How to Successfully Register a Trademark in the U.S. A Comprehensive Guide for Shenzhen Companies!

How to Successfully Register a Trademark in the U.S. for a Shenzhen-Based Company A Comprehensive Guide

As globalization continues to deepen, more and more Shenzhen-based companies are setting their sights on overseas markets-especially the United States, one of the world’s largest and most consumer-driven markets. Trademarks, as a crucial component of a company’s brand, not only represent its image but also serve as a guarantee of product and service quality. For Shenzhen companies aiming to establish a foothold in the U.S. market, registering a U.S. trademark has become a key task.

This article provides a detailed guide for Shenzhen-based businesses on how to register a trademark in the United States, incorporating the latest developments and practical insights.

1. Understanding the U.S. Trademark System

Trademark registration in the U.S. is handled by the United States Patent and Trademark Office USPTO. Unlike China’s first-to-file system, the U.S. operates under a first-to-use system. This means that even an unregistered trademark can gain certain rights through actual use in commerce. However, registering a trademark offers stronger legal protection and exclusive rights.

U.S. trademark applications can be filed based on either Use in Commerce or Intent to Use ITU. For Shenzhen companies that have not yet entered the U.S. market, the ITU basis is typically chosen. Under this approach, the application is filed first, and a Statement of Use must be submitted within six months after the application is approved with possible extensions.

2. Conducting a Trademark Search and Risk Assessment

Before submitting an application, conducting a thorough trademark search is essential to avoid infringement and rejection. Shenzhen-based companies can use the TSDR system on the USPTO website for an initial search to identify any identical or similar registered trademarks.

In 2025, USPTO upgraded its search tools with the addition of AI-assisted analysis, making similarity comparisons more accurate. This provides applicants with stronger support in the early risk assessment phase. It is also recommended to engage a professional agency for a deeper search to further reduce the risk of infringement. In recent years, many Chinese companies have faced costly lawsuits and reputational damage due to trademark conflicts.

3. Selecting the Appropriate Trademark Class and Description

The U.S. trademark system follows the Nice Classification, which includes 45 classes-similar to China’s system. Companies should carefully select the appropriate class based on their products or services and provide a clear and specific description of the goods or services.

In 2025, USPTO tightened its examination of specifications of goods and services, requiring that descriptions must be precise and conform to official templates. For example, instead of simply stating software, it should be specified as image editing software for mobile devices. This is especially important for tech and electronics companies from Shenzhen, to avoid rejection due to vague or overly broad descriptions.

4. Preparing Application Materials and Submission Methods

Shenzhen companies can either file the application themselves or hire a U.S. attorney to represent them. Given the complexity of the U.S. legal and language systems, it is strongly recommended to work with experienced U.S. attorneys or Chinese agencies familiar with international trademark procedures.

Standard application materials include

Trademark design black and white or color

Applicant information company name, address, business license

Description of goods or services

Statement of use if applicable

Filing fee approximately $350-400 per class

USPTO now fully utilizes the TEAS Trademark Electronic Application System, which has significantly improved efficiency. In 2025, the TEAS interface was further optimized, offering multilingual support to enhance the experience for international users.

5. Responding to Office Actions and Opposition Proceedings

After submission, a USPTO examining attorney will review the application. If there are grounds for rejection-such as lack of distinctiveness or similarity to an existing mark-an Office Action will be issued. Applicants must respond within six months, or the application will be considered abandoned.

Responses may include amendments, additional evidence, or legal arguments. Additionally, after the trademark is published in the Official Gazette, there is a 30-day opposition period during which third parties may file an objection.

In recent years, the number of trademark opposition cases has increased, especially targeting Chinese applicants. Some competitors use this process to block Chinese brands from entering the U.S. market. Upon receiving an opposition notice, companies should immediately consult with legal counsel to develop a strategic response.

6. Maintenance and Renewal Post-Registration Management

A U.S. trademark registration is valid for 10 years, but a Declaration of Use must be submitted between the 5th and 6th year to confirm that the trademark is still in use. Failure to do so will result in cancellation.

Trademark owners must also file a combined Declaration of Use and Application for Renewal before each 10-year renewal period. Establishing a trademark monitoring and management system is essential to ensure timely compliance and avoid the loss of rights due to oversight.

7. Leveraging Policy and Platform Support to Improve Success Rates

In recent years, Shenzhen has actively supported companies expanding overseas, offering various policies to encourage international IP strategies. For example, the Shenzhen Municipal Market Supervision Bureau Intellectual Property Office has launched a subsidy program for companies that successfully register trademarks in the U.S.

In addition, major e-commerce platforms like Amazon and eBay encourage sellers to register U.S. trademarks and provide brand protection tools. In 2025, Amazon launched Brand Registry 2.0, integrating trademark protection, image recognition, and other features to help sellers better protect their brand rights.

Conclusion

For Shenzhen-based companies, registering a U.S. trademark is not only the first step in building an international brand but also a cornerstone of a global brand strategy. By understanding the U.S. trademark system, conducting thorough research, selecting the right application method, and leveraging government and professional support, companies can confidently establish themselves in the U.S. market and maximize their brand value.