Trademark Registration in the USA from India
United States Patent and Trademark Office · Lanham Act · Direct or Madrid designation
An Indian business registers a US trademark with the United States Patent and Trademark Office (USPTO), either directly or by designating the USA in a Madrid application filed through India. It must be represented by a US-licensed attorney. The USPTO fee is $350 per class for a base application, as its fee schedule stood on 15 October 2026.
- Reviewed by
- Advocate, intellectual property
- Last updated
- Source
- USPTO: Trademarks
- Filing basis chosen with you. Use in commerce, intent to use, Indian priority or Madrid, explained before filing.
- US counsel coordinated. We brief and supervise the US-licensed attorney the USPTO requires for Indian applicants.
- Specimens checked. Labels, packaging and web pages reviewed against USPTO practice before they are filed.
- Office
- USPTO
- Routes
- Direct or Madrid (s. 66(a))
- Representation
- US-licensed attorney required
- Use
- Proof of use; 6th-year declaration
- Term
- 10 years, renewable
Should an Indian company file directly with the USPTO or through Madrid?
Both routes lead to a US registration examined by the USPTO under the same law; the difference is how the application is filed and managed.
Direct filing is made in the USPTO’s own electronic system by the US attorney, on one of four bases: use in commerce (section 1(a)), intent to use (section 1(b)), a foreign application filed in the last six months (section 44(d), which also claims its date), or a foreign registration (section 44(e)). A direct application can be adapted to US practice from day one and keeps the US file independent of your Indian mark.
A Madrid designation of the USA (section 66(a)) is filed through the Trade Marks Registry in India as part of an international application. It is often efficient when the USA is one of several countries, but it depends on the Indian base mark for five years, and the US specification must still meet USPTO standards, which are stricter than most offices’. If the USPTO issues a provisional refusal, a US-licensed attorney must respond.
The US attorney rule
Since 3 August 2019 the USPTO has required applicants and registrants whose domicile is outside the United States to be represented by an attorney licensed in a US state. For an Indian company this applies to direct filings from the start, and to Madrid designations as soon as an office action has to be answered. We work with US counsel on every US filing and remain your point of contact.
Use is central in the USA
US trademark rights grow from use. An intent-to-use application is allowed to proceed to a notice of allowance, but it registers only after you file a statement of use with a specimen showing the mark on the goods or in the advertising of the services, as sold to US customers. Applications based on an Indian application or registration, or on Madrid, can register without proof of use, but every US registration needs a declaration of use between the 5th and 6th years, and again at each ten-year renewal.
Which US filing basis suits an Indian applicant?
Every US application states a basis for each class. The basis decides what you must prove before the mark registers. Section 1(a) and 1(b) cannot both be claimed for the same goods, and a Madrid (66(a)) basis cannot be combined with any other.
| Basis | When it fits | What must be shown before registration | Proof of use before registration? |
|---|---|---|---|
| 1(a) Use in commerce | You already sell to US customers under the mark | Dates of first use and a specimen for each class, filed with the application | Yes, at filing |
| 1(b) Intent to use | You plan to launch in the USA but have not yet sold there | A bona fide intention to use; after the notice of allowance, a statement of use with a specimen | Yes, before registration |
| 44(d) Foreign priority | You filed in India in the last six months and want that date in the USA | The Indian application details; 44(d) gives the priority date only, so it is paired with 1(a), 1(b) or 44(e) | Depends on the basis it is paired with |
| 44(e) Foreign registration | Your Indian mark is already registered | A copy of the Indian registration (with translation if needed) and a bona fide intention to use | No, but a declaration of use is due between the 5th and 6th years |
| 66(a) Madrid extension | You are filing in several countries through the Trade Marks Registry, India | The international registration and the declaration of intention to use (MM18) filed with it | No, but a Section 71 declaration of use is due between the 5th and 6th years |
Bases as set out in 37 C.F.R. § 2.34 and the USPTO’s published rules. An intent-to-use applicant who files with a 44(d) claim keeps the Indian date while proving use later.
What are the USPTO government fees, from filing to renewal?
