US Trademark Registration
Short answer: you do not need a US company to file a US trademark — any individual or entity can apply with USPTO, and if the application clears examination without opposition or refusal, registration takes about 8-10 months from filing. What makes the US different is that rights come from use, so a real intent to sell in the US and truthful specimens matter more than in China or the EU.
How we work
Check identical and similar marks in the relevant classes, plus how the mark is actually used in the market, before filing
Use-in-commerce if you already sell in the US; intent-to-use if you have not launched yet and will add a statement of use later
Pick USPTO-accepted identifications; vague descriptions are a common cause of office actions
A USPTO attorney examines the mark; if approved it is published for a 30-day opposition window
After registration, file the Section 8 declaration between the 5th and 6th year and renew with Section 9 between the 9th and 10th year
What you need to prepare
- Applicant name, address and entity type
- The mark as used, plus a specimen showing it on the product, packaging or a live sales page
- Goods and services list with target classes
- Filing basis (use in commerce or intent to use)
- Prior foreign application if you claim convention priority
Frequently asked questions
Can I register a US trademark without a US company?
Yes. The USPTO does not require a US entity or US address, although foreign-domiciled applicants must be represented by a US-licensed attorney. Any company or individual that sells, or genuinely intends to sell, in the US can file.
Can I use a pending application number for Amazon Brand Registry?
In the United States, Amazon Brand Registry accepts a pending application number with limits — some tools that require a registered mark stay unavailable until registration completes.
What happens if the USPTO refuses my application?
A refusal is an office action, not a final decision. Most are answerable — either the specification is narrowed, the specimen is replaced, or a legal argument on likelihood of confusion is filed. The response window is six months.
What is the Section 8 declaration and what if I skip it?
It is a sworn statement between the 5th and 6th year confirming the mark is still in use on the listed goods. Missing it cancels the registration, and a cancelled registration cannot be used for platform complaints.
Want an assessment first?
Tell us the product and target marketplaces and we will give you a registrability opinion, a realistic timeline and a cost breakdown. Files can be submitted within 48 hours of confirmation.
