Can You Apply for US Trademark from Outside US with No Attorney? | file USPTO trademark from abroad
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- Опубліковано 30 січ 2025
- If you can't afford an attorney, you may want to file your own DIY trademark application -- but this is more difficult if you are located outside the United States. In this video I go over the two issues you will run into -- owner domicile and applicant identification (id.me) -- and strategies for handling each issue.
I also give you recommendations for what to do if you cannot overcome both issues, including where to find an attorney to help you with your trademark.
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Want to work with me on your USPTO Trademark application?
I have a few spots in my schedule for new clients for Trademark Packages ($850 plus USPTO filing fees), where I will represent you & file your trademark with the United States Patent & Trademark Office.
This includes doing a trademark search, consulting about strategy, filing the application, and facilitating it through the trademark office process.
If you're interested, email me at elizabeth@elizabethpw.com and we can get started discussing if this is a good fit for you and next steps.
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Want more info about this topic? Have a question?
Leave a comment below!
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Legal Disclosure: I am licensed to practice in the state of California and before the United States Patent and Trademark Office. Information contained in this video is not legal advice - please seek advice of counsel. This video and description may contain attorney advertising.
Disclosure: My videos may contain reviews, recommendations, testimonials, or endorsements of other businesses, individuals, events, materials (such as books), products, services, or websites. At this time I do not receive any monetary compensation or affiliate revenue for such content. I occasionally receive free access to a service, product, or program in order to provide a review; if so, I will clearly disclose this in the video.
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#trademark #diy
Here's the video on using a PO Box / virtual mailbox for USPTO trademark applications: ua-cam.com/video/_xFak8GTtQc/v-deo.html
Hello.. I found a lot of offers, but I am confused now.. Some people ask for $1,000 and some ask for $400.. How do we know the truthful one from the fraudster? I need to register my brand for Amazon..Quickly..What are your prices? please
Hello, I have a question for someone from Turkey who wants to register a trademark in the USA. Can this person apply for trademark registration on the USPTO website without establishing a company in the USA or hiring a lawyer? The trademark will be used for selling on Amazon. Are there any potential issues if we proceed without a company or lawyer? Thank you
Hi. I have 4 logos for the same brand do I have to pay extra for each logo?
I also have a different question, I have a business service for example (hillme embroidery service) and I want to have hillme as a clothing line, is that a different process, or is it ok if it is under my business name for the example (hillme embroidery)is my business name.
If you want a trademark for all 4 logos, yes it would be 4 separate applications with 4 separate filing fees. Usually we don't do that because so expensive -- we just file for the main one that is used most often. Not sure what you mean by "different process" -- but a service like embroidery services would be in a different trademark class than a product like clothing.
Hi! Thank you so much for your clarification ! I am in Canada and I did the video chat verification, and it is approved. Do I need a lawyer?
If you don't reside in the US you will eventually need to add a lawyer, but they might let you do the initial filing (then they will issue an office action requiring you to add a lawyer)
Hi, very helpful. I am not a US citizen or resident but I have a non-resident LLC in Florida and I have a physical FL address that I've used while forming the llc and I'm now looking to file a trademark with USPTO to register with amazon's brand registry. I have two questions: 1/ should I file the trademark with myself as an individual owner of the trademark or LLC as the owner of the trademark? 2/ do I need a lawyer to file the trademark considering that while I'm neither a citizen nor resident but I have a LLC in the US? Thanks in advance!!!
The trademark owner must be domiciled in the US with a real address where officers/employees work. Otherwise, you need an attorneyl.
Mam, how can hire the an attorney because I am trying to register trademark through uspto but I am non resident and I have no idea how can hire an attorney.
what about Canadaian citzen? will Canadian ID document be sufficient to pass through ID verification? I do have EIN from USA for tax propuses.
Hm I'm not sure but I do know that Canadian attorneys can get approved, so maybe you can get the ID verification. You'd still have to deal with the residency issue, though.
Do i NEED to do a more comprehensive Research in ALL US States and additional common law databases? Thats seems insane. A Tademark Lawyer says, its "recommended". So USPTO is not enough?
Eh lawyers are risk averse so they recommend it to be safe, but most of the time it doesn't matter, since no search finds everything anyway. However, make sure to search USPTO and google, at least
Thank you very much for all the support you offer. Would you please give some information about the process of
LLC RELATED TO STRIPE and how to avoid being blocked by stripe for NON US RESIDENTS. And does NORTHWEST help with this?
THANK YOU 😊
If your top concern is being able to use Stripe, you may want to look at stripe.com/atlas & stripe.com/docs/atlas -- I have not done a video about them yet (coming soon) but since it is integrated into stripe and they talk about being able to form from other countries, it may be a good solution for accepting credit cards and they also have banking partners
Hi, I’m looking to file for a trademark in the US for any possible business activity I may have in the future. If my business partner resides in the US and I do not, will the application be accepted? (I reside in Australia and the businesses is also in Australia).
Well if the application will be accepted is a big question but (1) if you use the business partner's location address as the company address, then that should work for "residency" purposes and (2) you'll need to apply for the trademark in specific classes that you swear under penalty of perjury you intent to do (not for any/all possible business activity)
hi do you need an ein number even if you use a registered attorney to file a trademark for you in the usa becuase you live outside the usa?
