U.S. Trademark Registration for E-Commerce Businesses
A general guide for online sellers reaching U.S. customers.
Whether you sell through your own website, a marketplace, or a mix of both, shipping products to U.S. customers under a brand name is exactly the kind of "use in commerce" that U.S. trademark law is built around.
Do you need to be based in the U.S.?
No. E-commerce businesses based in Pakistan, the UAE, India, or anywhere else can apply for U.S. trademark protection, subject to the foreign-applicant attorney requirement.
Use-based vs intent-to-use filings
If you're already shipping to U.S. customers, your application can generally be based on actual use, supported by a specimen such as your website or packaging. If you haven't launched U.S. sales yet, an intent-to-use application may be the right path.
What matters most for e-commerce applicants
- A goods/services description that matches your actual product catalog
- The correct class(es) — multi-category stores may need more than one
- A genuine specimen showing the mark in use with your goods, not just marketing copy
- A search to confirm your name isn't already claimed in your product category
Selling across several product categories under one brand? We'll help you figure out whether you need one class or several — see our USPTO fees page for how per-class costs add up.