The United States remains one of the most lucrative markets for Indian businesses. From IT services and SaaS products to consumer goods and fashion labels, Indian brands are establishing a significant presence across American industries. Protecting your brand in the US starts with securing a trademark through the United States Patent and Trademark Office (USPTO). US trademark registration from India is not only possible but increasingly common for businesses that sell goods, offer services, or plan to expand into the American market.
Unlike India's trademark system, the USPTO operates under distinct rules, filing bases, and examination standards. Understanding these differences is essential if you want to file USPTO from India without running into costly rejections or procedural delays. This guide walks you through the complete process, covering eligibility requirements, filing options, costs, timelines, and the practical considerations every Indian applicant should know before filing.
Why Should Indian Businesses Register a Trademark in the US?
The American market operates on a first-to-use principle. This means that the first person or business to use a mark in US commerce generally holds superior rights, regardless of who files the application first. However, federal registration with the USPTO provides significant advantages that go far beyond common law rights.
A registered US trademark grants you nationwide priority. Without it, your rights are limited to the geographic area where you actually conduct business. Registration also gives you the legal standing to file infringement lawsuits in federal courts, seek treble damages, and record your mark with US Customs and Border Protection to block counterfeit imports at the border.
For Indian businesses entering the American market, a USPTO registration signals credibility and permanence to US partners, distributors, investors, and consumers. It also serves as a defensive measure. If you don't register, a competitor or bad-faith actor in the US could file for your brand name before you do, creating an expensive and time-consuming dispute.
Understanding Filing Bases: Use in Commerce vs Intent to Use
The USPTO requires every applicant to specify a "filing basis" that defines the foundation of their trademark claim. For Indian applicants, two primary bases are relevant, and choosing the correct one at the outset shapes the entire application journey.
| Aspect | Section 1(a): Use in Commerce | Section 1(b): Intent to Use |
| When to Use | You are already selling goods or providing services in the US market. | You plan to enter the US market but haven't started commercial use yet. |
| Proof Required at Filing | Specimen showing the mark in actual US commerce (product labels, website screenshots, invoices to US clients). | No specimen at filing. A bona fide intention to use the mark commercially in the US. |
| Specimen Submission | Submitted with the initial application. | Submitted later through a Statement of Use (SOU) after Notice of Allowance. |
| Timeline to Registration | Faster. Proceeds directly to registration after examination and publication. | Longer. Registration is delayed until the SOU is filed and accepted. |
| Cost Implication | Lower overall. No additional filing fees for SOU. | Higher. SOU filing fee and potential extension requests add to total cost. |
Indian applicants can also use Section 44(d) if they have filed an application in India within the last six months. This allows you to claim priority based on your Indian filing date. Alternatively, Section 44(e) applies if you already hold a registered trademark in India. Both options provide strategic advantages for timing and priority claims.
Step-by-Step Process to File USPTO from India
Before approaching the USPTO, ensure your brand name or logo is properly protected in India. Completing your domestic trademark registration first gives you a solid foundation and allows you to claim priority under Section 44(e) when filing in the US.
Conduct a comprehensive trademark search on the USPTO's Trademark Electronic Search System (TESS). This free database lets you check whether identical or confusingly similar marks already exist in the US. A thorough search significantly reduces the risk of rejection during examination.
Appoint a US-licensed attorney. The USPTO mandates that all foreign applicants, including Indian businesses, must be represented by an attorney licensed to practise in the United States. This is not optional. You cannot file directly without US legal representation. The attorney handles all communications with the USPTO on your behalf.
Prepare and file the application through the Trademark Electronic Application System (TEAS). The USPTO offers two filing options: TEAS Plus at USD 250 per class and TEAS Standard at USD 350 per class. TEAS Plus is cheaper but requires stricter compliance with pre-approved descriptions of goods and services. Your US attorney will advise on the appropriate option based on your specific needs.
After filing, a USPTO Examining Attorney reviews the application for compliance with federal trademark law. If any issues arise, the Examiner issues an Office Action, which is comparable to an examination report or trademark hearing objection in India. Your US attorney must respond within six months, or the application will be considered abandoned.