You don’t need an EIN for a trademark
thanks!@@ElizabethPW
Hy ma'am I wanted to know that can we put any country phone number while registering trademark because if we register an LLC they don't provide us a phone number but only an address
Well I have not seen a requirement that states it must be a US number, but if you are submitting your own trademark application, the owner has to reside in the US. Having a non-US telephone number would make it obvious that you're not in the US. There are various companies that provide virtual US phone numbers
@@ElizabethPW thanks so much ma'am that helped me alot I've seen couple of your videos and find very very helpful you teach in so much details.
@@ElizabethPW glad you've answered my question thankyou 🙂
Hi, Can a LOP be filed outside of US without attorney?
Hm my understanding is that any USPTO trademark filing will need to be from someone in the US or a US attorney, because you'd need to have the ID.me set up to create the login, and it seems that can only be done in the US
I have an intent to use trademark application pending and plan to switch to an "In Use" trademark application. How many sales do I need to satisfy the requirements to successfully obtain the trademark
Just one!
Hello, My company is registered outside of the US with a foreigner owner. The trademark also used a filing service to file for us years ago because the business operates outside the US. We are trying to do maintainance filing for our 5-6th year but are now required to do real name verification. In this instance who is responsible for verification? the trademark owner (company owner?) or could we only use a verified US based attorney to file the maintance forms for us. Thanks for your response if you have the time to!
The real name verification has to be by whatever human person is going to do the filing. So if no owners of a small business reside in the US so they cannot get the ID verification, then yes the company would need to hire a lawyer to do the filing. You can try this law firm www.trademarkia.com/trademark-renewal/
Thank you for the great information! Do you know if these rules still apply if you file via WIPO?
My understanding is that you can do the initial filing but they will require you to get a US attorney when they issue the first office action. But since this rule is fairly new, I haven't handled one of these yet
Thank you so much :)@@ElizabethPW
Thank you, you are very honestly.
How much do you charge if i hire you for my Trademark registration???
Thanks for asking but I'm not taking new trademark registration clients
Hello.. I found a lot of offers, but I am confused now.. Some people ask for $1,000 and some ask for $400.. How do we know the truthful one from the fraudster? I need to register my brand for Amazon..Quickly..What are your prices? please
Yep it can be hard! My fee for a Trademark Package is $850 (does not include USPTO filing fees, usually $250 per class). If you're interested, email me elizabeth@elizabethpw.com
Do you need an LLC to apply for a trademark in the usa 🇺🇸 from Canada?
No, but you need a US attorney
Heyyyy Please Please i have a quick question….. What if I got a trademark in Australia so can I use that trademark for selling in US market in Amazon FBA business???
While they do accept australian trademarks, I do not know if they allow for the US market (my guess is no but I don't know)
What if I file the application without an attorney while still living in the U.S. but move outside the U.S. in between the months their processing the application?
Hm well they do require that you keep it updated so not sure if that would work in the long term www.uspto.gov/trademarks/laws/trademark-rule-requires-foreign-applicants-and-registrants-have-us
Gotcha thank you and great video btw.@@ElizabethPW
I’m not an American and I’m looking to start a clothing brand. Most of my family lives in the U.S. so by using they’re addresses etc. is it possible I can still obtain a trademark?
Well there are two aspects. You could form the business using the relative's address, so the residence of the business would be in the US. The problem is *your* residence is outside the US, so you can't get approved using ID.me for a USPTO login. You'd need someone in the US to do that -- either a business partner or an attorney
Ok how can I get in touch with you to further discuss?
I don't take clients anymore except via my Patreon - www.patreon.com/elizabethpw
Hello i'm from india and i want to register my trademark in usa so please share the price and contact info.
I'm not taking new clients right now, but check out elizabethpw.com for more info
Are you accepting client? I am based in the UK and want to trademark a name.
Yes, for trademarks -- you can email me at elizabeth@elizabethpw.com
I want a trademark, and I'm from abroad. I need an attorney.
- My attorney will pay with his credit card ? (uspto fees)
- I need to tranfer to him $350 uspto fees ? Or how should the process go ?
Thanks for your explanation.
Every attorney does this differently. Some will pay with a credit card and then you reimburse them. Others have you pay up front.
thank you a very helpful video for me
Great to hear!
Hello,
I am based in Pakistan but i have registered company in US , Now i wants to register trademark in US , so how can i register without attorney?
My understand is to file yourself with no attorney, you must have someone who is a resident of the US and has a real location address in the US, who is an owner or officer in the company
@@ElizabethPW i am individual company owner and I purchased US virtual address which is mentioned on LLC as well , so can I do it by myself without attorney?
Can hire registered agent?
The registered agent would need to be an attorney
Thank u mam I m pursuing us intellectual property course for freelancing in us law firm. Is it worth?
Not sure what that is, perhaps it is a paralegal or legal assistant course? That might be helpful, but you'd want to look at job descriptions for law firms to see what qualifications they require for those jobs
Thank you mam.
Madam I want to talk to you I want to apply trademark I will pay your fees can you help me
Thanks for asking but I'm not taking new trademark registration clients
Can We Apply for US Design Patent from Outside US with No Attorney and Legal representative?
I don’t handle patents anymore so I’m not in the loop. But I will say patents are very technical so check out this program they have to help people: www.uspto.gov/patents/basics/using-legal-services/pro-se-assistance-program
That's is a lot of knowledge in this vedio about non us residents. That's mama you are great. ❤
MAKE A VIDEO ON DMCA NOTICES.
Thanks for that idea!