTO Examination and Filing Coordination

• Help keep track of the application serial number, its examination status, and all communications.
• Help manage responses to the office actions, specimens, and classification objections.
• Manage the communication process between the parties regarding the U.S.-licensed trademark attorney.

6. Post-Registration Requirements and Renewal

• Keep track of the deadline dates for U.S. trademark maintenance and renewal.
• Help manage evidence of usage, declaration, and renewal documentation.
• Help manage ownership changes, licensing, and unauthorised use of the registered trademark.

Take Your Indian Brand to the U.S. With Confidence! Planning to sell products, offer services or launch an online business in the United States? Protect your brand before entering the market.

Conclusion

Registration of a trademark in the USA from India involves much more than just making an equivalent filing of the Indian application on another portal. The company will need to conduct a clearance search specific to the U.S., select goods/services classes, choose the right filing basis, hire a U.S.-licensed attorney, etc.

The Indian registration does not mean protection of the brand in the United States. The companies need to have an arrangement of trademark protection in the U.S. before launching, licensing, marketplace sales or distributorships. The Madrid Protocol could be useful for filing in many countries at once; however, the USPTO will follow the U.S. trademark laws regardless of this.

Frequently Asked Questions

1. Can an Indian company register a trademark in the USA?

Yes, an Indian company may apply for a U.S. trademark if it meets the USPTO’s filing, ownership, classification and filing-basis requirements. A foreign-domiciled applicant must be represented by a U.S. licensed attorney.

2. What is the official fee for registering a U.S. trademark from India?

The USPTO currently lists a base application fee of US$350 per class for qualifying Section 1 and Section 44 applications. Additional USPTO, attorney and later-stage fees may apply

3. Can an Indian trademark registration protect my brand in the USA?

No, trademark rights are territorial. An Indian registration generally protects the mark in India and does not automatically grant federal trademark rights in the United States.

4. Should an Indian business use direct USPTO filing or the Madrid Protocol?

The choice depends on the business’s countries of expansion, existing Indian trademark position, filing basis, budget and risk profile. Direct USPTO filing may be suitable for a U.S.-focused strategy, while Madrid may help manage applications across multiple member countries. Neither route guarantees registration in the United States.

5. How long does a U.S. trademark registration remain valid?

A registration must be maintained through required use declarations and renewal filings. The USPTO requires a Section 8 Declaration of Use between the fifth and sixth years and combined maintenance and renewal filings between the ninth and tenth years and every 10 years thereafter.

6. Does an Indian business need a U.S. address to file a trademark?

No, an Indian business does not generally need to maintain a U.S. business address to apply. However, a foreign-domiciled applicant must be represented by a U.S.-licensed attorney before the USPTO. The applicant must provide accurate ownership and domicile information in the application.

7. Can an Indian business apply for a U.S. trademark before launching there?

Yes, an Indian business may consider an intent-to-use application if it has a genuine intention to use the mark in U.S. commerce but has not started qualifying use. Registration will generally require a later submission showing actual use and payment of the applicable fee.uspto+1

8. Does a U.S. trademark registration protect a brand worldwide?

No, U.S. trademark registration generally protects the mark in the United States. Businesses seeking protection in other countries must assess national filings or an international filing route such as the Madrid System, subject to the laws of each designated country