How to Register a Trademark in the U.S. for a Shenzhen Company? Here's a Complete Guide!

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

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

This article, based on recent updates and insights, provides a comprehensive guide to help Shenzhen businesses navigate the U.S. trademark registration process smoothly.

1. Understand the Structure of the U.S. Trademark System

Trademark registration in the U.S. is managed by the United States Patent and Trademark Office USPTO. Unlike China’s first-to-file system, the U.S. follows a first-to-use system. This means that even an unregistered trademark can gain certain rights if it is actively used in commerce. However, registering a trademark provides stronger legal protection and exclusive rights.

U.S. trademark applications can be filed based on either actual use in commerce or intent to use ITU. For Shenzhen companies that have not yet entered the U.S. market, the intent-to-use option is typically chosen. You can file the application first and then submit proof of use within six months after approval.

2. Conduct a Trademark Search and Risk Assessment Avoid Infringement and Rejection

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

In 2025, USPTO updated its search tools with the addition of AI-powered analysis, making it easier and more accurate to assess trademark similarity. This upgrade is a valuable resource for applicants during the risk assessment stage.

It is also highly recommended to work with a professional agency for a deeper search to reduce the risk of infringement. In recent years, many Chinese companies have faced lawsuits in the U.S. due to trademark conflicts, resulting in financial losses and damage to brand reputation.

3. Choose the Right Trademark Class and Accurate Goods/Service Description

The U.S. trademark system follows the Nice Classification system, 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, detailed description.

In 2025, USPTO strengthened its scrutiny of goods and service descriptions, requiring them to be specific, clear, and aligned with official templates. For example, software is considered too vague. A better description would be image editing software for mobile devices.

For tech and electronics companies from Shenzhen, this is especially important. Inaccurate or overly broad descriptions may lead to rejection.

4. Prepare Application Materials and Choose a Submission Method

Shenzhen companies can choose to file the application themselves or hire a U.S.-licensed attorney. Given the complexity of the U.S. legal system and language barriers, it is strongly recommended to work with an experienced U.S. attorney or a reputable Chinese agency.

Typical application materials include

Trademark design black and white or color

Applicant information company name, address, business license

Description of goods/services

Statement of use if applicable

Filing fee approximately $350-$400 per class

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

5. Responding to Office Actions and Handling Oppositions

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 trademark-the applicant will receive an Office Action notice.

Companies must respond within six months; otherwise, the application will be considered abandoned. Responses may include amendments, additional evidence, or legal arguments.

Once approved, the trademark will be published for opposition for a 30-day period. During this time, third parties may file an opposition. In recent years, the number of opposition cases has increased, especially targeting Chinese applicants. Some competitors use oppositions to delay or block Chinese brands from entering the U.S. market. Upon receiving an opposition notice, companies should immediately consult with their attorney to develop a strategic response.

6. Maintenance and Renewal Post-Registration Management Matters

A U.S. trademark registration is valid for 10 years. However, between the 5th and 6th year after registration, the trademark owner must submit a Declaration of Use to prove the mark is still being used in commerce. Failure to do so will result in cancellation.

Before the 10-year term ends, a renewal application must be filed, which also extends the registration for another 10 years. It is important for companies to establish a trademark management system, regularly monitor the status of their trademarks, and avoid losing rights due to oversight.

7. Leverage Government and Platform Support to Improve Success Rates

In recent years, Shenzhen has actively supported local companies in expanding overseas, offering various policies to encourage international IP development. 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.

Additionally, 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 and image recognition features to help sellers better safeguard their brand rights.

Conclusion

For Shenzhen-based companies, registering a U.S. trademark is not just the first step in going global-it is a foundational element of building a global brand strategy. By understanding the U.S. trademark system, preparing thoroughly, choosing the right application method, and leveraging policy support and professional services, companies can successfully establish their presence in the U.S. market and maximize their brand value.