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U.S. Trademark Registration for Non-U.S. Residents

What international applicants need to know before filing.

Can a non-U.S. resident register a trademark in the United States?

Yes. International businesses and individuals can seek U.S. trademark protection, subject to applicable USPTO requirements.

If the trademark applicant is domiciled outside the United States or its territories, USPTO rules generally require representation by a U.S.-licensed attorney for filings and correspondence before the USPTO.

What counts as "domicile"?

Domicile is a specific legal concept, generally referring to where an applicant permanently resides (for individuals) or where a business's principal place of business is located (for entities) — not simply where a mailing address, registered agent, or bank account happens to be. Having any of the following does not automatically make an applicant U.S.-domiciled for USPTO purposes:

A U.S. mailing address
A U.S. LLC or other U.S.-formed entity
A U.S. registered agent
An EIN (Employer Identification Number)
A U.S. bank account

Domicile should be reported accurately in your application. If you're unsure how your situation should be classified, this is a question for a U.S.-licensed attorney.

Where we fit in

We are a filing service provider, not a law firm and not U.S.-licensed attorneys. For foreign-domiciled applicants, we:

Collect and organize your application information
Run a preliminary trademark search
Help identify relevant classes
Coordinate with a qualified, independent U.S.-licensed attorney who takes on the required representation before the USPTO
Track and monitor your application after filing

Do I need a U.S. LLC, EIN or ITIN to apply?

Not necessarily. Whether these are useful depends on your specific business plans in the United States (for example, opening a U.S. bank account or selling through certain marketplaces), but they are not, by themselves, requirements for filing a trademark application or determinants of domicile.

Country-specific guides

We've put together short guides covering the situations we see most often from each market:

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