These are the USPTO’s own fees for electronic filing, per class, from its fee schedule. They are government fees, not ours; the US attorney’s and our professional fees are quoted separately in writing.
| Fee | When it is paid | USPTO fee per class |
|---|---|---|
| Base application (1(a), 1(b), 44) | At filing | $350 |
| Insufficient information surcharge | At filing, if required information is missing | $100 |
| Free-form text surcharge | At filing, if goods or services are not taken from the ID Manual | $200 |
| Each additional 1,000 characters of free-form text | At filing | $200 |
| Statement of use (1(b) only) | After the notice of allowance | $150 |
| Six-month extension to file the statement of use | For each extension requested | $125 |
| Section 8 declaration of use | Between the 5th and 6th years, and at each renewal | $325 |
| Section 71 declaration of use (Madrid registrations) | Between the 5th and 6th years, and each 10 years | $325 |
| Section 15 declaration of incontestability (optional) | After five years of continuous use | $250 |
| Section 8 and 9 combined, at renewal | Every 10 years after registration | $650 |
| Grace period surcharge (Section 8, 9 or 71) | If filed in the six months after the deadline | $100 |
From the USPTO fee schedule (effective 19 January 2025, last revised 14 August 2026), checked on 15 October 2026. A Madrid (66(a)) designation pays WIPO’s individual fee for the USA instead of the base application fee, and is renewed through WIPO, not the USPTO.
How long does US trademark registration take?
An application with no refusal and no opposition often registers in about a year; a refusal or an intent-to-use basis adds months.
| Stage | What happens | Typical timing |
|---|---|---|
| Filing | Application filed by US counsel, or Madrid designation notified by WIPO | Day 0 |
| Examination | An examining attorney reviews the mark, specification and specimen | Several months after filing |
| Office action, if any | Reply due within the period stated (generally three months, extendable once) | Adds 3–6 months |
| Publication | Published in the Official Gazette for opposition | 30 days to oppose, extendable on request |
| Registration or notice of allowance | Use-based and foreign-based marks register; intent-to-use marks receive a notice of allowance | About 3 months after publication |
| Statement of use (intent to use only) | Proof of use filed; six-month extensions available | Up to 3 years from the notice of allowance |
| Declaration of use | Section 8 declaration | Between the 5th and 6th year after registration |
| Renewal | Sections 8 and 9 | Every 10 years |
Pendency changes with USPTO workload. The USPTO trademarks pages publish current processing times.
What documents are needed for a US trademark application?
For every US application
- Applicant’s legal name, entity type and domicile address (a street address, not a PO box)
- The mark: standard characters, or a clear image of the logo
- Identification of goods and services in USPTO-acceptable wording, by class
- Filing basis for each class, and dates of first use if the basis is use
- Signed verified statement or declaration
Depending on the basis
- Use in commerce: a specimen per class, such as a photo of the label on the product or a web page with a way to order
- Indian priority (44(d)): the Indian application number and date, within six months of filing
- Indian registration (44(e)): a copy of the Indian registration certificate, with translation if needed
- Madrid: the declaration of intention to use (Form MM18) filed with the international application
Questions about US trademark registration from India
Can I file a US trademark application myself from India?
No. Applicants domiciled outside the United States must be represented by an attorney licensed in a US state. Filings made without one are not accepted for examination. We prepare the instructions and coordinate the US attorney for you.
Do I need to be selling in the USA before I file?
No. An intent-to-use application, or one based on your Indian application or registration, can be filed before sales begin. An intent-to-use application registers only after proof of use, and every registration needs a declaration of use in its sixth year.
Can I claim my Indian filing date in the USA?
Yes, if the US application is filed within six months of the Indian application, under section 44(d) and the Paris Convention. The US application is then treated as filed on the Indian date for priority purposes.
What is a specimen and why is it refused?
A specimen shows the mark as customers see it in the US market: on the product, its label or packaging, or in advertising for services. The USPTO refuses digitally altered images, mock-ups and pages without a means of ordering. We check specimens before they are filed.
Will Amazon Brand Registry accept a pending US application?
Marketplace policies change, but Amazon has accepted pending applications and registrations from the USPTO for US Brand Registry. Check the marketplace’s current rules before you rely on a pending application.
How much does the USPTO charge to register a trademark?
The base application fee is $350 per class for an electronic filing, with surcharges of $100 for missing information and $200 for free-form goods descriptions. An intent-to-use application adds $150 per class for the statement of use. The full table above is taken from the USPTO fee schedule and dated.
How is a US registration kept alive?
By filing a declaration of use between the 5th and 6th years after registration, and a combined declaration and renewal every ten years, with current specimens. A Madrid-based registration files Section 71 declarations with the USPTO but renews through WIPO. Missing the sixth-year declaration cancels the registration.
Official sources
- 1.USPTO: Trademarks
- 2.USPTO: Foreign-domiciled applicants need a US-licensed attorney
- 3.USPTO fee schedule: trademark fees (effective 19 Jan 2025, revised 14 Aug 2026)
- 4.USPTO: U.S. Trademark Law, Rules of Practice and Federal Statutes (37 C.F.R. § 2.34, filing bases)
- 5.USPTO: Keeping your registration alive
- 6.WIPO: Madrid System