Why file in the US
- An Indian registration doesn’t protect your brand in the US — trademark rights are territorial.
- US marketplaces and app stores often ask for a registered or pending US mark before enabling brand protection tools.
- A registration puts others on notice nationwide and makes enforcement much easier than relying only on use.
- Investors and acquirers check that the company owns its key brand in its main markets.
Two routes from India
| Direct USPTO application | Madrid Protocol via India | |
|---|---|---|
| How | File with the USPTO through a US-licensed attorney | File an international application through the Indian Trade Marks Registry, designating the US (and other countries) |
| Needs an Indian base mark? | No | Yes — the international registration depends on your Indian application or registration, especially in its first five years |
| Best when | The US is the main market, or the US entity will own the mark | You want several countries at once and the Indian company is the brand owner |
| US-specific step | Choose the filing basis (use in commerce or intent to use) | A declaration of intention to use the mark in the US is required for a US designation |
Filing fees are charged per class of goods or services. The USPTO overhauled its trademark fees in January 2025 (a single base application fee per class, plus surcharges for incomplete applications) and revises the schedule periodically — check the current fee schedule before filing.
The US attorney rule
Since August 2019, applicants and registrants whose domicile — permanent residence or principal place of business — is outside the US must be represented before the USPTO by an attorney licensed in the US. A Delaware company run from India may still be treated as foreign-domiciled: a registered-agent address is not a principal place of business.
Who should own the mark?
This is the decision founders most often get wrong, and it’s hard to undo cleanly later.
- US parent structure (after a flip): investors usually expect the Delaware parent to own the core brand and IP.
- Indian parent with a US subsidiary: the Indian company often owns the mark and licenses it to the US subsidiary — which then needs a licence agreement and an arm’s-length royalty for transfer pricing.
- Moving a mark between group companies later means an assignment, updated filings in each country, and possibly tax on the transfer — decide early.
What the process looks like
- Clearance search in the US for identical and similar marks in your classes.
- File — identify goods and services precisely, pick classes and the filing basis.
- Examination by a USPTO examining attorney; respond to any office action within the deadline.
- Publication for opposition by third parties.
- Registration — or, for intent-to-use filings, a notice of allowance followed by a statement of use once you’re using the mark in US commerce.
Keeping the registration alive
- Between the 5th and 6th year after registration: file a declaration of continued use (Section 8) with a current specimen.
- Every 10 years: renew (Sections 8 and 9).
- Keep evidence of actual use in the US — screenshots, invoices, packaging — for each class you keep.
Planning your US entry more broadly? See US company registration and the compliance calendar.
Frequently asked questions
Does an Indian trademark protect my brand in the US?
No. Trademark rights are territorial, so you need a US registration — either filed directly with the USPTO or through a Madrid Protocol international application designating the US.
Do I need a US attorney to file a US trademark from India?
Yes. Since August 2019, applicants whose domicile is outside the US must be represented by a US-licensed attorney before the USPTO.
Can I use the Madrid Protocol from India for a US trademark?
Yes. An Indian applicant can file an international application through the Indian Trade Marks Registry designating the US, based on an Indian application or registration, with a declaration of intention to use the mark in the US.
How do I keep a US trademark registration active?
File a declaration of continued use between the fifth and sixth anniversaries of registration, and renew every ten years, with evidence of current use in US commerce.
Please note: this guide is general information based on the rules as they stood on the review date above. Regulations and RBI/CBDT procedures change often — please get advice on your specific facts before acting.