U.S. trademark registration for Indian businesses can help protect your brand when you sell goods or services in the United States. If you own a business in India and want U.S. trademark protection, you generally need a US-licensed attorney to represent you before the United States Patent and Trademark Office (USPTO). You also need to choose the correct filing basis, describe your goods or services accurately, and respond to any USPTO issues before your mark can be registered.
Under 37 C.F.R. section 2.11, the USPTO generally requires foreign businesses to work with a US-licensed attorney. Misra Trademark Counsel’s U.S. trademark attorney can help. Misra Trademark Counsel provides flat-fee U.S. trademark registration services tailored for Indian exporters, Amazon sellers, tech startups, and expanding brands. If you want guidance from a U.S. trademark attorney for Indian businesses, we can help you understand the process and guide you through it.
What Is U.S. Trademark Registration & Why Do Indian Businesses Need It?
A trademark is a word, name, phrase, logo, symbol, design, slogan, or combination that tells customers that your products or services come from your business. In the United States, trademark ownership rights generally begin when you use the mark to sell or offer goods or services. By using the mark in your trade, you may gain common law trademark rights that can prevent others from using a confusingly similar mark within the geographic areas where you have established rights.
Registration generally provides broader protection throughout the United States and additional legal benefits. It also creates a clear record that you own and use the trademark for would-be infringers, and it empowers you to bring legal action against infringers.
Indian trademark registration generally protects your rights in India. If you want protection in the United States, you need to pursue separate U.S. trademark rights. If your business is located outside the United States, the USPTO generally requires you to use a US-licensed attorney for trademark filings.
When you apply for trademark registration in the United States, you have to identify a “filing basis.” Foreign applicants often have different options than domestic applicants.
What USPTO Filing Basis Can Indian Applicants Use?
When you apply to register a U.S. trademark, you select a filing basis, which is the legal reason giving you the right to register the mark. The basis you select varies based on how you use the mark and whether you have already registered it in India.
Use in U.S. Commerce
If you already use the mark in U.S. commerce, you may qualify to file based on current use. You have to show that you use the mark with your goods or services within the United States. For an Indian business, that may include selling branded products to US customers through Amazon US, Shopify, or another e-commerce platform, or providing digital services to US customers.
Intent to Use in U.S. Commerce
If you have not yet begun using your mark in U.S. commerce but have a genuine intention to use it in the near future, you can file on an intent-to-use basis. If you file based on intent to use, the USPTO requires you to actually begin using the mark in commerce before it will officially register it.
Pending Application for Foreign Registration
Indian businesses with pending trademark applications in India can file based on those applications. When you do, you can use the filing date of your foreign application. If someone else files a similar mark in the United States after your Indian filing date but before your U.S. filing date, you may be able to rely on your earlier date when determining which applicant has the stronger claim to register the mark.
Foreign Registration
If you already own a trademark in another country, you can use that registration as the basis for U.S. registration. Businesses that have already registered trademarks in India can file based on a foreign registration.
How to Register a U.S. Trademark from India: Direct USPTO vs. Madrid Protocol
Indian businesses generally have two options to register a trademark in the U.S. from India: filing directly with the USPTO or filing through the Madrid Protocol.
| Feature | Direct USPTO Filing | Madrid Protocol Filing |
| Initial filing | USPTO Trademark Center | Indian Trademark Office/WIPO |
| U.S. attorney | Required for Indian applicants under 37 C.F.R. section 2.11 | Required to respond to the USPTO |
| Countries covered | United States | Can designate the US and other Madrid members |
| U.S. filing basis | Sections 1(a), 1(b), 44(d), or 44(e), depending on circumstances | Section 66(a) |
In a direct USPTO filing, you submit an application through the USPTO Trademark Center, identifying the trademark, the owner, the goods or services, and the applicable filing basis. Then, a USPTO examining attorney reviews the application and may ask you questions. If the application satisfies all requirements, the USPTO publishes the mark for opposition. If no opposition is successful, the USPTO registers the mark.
The World Intellectual Property Organization (WIPO) administers the Madrid Protocol, an international trademark system in which both India and the United States participate. To use the Madrid Protocol, you file an application through your home country’s trademark office. WIPO reviews the application for compliance with the Madrid Protocol requirements and records the international registration. You can then designate other participating countries, including the United States, where you want trademark protection.
When you select the United States, the USPTO examines the application under U.S. law and procedures. You do not need a U.S.-licensed attorney to submit the initial Madrid Protocol application through the Indian Trademark Office or to begin the USPTO examination process. However, applicants who reside outside the U.S. need a U.S.-licensed attorney to respond to the USPTO if the examiner needs further information.
The best approach depends on your business goals, existing trademark filings, budget, and the countries where you intend to seek protection.
Frequently Asked Questions About U.S. Trademarks for Indian Companies
Can an Indian Business Owner Register a Trademark in the United States?
Yes, an Indian business owner can register a U.S. trademark if they use or intend to use the mark in connection with goods or services they offer in the United States.
Are Indian Applicants Required to Use a U.S. Attorney to File a USPTO Trademark Application?
Yes, most applicants whose domicile is outside the United States must be represented by a US-licensed attorney in USPTO trademark matters.
How Much Does It Cost for an Indian Business to Register a Trademark in the United States?
The USPTO base application fee is $350 per class of goods or services for applications filed directly under Sections 1 and 44. If you use a custom description of your goods or services instead of selecting wording from the USPTO Trademark ID Manual, the USPTO charges an additional $200 per class. Your total cost also depends on attorney fees and any additional filings required during the registration process.
How Long Does It Take to Register a US Trademark from India?
The timeline varies depending on the filing basis and whether the USPTO raises any objections. In many cases, the registration process takes about a year or longer from filing to registration.
Can I Protect my Indian Trademark in the United States?
Yes, if you want trademark protection in the U.S. market, you typically need to establish rights under U.S. trademark law, which may include federal trademark registration through the USPTO.
Can I Use My Indian Trademark Registration to Get a US Trademark?
Generally, yes. Under Section 44(e), you may be able to use an existing Indian trademark registration as the basis for U.S. registration. If your Indian application is still pending, Section 44(d) may allow you to file in the US within six months and rely on your earlier Indian filing date.
Protect Your Brand in the U.S. Market
Misra Trademark Counsel offers attorney-guided U.S. trademark registration for Indian businesses. We can help with:
- Reviewing your brand name, logo, or slogan for U.S. trademark strength;
- Explaining the best filing basis for your facts;
- Preparing and filing your USPTO application;
- Coordinating your U.S. strategy with your Indian trademark position; and
- Communicating with the USPTO on your behalf.
If you own an Indian business and plan to enter or expand within the U.S. market, trademark protection can be an important part of your growth strategy. Misra Trademark Counsel helps Indian businesses navigate U.S. trademark registration, evaluate filing options, and protect their brands in the United States.
To speak with a U.S. trademark attorney for Indian businesses, contact Misra Trademark Counsel today.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process:
