You do not need a US company to register a US trademark. Foreign individuals and foreign-registered companies can own US trademark registrations just like US businesses can. Two rules do apply: the application must rest on a valid filing basis, and applicants domiciled outside the United States must be represented by a US-licensed attorney.
Key takeaways
- US trademark ownership is not tied to having a US legal entity.
- US rights come from use in commerce, so the filing basis must match your actual trading position.
- Foreign-domiciled applicants must use a US-licensed attorney for the filing and for every response.
- Deadlines such as the six-month office action window run from the official action, wherever you live.
- Registration lasts 10 years from the filing date, with maintenance filings due in years 5 to 6 and 9 to 10.
Who can own a US trademark?
Natural persons and legal entities located outside the United States can file and own US registrations. There is no requirement to form a US corporation, hold a US bank account, or route sales through an American subsidiary. What the USPTO examines is the application itself: the mark, the goods and services, and the basis on which rights are claimed.
The basis question deserves attention because US rights come from use in commerce. A registration is anchored to genuine trading activity, or to a sincere declaration that such activity is coming. Brands that treat the US filing as a paperwork exercise, disconnected from any real market plan, usually discover that choice later, when the maintenance filings arrive.
Why is a US-licensed attorney mandatory for foreign applicants?
USPTO rules require applicants domiciled outside the United States to be represented by a US-licensed attorney. The requirement covers the initial application and everything that follows: office action responses, use-related filings, and post-registration maintenance. Filing from abroad through a self-service account without counsel is simply not available.
In practice, the attorney is also the address of record, so one professional is accountable for the filing chain. That includes the pre-filing clearance search before any filing, the drafting of the goods and services description, and the diary of statutory windows. When you instruct us, documents and payment are confirmed first, and the filing is submitted within 48 hours.
Which filing basis should an overseas seller choose?
Two bases exist, and the right one follows your commercial reality rather than your preference.
- Use in commerce. The mark is already in genuine use in the US market at the time of filing.
- Intent to use. You have not launched in the US yet but hold a genuine intention to, and the application declares that intention.
Intent to use buys you a filing date before launch, but it does not remove the use requirement. Before the certificate issues, use in US commerce must be shown. The choice should therefore reflect the actual position of the business. Asserting use that does not exist is not a shortcut; a registration built on a misstated basis is exposed the moment anyone tests it.
How does correspondence work from abroad?
All USPTO communications are issued to the representative of record, which turns the attorney requirement into a practical safety net for service of official documents. Actions are issued against the application, and windows such as the six-month period to answer an office action are measured from the official date, not from the day the news reaches your inbox.
The consequences are easy to state and easy to ignore. Keep the ownership and correspondence records current, forward any marketplace or legal notice you receive directly, and treat every dated action as a countdown that has already started. Applicants who rely on informal mail forwarding miss deadlines; applicants whose correspondence flows through one accountable representative generally do not.
Should you file directly or designate the US through Madrid?
A US application can also reach the USPTO through the Madrid System: a single international application based on a home application or registration, with the US designated alongside other markets. Each designated office examines under its own law, and the international registration remains dependent on the home right for its first five years, an exposure known as central attack.
A Madrid designation typically resolves in 12 to 18 months, against 8 to 10 months for a direct US filing if uncontested. Sellers weighing the options should read our comparison of Madrid and single-country filings before choosing. If the US is a priority market, the direct route handled with US-licensed counsel, as set out at our US trademark service, is usually the cleaner path.
Frequently asked questions
Can I file as an individual without any company at all?
Yes. A US trademark can be owned by a natural person, including a non-US individual, or by a company of any nationality. The ownership record should match the party whose use or intent to use supports the application, because rights are claimed through an identified owner. Ownership can be changed later, but that is added cost and delay, so choose the owner deliberately at the start.
Does lacking a US address weaken the registration?
No. USPTO correspondence is directed to the representative of record, and the strength of a US registration depends on genuine use in commerce and on meeting the maintenance windows, the Section 8 declaration between years 5 and 6 and the Section 9 renewal between years 9 and 10. Where you sit geographically is not part of the test.
Can a US application be refused even if no one opposes it?
Yes. Examination looks at the mark and the paperwork themselves, so objections such as descriptiveness, or defects in the goods and services wording, can block approval without any third party involved. Conflicts with earlier filings are also raised during examination. Each objection arrives as an office action with a six-month response window, and you should get advice on the specific refusal before answering.
I am outside the US. What is the first concrete step?
Write down three things: the exact brand as it appears on the product or listing, the full set of goods and services, and whether US sales have already started. Those answers let a US-licensed attorney run the clearance search and select the correct basis. We confirm documents and payment and file within 48 hours; you can start from the contact page.