U.S. Attorney Representation for Chinese Brands: A Checklist

Short Answer

Yes, if your principal place of business is in China, you must appoint an attorney licensed in the United States for all USPTO trademark matters in 2026. Low-cost "attorney of record" retainers marketed to Chinese sellers are fine only if the lawyer is your attorney of record and files through their own USPTO.gov account.

We represent many China-based sellers and manufacturers. The rule has been in force since August 3, 2019 and the USPTO still treats it as current practice in 2026. If you file without a United States lawyer, you will be required to appoint one before anything moves forward.

Do Chinese brands need a United States attorney for USPTO work in 2026?

Yes. Foreign-domiciled owners, including Chinese companies and individuals, must use an attorney licensed in the United States in all trademark matters before the USPTO. This covers new applications, responses to Office actions, maintenance and renewal filings, and appeals or disputes before the Trademark Trial and Appeal Board.

Why this matters: without counsel, you cannot respond to USPTO Office actions. If the TTAB is involved, the proceeding is suspended until you appoint counsel in the United States.

What qualifies as a "foreign-domiciled" owner?

If your permanent legal residence is outside the United States, or if your company's principal place of business is outside the United States and its territories, you are foreign-domiciled and the rule applies to you. Most China-based brands fall into this category.

What must your United States attorney do?

Your representative must be an attorney who is an active member in good standing of the bar of the highest court of a state or territory of the United States. They must file using their own USPTO.gov account, appear as your attorney of record, and take responsibility for your submissions.

In practice, that means your attorney should:

• Prepare and file your application, using their own USPTO.gov account and signature.
• Receive and handle USPTO correspondence, including Office actions and examiner calls.
• Advise and file maintenance and renewal documents on your docketed deadlines.
• Represent you in TTAB matters or, if needed, recommend litigation counsel.

Services run by non-attorneys, or by lawyers who are not licensed in the United States, cannot represent you before the USPTO.

What happens if you filed without a United States attorney?

The USPTO will require you to appoint a United States attorney before further action. Foreign-domiciled owners cannot respond to Office actions without first appointing counsel, and TTAB cases with unrepresented foreign parties are paused until counsel appears. Deadlines continue to run. If you wait too long to appoint counsel, your application can go abandoned.

How to Vet a Low-Cost "United States Attorney Retainer" in 2026

Low-cost annual retainers are advertised to cross-border sellers. The dollar amount alone does not make an offer compliant or noncompliant. Compliance turns on whether a lawyer licensed in the United States, in good standing, is your attorney of record and does the filing from their own USPTO.gov account. Use this checklist before you pay:

1) Identity and license

• Ask for the lawyer's name, state of licensure, and bar number. Verify on the state bar website.

2) Attorney of record status

• Confirm they will appear as "Attorney of record" in TSDR for your application or registration, not as a correspondent only. You can search and confirm after filing.

3) USPTO.gov account use

• Ask, plainly: "Will you file and sign using your own USPTO.gov account?" The USPTO warns that services claiming to file without such an account may be scammers.

4) Scope in writing

• What does the annual fee cover? Commonly, basic attorney-of-record status, docketing, and routine correspondence. Office action responses, TTAB filings, and substantive legal work are usually billed separately. Get the per-action fees in writing.

5) Who prepares and who signs

• Paralegals can help prepare drafts, but only the attorney should review, approve, and sign. Your name should not be used as a filer to get around the rule.

6) Communication channel

• The USPTO correspondence email should route to the attorney's docketing system, with you copied. Avoid services that insist the USPTO only contact you while a hidden lawyer signs in the background.

7) Conflicts and data security

• A law firm runs a conflict check and protects your data. Ask about conflict procedures, storage, and who has access to your TSDR records.

8) End of engagement

• If you leave, will the attorney promptly withdraw and transfer the file? The process should be clear.

Red flags to avoid:

• "We can file without a USPTO.gov account."
• "Our China-based agents will handle everything."
• "You file it yourself, we just give templates."
• "We are not lawyers, but we know how to do it."

When you see any of these, walk away.

What filings must go through your United States attorney?

All USPTO submissions for foreign-domiciled owners should flow through your attorney. That includes:

• Initial applications and any amendments.
• Responses to Office actions, examiner interviews, and petitions.
• Maintenance and renewal filings at the required intervals.
• TTAB oppositions, cancellations, and appeals.

If you are filing from abroad, see our practical guide to filing a United States trademark from abroad.

Do you need a federal registration at all?

You can use a trademark in the United States without a federal registration. But registration gives strong advantages, like presumptions of ownership and nationwide rights, which help on marketplaces and in court. Many sellers pursue registration to qualify for Amazon Brand Registry, which accepts a pending application as well as a registration. For the full seller's view, read our guide to Amazon Brand Registry trademark requirements.

A Pattern We See

A Shenzhen hardware brand hired a marketplace "agency" that paired them with an undisclosed United States signer. The application used a weak specimen and broad goods. An Office action issued. The brand could not respond because they, as a foreign-domiciled owner, had no attorney of record. By the time they found us, the response window had almost closed. We entered as attorney of record the same day, fixed the goods, and filed a new specimen. The first filing later went abandoned. The avoidable cost was time and a second government fee.

Lesson: if the person filing is not visibly your United States attorney of record, the problem lands on you.

How We Handle United States Attorney Representation

We are an attorney-led firm founded in 2016. Our trademark team covers the countries and regions where you trade. For United States matters, a GTC attorney licensed in the United States becomes your attorney of record, files through our own USPTO.gov account, and stays on the file through examination and maintenance.

What you can expect from us:

• Attorney of record on day one, with TSDR visibility.
• Plain-English advice on specimens, identification of goods, and refusals.
• Docketing of all deadlines, with reminders well before due dates.
• Fixed fees quoted before work begins for new filings, Office action responses, and renewals. The USPTO fee is $350 per class; our professional fees are on the pricing page.

Ready to appoint counsel now? See our United States attorney representation service. If you are starting a new trademark, we can also file end to end through our United States trademark service. Common questions from overseas owners are answered in our FAQ.

Related reading:

• Trademark Office Actions Explained
• What a trademark costs in the US, UK, EU, India and China