Do You Need a Lawyer to Register a Trademark in the U.S.? The Answer Might Surprise You!

Do You Know That Foreign Applicants Need to Appoint a U.S. Attorney When Registering a Trademark in the United States?

You might be surprised! The United States has always been a key market in the field of international trademark registration. For many companies looking to expand overseas, the U.S. is not only one of the world's largest consumer markets, but also one of the strictest countries in terms of intellectual property protection.

In recent years, as Chinese brands have accelerated their global expansion, more and more Chinese companies have turned their attention to the U.S. market. Naturally, trademark registration has become an essential step in this process. However, many business owners face a common question when preparing to register a trademark in the U.S. Is it really necessary to appoint a local U.S. attorney?

The answer may surprise you - yes, in most cases, foreign applicants are indeed required to appoint an attorney registered with the United States Patent and Trademark Office USPTO when registering a trademark in the U.S. This is not some unwritten rule, but a formal requirement explicitly stated in USPTO regulations.

According to USPTO rules, any individual or entity not based in the U.S. must use a U.S.-licensed attorney to file a trademark application, respond to office actions, or participate in opposition or cancellation proceedings. This applies to all non-U.S. applicants, including those from China, India, Europe, and other regions.

Why does the U.S. have such a rule? From the USPTO’s perspective, the goal is to ensure that all trademark applications and legal procedures comply with the complex U.S. trademark legal system. Unlike many countries, the U.S. trademark system not only relies on registration but also emphasizes the principle of use in commerce. This means that trademark rights are not only established through registration but also through actual commercial use.

By requiring foreign applicants to work with a local attorney, the USPTO aims to improve application quality and reduce errors or invalid filings caused by unfamiliarity with U.S. law.

With the rapid growth of cross-border e-commerce in recent years, a large number of Chinese sellers have entered U.S. online marketplaces such as Amazon and eBay, leading to a surge in trademark registration demand. At the same time, there has been an increase in trademark squatting and bad-faith oppositions.

To maintain order in the trademark registration process, the USPTO has also been strengthening its scrutiny of foreign applicants. According to a 2025 report, the USPTO rejected over 100,000 foreign trademark applications in the past two years due to non-compliance with the attorney requirement or improper documentation - many of which were from China. This serves as a clear warning to Chinese companies.

Although some applicants may try to save costs by filing on their own, this often backfires. If an application is rejected for failing to appoint a U.S. attorney, it results not only in wasted time and money, but may also delay a brand’s market entry. Worse still, if a trademark is preemptively registered by someone else, a company may be forced to buy it back at a high price or even exit the market altogether.

It's worth noting that although the law requires foreign applicants to be represented by a U.S. attorney, this does not mean companies have no choice in the matter. In fact, many Chinese intellectual property agencies have established partnerships with U.S. law firms and can offer one-stop services. Companies can prepare documents and communicate in China, while the U.S. partner handles the legal procedures on their behalf. This approach complies with legal requirements and significantly simplifies communication and operations.

At the same time, in recent years, more and more Chinese companies have started to prioritize intellectual property strategies in the U.S. For example, in early 2025, a well-known Chinese consumer electronics brand completed comprehensive trademark, design, and patent registrations through a local U.S. attorney before launching new products in the American market. This laid a solid foundation for its successful market entry and reflects a growing awareness among Chinese companies that localized IP protection is a crucial part of global brand expansion.

Of course, some may argue that this requirement creates a barrier for foreign applicants. However, it’s undeniable that the U.S., as one of the most sophisticated intellectual property protection systems in the world, offers strong legal certainty and enforceability for trademark rights. For companies truly committed to long-term development in the U.S. market, hiring a qualified attorney is not a burden, but rather a strategic investment.

In conclusion, the requirement to appoint a U.S.-based attorney when registering a trademark in the United States is not optional - it is mandatory. Especially in today’s increasingly complex international IP environment, compliance is more important than ever. Whether you're a startup or an established brand, only by truly understanding and respecting the U.S. legal system can you stand firm in the competitive marketplace.

If you are planning to register a trademark in the U.S, remember this hiring a reliable U.S. attorney is not a choice - it is a necessity.