File a Trademark in the USA
A U.S. trademark application proceeds through the United States Patent and Trademark Office (USPTO) under the Trademark Act of 1946, the Lanham Act. Indian applicants reach the USPTO through two routes: a direct application on one of four statutory bases, or an extension of protection of a Madrid Protocol international registration designating the United States. Foreign-domiciled applicants must be represented before the USPTO by an attorney licensed in the United States. Intepat handles the India-side strategy, route assessment, and instruction to U.S. counsel.
Speak to a Trademark AttorneyUSPTO Filing
Use and Intent-to-Use Bases
Specimen Review
Office Action Response
U.S. Attorney Coordination
STATUTORY TIMELINE
Trademark Registration Timeline: USA
File ApplicationDay 0Use in commerce or Intent-to-Use
USPTO Examination~3–6 months
Office Action Response6 months to respondIf objections issued
Publication for Opposition30 daysPublic opposition window
Registration / NOA~12–18 months total
When direct U.S. filing or Madrid designation is the right choice
A Madrid Protocol designation under Section 66(a) of the Lanham Act fits where the United States sits within a wider international filing programme, the basic Indian mark is stable, and centralised portfolio management is valued. The international application is filed through the Indian Trade Marks Registry as Office of Origin and transmitted by WIPO to the USPTO as a designation, with renewal running through WIPO every ten years.
A direct U.S. application fits where the United States is the primary or sole foreign jurisdiction, where central-attack exposure on the basic Indian mark would be unacceptable, or where USPTO-compliant identification language is needed at filing. The four direct filing bases under the Lanham Act are: actual use in commerce (Section 1(a)); bona fide intent to use in commerce (Section 1(b)); priority from an Indian application filed within the previous six months (Section 44(d)); or ownership of a registered Indian mark as the country-of-origin registration (Section 44(e)).
How a U.S. trademark filing works
The application is filed through the USPTO Trademark Center on the chosen basis, with a verified statement of bona fide intent to use, an identification of goods or services matching USPTO classification, and, where applicable, evidence of use or a certified copy of the foreign registration.
An examining attorney reviews the application against the Lanham Act and USPTO rules. Refusals commonly arise on absolute grounds under Section 2(e) for marks merely descriptive, primarily geographically descriptive, primarily merely a surname, or functional, and on relative grounds under Section 2(d) for likelihood of confusion with a prior mark. First action pendency averages five to six months. Direct applications under Sections 1 or 44 carry a three-month office action response period, extendable once by three months on payment of a fee; Section 66(a) applications retain a six-month response period, preserved when the Trademark Modernization Act of 2020 introduced the shortened window.
On allowance, the mark is published in the Trademark Official Gazette and may be opposed before the Trademark Trial and Appeal Board within thirty days. A Section 1(a) or 44(e) application proceeds to registration unopposed. A Section 44(d) priority claim must be perfected with a Section 44(e) or Section 1 basis before registration. A Section 1(b) application receives a Notice of Allowance, with a Statement of Use due within six months and extensions available up to thirty-six months from allowance.
What Intepat handles in India
Intepat acts as India-side coordinator across the lifecycle of the U.S. application:
Route assessment
between Madrid designation and direct filing, against basic-mark position, jurisdictional spread, central-attack exposure, and timeline
Pre-filing review
USPTO classification and specification discipline, prior-mark conflict screening, Section 2(d) and 2(e) risk
Madrid Protocol filing
through the Indian Trade Marks Registry as Office of Origin, with basic-mark adequacy review and specification harmonisation
Briefing and instruction of U.S. counsel
with conflict checks, document preparation, and review of office action responses
Calendar management
for response deadlines, Statement of Use windows, Section 8 and 71 declarations, and Section 9 renewals
What is handled by U.S. counsel
Representation before the USPTO is reserved to attorneys licensed in the United States. Under 37 CFR 2.11, a foreign-domiciled applicant, registrant, or party to a Trademark Trial and Appeal Board proceeding must be represented by U.S. counsel for all submissions, including new applications, office action responses, declarations of use, renewals, and TTAB filings. Section 66(a) applicants are exempt at the time of the international filing through WIPO; from any provisional refusal or office action, U.S. counsel must be appointed. U.S. counsel signs and files USPTO submissions, conducts examiner interviews, and appears in TTAB and post-registration proceedings.
Who this is for
- Indian companies and startups entering the U.S. market through direct sales, distribution, or licensing.
- Indian direct-to-consumer brands selling to American customers through marketplaces and digital commerce.
- Indian software and technology companies with American customers, investors, or U.S.-domiciled subsidiaries.
- Indian brand owners weighing Madrid designation against direct filing.
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Trademark in the USA FAQs
What filing routes are available to an Indian applicant filing a trademark in the United States?
Two routes. A direct application is filed through the USPTO on one of four bases under the Lanham Act: actual use in commerce (Section 1(a)), bona fide intent to use (Section 1(b)), priority from an Indian application filed within the previous six months (Section 44(d)), or ownership of an Indian registration as country-of-origin registration (Section 44(e)). Alternatively, an extension of protection under Section 66(a) is filed through WIPO as a Madrid Protocol designation of the United States.
Does an Indian applicant need a U.S.-licensed attorney to file at the USPTO?
Yes for direct applications and post-registration filings. Under 37 CFR 2.11, in effect from 3 August 2019, foreign-domiciled applicants and parties to TTAB proceedings must be represented before the USPTO by an attorney licensed in the United States. Section 66(a) applicants are exempt at the time of the international filing through WIPO, but U.S. counsel must be appointed to respond to any provisional refusal or office action.
Madrid designation or direct U.S. filing, how is the choice made?
Three considerations. Where the United States is one of several international filings, Madrid offers cost and renewal economies; where it is the sole or primary foreign jurisdiction, direct filing is often cleaner. A Section 66(a) extension is dependent on the basic Indian mark for five years and exposed to central attack, whereas a direct application is independent from the start. USPTO classification practice is stricter than Indian practice, and a direct application allows USPTO-compliant language at filing.
What is the use requirement, and how does it affect Indian applicants?
U.S. trademark law is use-based, but proof-of-use timing varies by basis. Section 1(a) requires use at filing with specimen evidence. Section 1(b) requires verified bona fide intent at filing, with use proven through a Statement of Use after the Notice of Allowance. Sections 44(e) and 66(a) registrations issue without proof of use at filing, but each requires verified bona fide intent and, between the fifth and sixth anniversary, a declaration of use under Section 8 or Section 71.
How is a U.S. registration maintained after grant?
Through periodic declarations and renewals. A declaration of use under Section 8, or Section 71 for Section 66(a) extensions, is filed between the fifth and sixth anniversaries. Renewal under Section 9 is due every ten years, with Section 66(a) extensions renewed through WIPO. Under the Trademark Modernization Act, a registration may be challenged in ex parte expungement (between three and ten years from registration) or reexamination (within five years) where required use was not made.
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