Once the application clears examination, the mark is published in the USPTO's Official Gazette for a 30-day opposition period. Any third party that believes the mark would harm their existing rights can file an opposition during this window. If no opposition is filed, the process moves towards registration (for Section 1(a) applications) or a Notice of Allowance (for Section 1(b) applications).
The Mandatory US Attorney Requirement for Indian Applicants
Since August 2019, the USPTO requires all applicants domiciled outside the United States to retain a US-licensed attorney for trademark filings. This rule applies to Indian individuals, companies, LLPs, and any other entity based in India.
The rationale behind this requirement is to ensure that foreign applicants comply with US trademark law and filing procedures. The attorney serves as the authorised representative, signs declarations, responds to Office Actions, and manages all correspondence with the USPTO.
Choosing the right US attorney is a critical decision. Look for practitioners with specific experience in handling international trademark applications, particularly from India. Many US law firms and specialised IP boutiques offer flat-fee packages for trademark filings, making the cost predictable. Fees for US attorney services typically range from USD 500 to USD 2,000 per application, depending on complexity and the scope of services included.
Cost Breakdown for US Trademark Registration from India
Understanding the full cost picture helps you budget accurately before starting the process. Here is a breakdown of the primary expenses involved.
| Expense Category | Approximate Cost |
| USPTO Filing Fee (TEAS Plus) | USD 250 per class |
| USPTO Filing Fee (TEAS Standard) | USD 350 per class |
| US Attorney Fees | USD 500 to USD 2,000 per application |
| Statement of Use Filing (if 1(b) basis) | USD 100 per class |
| Extension of Time for SOU (if needed) | USD 125 per class per extension |
| Section 8 Declaration (between 5th and 6th year) | USD 225 per class |
| Renewal (every 10 years) | USD 300 per class (TEAS) |
The total cost for a single-class application typically falls between USD 750 and USD 2,500, depending on the filing basis and attorney fee structure. Multi-class applications increase proportionally.
Common Challenges Indian Applicants Face at the USPTO
The most frequent hurdle is the specimen requirement. Unlike the Indian Trademark Registry, the USPTO demands concrete proof that the mark is being used in actual US commerce. A specimen must show the mark as consumers encounter it, on product packaging, website sales pages, or service marketing materials directed at US consumers. Submitting digitally altered or mock-up specimens can lead to refusal or fraud allegations. If your Indian application also faces challenges, responding to a trademark notice at home while managing a US filing simultaneously requires careful coordination.
Likelihood of confusion rejections are another common obstacle. The USPTO applies a multi-factor test to determine whether your mark is confusingly similar to an existing registration. Even marks that aren't identical can be refused if they sound alike, look similar, or convey the same commercial impression for related goods or services.
Descriptiveness refusals also affect Indian applicants frequently. The USPTO refuses marks that merely describe the goods or services rather than identifying their source. This mirrors the distinctiveness requirement in India, where a similar objection might arise during trademark opposition or examination proceedings.
Failure to maintain the registration is a long-term risk. US law requires you to file a Section 8 Declaration of Continued Use between the fifth and sixth year after registration. Missing this deadline results in automatic cancellation. You must also renew the registration every ten years, similar to the ten-year validity cycle under Indian trademark law that requires timely
trademark renewal to keep protection active.
Conclusion
US trademark registration from India is a strategic investment for any business targeting the American market. The process involves distinct requirements, from mandatory US attorney representation to the specimen-based proof of use system, that differ significantly from India's trademark framework. Navigating these differences requires careful planning, accurate documentation, and professional guidance.
Whether you are already selling to US customers or preparing for a future launch, securing your trademark with the USPTO protects your brand from infringement, counterfeiting, and bad-faith filings in one of the world's largest consumer economies.
Ready to protect your brand in the United States? Patron Accounting's team can assist you with domestic trademark registration as well as coordinate with US legal professionals to ensure your international filing is handled efficiently from start to finish.
