US trademark counsel for applicants based outside the United States
If your business is based abroad, US law requires you to hire a US attorney.
That is a USPTO rule, not a sales pitch. It has applied since 2019. It covers the application, the examination, and every renewal afterwards. We act in that role, on flat fees. When you do not need us, we say so.
The rule, in one paragraph
Since 3 August 2019, any trademark applicant, registrant or party to a Trademark Trial and Appeal Board proceeding whose domicile is outside the United States must be represented by an attorney licensed to practise law in the United States. An individual is foreign-domiciled if they permanently live abroad. A company is foreign-domiciled if its principal place of business is abroad — which means incorporating in Delaware does not change your position if the business is actually run from London, Lagos or Bangalore.
It applies for the life of the mark: the application, every response during examination, the maintenance filing between years five and six, every ten-year renewal, and any dispute. Not once, at the start.
Read the rule in full, including what happens if you already filed →
Where we stand
- Flat fees, quoted in writing. Including the price of the things that might happen later.
- The attorney of record does the work. We do not lend a name to filings we have not prepared.
- We will tell you not to file. If a search turns up a blocking mark, you hear it before you pay for an application that cannot succeed.
- Patents go to a patent practitioner. Patent applications are prosecuted by a registered US patent practitioner we work with directly.
Trademarks sit inside a federal agency practice. The same firm litigates against federal agencies in court — FOIA, OFAC sanctions, and mandamus actions against USCIS. dcfederallitigation.com
If something has already gone wrong
Most people find this site after the USPTO has written to them. These are the four situations we see most, each answered in full.
Office actions
An office action starts a hard response deadline, and a foreign-domiciled applicant cannot answer it without US counsel. What the deadline is, what happens if you miss it, and what can still be saved afterwards.
Read →Appointing counsel
You already filed. Now the USPTO wants a US-licensed attorney of record. The mechanics of appointing one, what it does not undo, and why the correspondence address matters more than people expect.
Read →Filing it yourself
The short answer is no. The longer answer explains what the USPTO will and will not accept from you directly, and what actually happens to applications filed without the required attorney.
Read →Credential warning
The USPTO publishes a standing warning about firms that pay for a US attorney's name without that attorney doing the work. How the scheme works, what it costs applicants who use it, and the questions that expose it.
Read →Patents are a different rule
Since 20 July 2026 foreign-domiciled patent applicants and owners must also be represented in the United States — but by a registered patent practitioner, which is a separate USPTO registration requiring a technical qualification and its own examination. A general law licence does not reach it.
We say so plainly because a great many firms do not. Trademark work we handle ourselves. Patent applications are prosecuted by a registered US patent practitioner we work with directly.
Patent rule (2026)
Since 20 July 2026, foreign-domiciled patent applicants and owners must be represented by a registered US patent practitioner. What changed, who it binds, and how it differs from the trademark rule.
Read →Patent vs trademark
A great many people arrive looking for a patent when what protects their business is a trademark. The distinction, in plain terms, and which of the two US representation rules applies to each.
Read →Common questions
Do I really need a US attorney to register a trademark in the United States?
Yes, if your domicile is outside the United States. Since 3 August 2019, USPTO rules have required every foreign-domiciled applicant, registrant and TTAB party to be represented by an attorney licensed to practise law in the United States.
Does the attorney need to be a trademark specialist?
No. The rule requires a US-licensed attorney in good standing. It does not require an IP certification or admission to the patent bar — that is a separate requirement which applies to patent matters only.
I have not started selling in the United States yet. Can I still register?
Often yes. You can file on an intent to use the mark in US commerce, or, if you already hold a registration in your country of origin, you may be able to register in the United States without proving US use at all.
How are your fees charged?
Flat, quoted in writing before the work begins, and separate from the USPTO's own government fees. That includes the price of things that may happen later, such as responding to a refusal, so you are not exposed to an open meter.
Tell us what you are trying to protect
The mark, where your business is based, and whether you are selling in the United States yet. That is enough for a straight answer about what is required and what it costs.