Blog/US Business Setup

USPTO Trademark Registration Guide for Overseas Companies & Amazon Brands

A comprehensive federal trademark guide for foreign non-resident founders on USPTO clearance searches, US licensed attorney representation requirements, TEAS application fees, and Amazon Brand Registry enrollment.

ADVAQ US Legal Team
9 Min Read · Published July 2026
USPTO US Counsel Rule Compliant
USPTO Key Requirements
  • US Attorney Mandate: The USPTO legally requires all foreign-domiciled applicants to be represented by a licensed US attorney in good standing.
  • Amazon Brand Registry: A USPTO pending or registered trademark unlocks Amazon Brand Registry US, protecting product listings from counterfeit hijackers.
  • $350 TEAS Fee: The official USPTO application fee is $350 per class of goods/services.
  • 10-Year Protection: Registered US federal trademarks provide exclusive legal protection across all 50 US states for 10 years (renewable).

1. The Mandatory US Licensed Attorney Rule for Foreign Applicants

Effective August 2019, the United States Patent and Trademark Office (USPTO) enacted a federal rule requiring all foreign-domiciled applicants (individual or corporate) to be represented by an attorney who is an active member of the bar of a US state.

Submitting a foreign USPTO application without an authorized US attorney results in immediate office action refusal.

2. Unlocking Amazon Brand Registry with USPTO Filing

For e-commerce founders selling on Amazon US, a USPTO trademark is essential.

Once your USPTO serial number is issued, you can immediately apply for Amazon Brand Registry, gaining automated protection against counterfeit buy-box hijackers, access to A+ Content, and Amazon Storefront features.

USPTO TRADEMARK SERVICES

Protect Your US Brand & Unlock Amazon Brand Registry

ADVAQ provides comprehensive USPTO clearance searches, US licensed attorney representation, TEAS application filings, and Amazon Brand Registry support.

3. Section 1(a) Actual Use vs Section 1(b) Intent-to-Use

Section 1(a) Use in Commerce

Filed if you are already selling products or services in US interstate commerce. Requires submitting proof of use (product specimen).

Section 1(b) Intent to Use

Filed before commercial product launch to reserve your brand name priority with USPTO. Specimen is submitted later.

4. Step-by-Step Application Steps & 8-12 Month Timeline

  1. Conduct a thorough USPTO TESS search for confusingly similar marks.
  2. Select international NICE classes (e.g. Class 9 for software, Class 35 for retail).
  3. Submit TEAS Standard application with $350 fee per class via US licensed counsel.
  4. Pass examining attorney review (approx 8 months).
  5. Undergo 30-day public publication in the Official Gazette before certificate issuance.

Frequently Asked Questions

USPTO TRADEMARK REGISTRATION SOLUTIONS

Register Your US Trademark with ADVAQ

USPTO clearance searches, US licensed attorney representation, TEAS application filing, and Amazon Brand Registry activation.