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If you’re running a business that sells to US customers, or plans to, you can absolutely register a trademark with the USPTO from another country.
But there’s a requirement that trips up a lot of international applicants.
You Need a US-Licensed Attorney
Since August 2019, the USPTO has required all applicants domiciled outside the US to be represented by a US-licensed attorney. Not optional. You cannot file or maintain a trademark application on your own if you live abroad.
The rule exists because the USPTO saw a wave of fraudulent and inaccurate filings from foreign applicants, many submitted by unauthorized agents who didn’t understand US trademark law. The attorney requirement cleaned that up.
Doesn’t matter if you’re a sole proprietor or a corporation. If the business is based outside the US, you need US counsel.
How It Works for International Clients
At Indie Law, we work with clients around the world. The process is largely the same as for US-based clients, with a few extra considerations.
The USPTO requires your actual domicile address on the application. Not a PO box, not a registered agent. Your real address, whether that’s in Canada, the UK, Australia, or anywhere else.
International applicants also have additional filing options. If you already hold a trademark registration in your home country, you may be able to file in the US based on that foreign registration under Section 44(e). Or if you have a pending foreign application, Section 44(d) may apply. Both can streamline the process.
If you’re filing on a use-in-commerce basis, you need to show the mark is being used in connection with goods or services in the US. Selling to American customers through an e-commerce site counts. You don’t need a physical location here.
What About Protection in Multiple Countries?
A US trademark registration only protects you in the United States. If you’re doing business in multiple countries, you need protection in each one.
The Madrid Protocol lets you file a single international application through WIPO that designates multiple countries, including the US. It can be more cost-effective than filing separately in each country, though it has its own complexities.
The other option is filing directly in each country. Every country has its own trademark office, its own rules, its own fees.
Mistakes International Applicants Keep Making
Filing without a US attorney. We see this constantly. Someone files on their own, the application gets flagged, and now they need counsel to clean up the mess. Costs more than doing it right the first time.
Assuming a foreign trademark covers the US. It doesn’t. Trademark rights are territorial. A registration in the UK, Canada, or the EU gives you zero protection in the American market.
Using an online filing service instead of an actual attorney. Filing services aren’t law firms. They can submit paperwork. They can’t give legal advice, respond to office actions, or represent you in a dispute.
Living outside the US doesn’t stop you from getting a US trademark. You just need the right legal team handling the filing. The process is straightforward when it’s done properly from the start.