Register a US trademark from India

Yes. A business or individual based in India can register a US trademark. With a domicile outside the United States, the application must be filed by a US-licensed attorney. A registration from the Trade Marks Registry, which sits under IP India, protects the mark in India only. A US application does not require an Indian registration first.

If you export software or services

An IT services firm or a software company serving US customers often has a brand that does not appear on any US record. The question is which class fits what you deliver. Software that clients log in to points to class 42. Software they install points to class 9. A consultancy or staffing business may sit in class 35. We confirm with you what the client actually receives before choosing.

If you run a direct-to-consumer brand

A D2C brand shipping to US customers from its own store or through a marketplace has a different set of questions. Which products carry the brand, and does the shop need protection as well as the goods? A skincare or apparel label, for instance, may file for its products first and cover the store name later. Our guide for online shop sellers goes through this.

Name the correct applicant

Indian businesses operate as private limited companies, LLPs, partnerships and sole proprietorships. The applicant must be the owner of the mark, and for a proprietorship that is the individual, not the trade name. We ask for the exact legal name from the incorporation or registration documents and match the application to it.

Words from Indian languages

A brand name taken from Hindi, Tamil, Bengali or another language is not safe from a descriptiveness objection just because it is not English. The USPTO may translate a foreign word and treat it as descriptive if it names the goods. A tea company using the Hindi word for tea is the plain example. Tell us the meaning of the name in every language it comes from, so we can raise the question before the examiner does.

Time difference of 9.5 to 10.5 hours

India is about 9.5 to 10.5 hours ahead of US Eastern time, depending on the season. Our morning hours land in your evening. Most work moves by email, and we reply within one business day. Our office hours are Monday to Friday, 9 a.m. to 5 p.m. ET, and we arrange calls at a time that is reasonable on your side. Deadlines are tracked on the US calendar and shown to you in your own date.

When to file

File before the US launch, not after the first order ships. If a US buyer or distributor registers a similar name first, you may be the one who has to change. Our free name search checks USPTO records before you spend anything, and how long a trademark takes sets expectations for timing.

What to prepare

The legal name and registered address of the owner.
The brand name, or a logo as an image file.
A plain description of what US customers receive.
The date you first sold to a US customer, if you have.

Send what you have. We ask for the rest before anything is filed, and you see the total first on our pricing page.

This is general information, not legal advice.