Must-See for Shenzhen Entrepreneurs A Detailed Guide to U.S. TM Regis. Requirements Process

Essential Guide for Shenzhen Entrepreneurs Understanding the Requirements and Process of U.S. Trademark Registration

In recent years, as global economic integration deepens, more and more entrepreneurs from Shenzhen are setting their sights on overseas markets-particularly the United States, one of the world’s largest consumer markets. In the process of brand globalization, trademark registration has become a crucial step that cannot be overlooked. Especially in 2025, with the continuous optimization of cross-border e-commerce policies and stronger international intellectual property protection, the demand for U.S. trademark registration among Shenzhen-based companies has significantly increased.

This article provides a detailed explanation of the conditions and procedures for U.S. trademark registration, tailored specifically for Shenzhen entrepreneurs based on the latest industry developments.

1. The Importance of U.S. Trademark Registration

For Shenzhen startups or cross-border e-commerce sellers, having a registered trademark in the U.S. is not only a symbol of brand legitimacy, but also a critical legal safeguard in market competition. In the event of trademark infringement, a registered trademark becomes the foundation for legal action.

The U.S. market enforces intellectual property protection rigorously. Many platforms, such as Amazon, require merchants to have registered trademarks before they can apply for brand registration or conduct marketing campaigns.

In June 2025, according to Shenzhen Business Daily, a local tech company suffered heavy losses after its product was removed from Amazon due to a competitor’s trademark complaint-simply because the company had not registered its trademark in the U.S. in time. Such cases are increasingly common, highlighting the urgency of trademark registration.

2. Basic Requirements for U.S. Trademark Registration

a. Applicant Qualifications

There are no nationality restrictions for U.S. trademark registration. Any individual or business entity can apply. Shenzhen entrepreneurs can complete the entire registration process by appointing a qualified U.S. trademark attorney.

b. Trademark Registrability

The trademark must be distinctive and not identical or too similar to existing registered trademarks. It must also not include any marks prohibited by U.S. law, such as national flags or official emblems. Descriptive terms like fast or best are generally considered lacking distinctiveness and may be rejected.

c. Use in Commerce or Intent to Use

The U.S. operates on a first-to-use system. Applicants can choose between two filing bases

Use in Commerce The trademark is already being used in commerce. The applicant must provide the first date of use and evidence of use.

Intent to Use ITU The trademark has not yet been used, but the applicant has a genuine intent to use it. After approval, the applicant must submit a Statement of Use within a specified timeframe.

3. Step-by-Step U.S. Trademark Registration Process

1. Trademark Search

Before submitting an application, entrepreneurs should conduct a trademark search to ensure the desired mark is available. A free search can be done on the U.S. Patent and Trademark Office USPTO website, or a professional agency can perform a more comprehensive search to reduce the risk of rejection.

2. Submit Application Materials

Applications are submitted electronically via the USPTO website and must include

Trademark image

Classification of goods/services based on the Nice Classification

Applicant’s information

Declaration of use or intent to use

Application fee starting at $350 per class

3. Formal and Substantive Examination

Upon receipt, USPTO first conducts a formal examination to ensure all documents are complete. Then, a substantive examination is carried out by an examiner to assess whether the trademark meets registration requirements. If issues are found, USPTO may issue an Office Action requiring a timely response.

4. Publication and Opposition Period

If the trademark passes the examination, it will be published for a 30-day opposition period. During this time, third parties may file an opposition. If no opposition is filed or it is unsuccessful, the trademark will be officially registered.

5. Registration and Renewal

Once registered, the trademark is valid for 10 years and can be renewed indefinitely. The trademark owner must also file a Declaration of Use between the 5th and 6th year after registration; otherwise, the trademark may be canceled.

4. Common Mistakes Made by Shenzhen Companies

a. Neglecting Class Selection

Some entrepreneurs register only a few classes to save costs, only to later encounter trademark conflicts when expanding their product lines. It is recommended to carefully select multiple classes based on the company's product range.

b. Choosing Low-Cost Agents Blindly

Some low-cost agencies offer inconsistent service quality, which may result in incomplete documentation or missed deadlines for responding to Office Actions. It is advisable to choose reputable and experienced intellectual property agencies.

c. Ignoring Post-Registration Maintenance

Trademark registration is not a one-time process. Regular market monitoring is necessary to prevent unauthorized use or infringement. Also, be mindful of deadlines for renewal and usage declarations to avoid trademark cancellation.

5. Recent Policy and Industry Updates 2025

In September 2025, USPTO announced stricter enforcement of trademark application reviews, particularly targeting false evidence of use. This policy change places higher demands on Shenzhen companies to ensure all submitted documents are accurate and complete.

With the gradual stabilization of U.S.-China trade relations, American market acceptance of Chinese enterprises has improved. According to Shenzhen Customs data, in the first half of 2025, Shenzhen’s exports to the U.S. increased by 8.3% year-on-year, with high-value-added products such as consumer electronics and smart wearables performing strongly. This trend means more Shenzhen brands will need trademark protection to solidify their market position.

6. Conclusion

For Shenzhen entrepreneurs, U.S. trademark registration is not just a legal compliance requirement-it is a strategic step toward global brand building. By understanding the registration requirements, mastering the procedural details, avoiding common pitfalls, and staying updated with the latest policy changes, companies can efficiently establish a strong trademark portfolio and lay a solid foundation for their expansion into the U.S. and global markets.