US Trademark Registration for Indian Businesses: Pricing, Process, and Amazon Brand Registry

Indian brands can register in the United States, but you must choose the right filing basis and work with an attorney licensed in the United States. The USPTO fee is $350 per class, timelines often run over a year, and e-commerce goals like Amazon Brand Registry sit outside USPTO rules. Here is a clear plan for Indian companies.

Do Indian owners need a United States attorney?

Yes. If your business is domiciled outside the United States, an attorney licensed in the United States must act for you before the USPTO. That rule covers filing, responding to refusals, and post-registration filings. It is not optional. In our experience it also saves time and reduces avoidable refusals.

What we do as your counsel:

• Build the filing strategy and choose the filing basis.
• Draft accurate identifications of goods and services.
• File and prosecute the application, including responding to Office Actions.
• Plan specimens and proof of use, then file them when required.

Which filing basis should you use?

You file under one or more legal "bases." The choice drives when you must prove use and how fast you can register.

• If you are already selling in the United States: Section 1(a), use in commerce. You provide dates of first use and a specimen for at least one good or service in each class at filing.
• If you plan to start United States sales soon: Section 1(b), intent to use. You can file before launch, then submit proof of use later through an Amendment to Allege Use or a Statement of Use. Registration will not issue until use is proven.
• If you filed in India within the last 6 months: add Section 44(d) priority. File in the United States within six months of your Indian filing to claim that earlier date. You still need a main basis, often 1(b) for companies not yet selling, or 1(a) if already selling.
• If you already hold an Indian registration for the same trademark and goods or services: Section 44(e). You can obtain a United States registration based on your Indian registration without showing use in the United States at the time of registration. You must then use the trademark in United States commerce, because between years 5 and 6 after registration you file a Section 8 declaration showing use (or excusable non-use), and the registration is canceled if you cannot.
• If you prefer an international route: WIPO's Madrid System (the Madrid Protocol), Section 66(a). File an international application with the Indian office and choose the United States. The USPTO still examines your trademark under United States law, and foreign-domiciled owners still need a United States attorney to answer any refusal.

A quick decision guide:

• Have United States sales now? File 1(a). No sales yet but launch is planned? File 1(b).
• Filed in India less than 6 months ago? Add 44(d) to lock in the earlier date.
• Already have an Indian registration covering the same goods or services? Consider 44(e) to skip proving use at registration, then plan the maintenance filings.
• Want a single international filing to cover multiple countries? Consider an international application through WIPO's Madrid System that covers the United States.

Mixing Bases in One Multi-Class Application

A single United States application can cover more than one class for the same trademark, with the $350 fee charged per class. For brands with some lines already shipping to United States customers and others still in development, we often mix bases in one multi-class application: use-based (1(a)) for the classes already in market, intent-to-use (1(b)) for the rest. That keeps one filing record and one priority date while the intent-to-use classes stay alive on timely extensions.

Two things to expect from a multi-class filing:

• The USPTO examines class by class. It can accept one class and refuse another in the same application.
• Each item must fit a recognized class and be definite under USPTO rules. Do not dump a long, vague list; draft to your catalog. Class Assist helps you pick the classes before we draft.

What does the USPTO process look like, and how long does it take?

Expect several stages. Examination usually starts months after filing, and total time to registration often exceeds a year, depending on refusals and any oppositions.

Core steps:

1. Prepare and file. We clear the trademark, set the basis, and file with accurate goods and services per class.
2. Examination. A USPTO attorney reviews the application and may issue an Office Action. Substantive refusals often involve descriptiveness or likelihood of confusion. See our guide on How to Respond to a USPTO Office Action: Step-by-Step.
3. Publication. If approved, your trademark is published for a 30-day opposition period. If an opposition is filed, we defend or negotiate.
4. Registration or Notice of Allowance. For 1(a), 44(e), or clean cases through WIPO's Madrid System, the USPTO issues a registration. For 1(b), you receive a Notice of Allowance and must later submit proof of use via a Statement of Use. Our primer on SOUs is here: Statement of Use (SOU): What It Is, When to File, and How to Avoid Abandonment.
5. Maintenance. Use-based maintenance filings follow registration. Even 44(e) registrations and those that came through WIPO's Madrid System require later use in the United States to remain valid.

What will it cost to register a United States trademark from India?

USPTO government fees, all charged per class:

• Application: $350 per class (the single base application in force since 18 January 2025). Surcharges apply if you use free-form wording instead of the ID Manual or leave required information out, which is one reason we draft to the Manual.
• Statement of Use or Amendment to Allege Use (1(b) filings only): $150 per class.
• Extension of time to file the Statement of Use: $125 per class, per six-month extension.
• Section 8 declaration of use (years 5 to 6): $325 per class, or $575 per class combined with a Section 15 incontestability claim.
• Renewal (Section 8 and 9, every 10 years): $650 per class.

WIPO route: you pay WIPO a basic fee plus the individual fee for the United States, set in Swiss francs. WIPO's fee calculator gives the current amount. The USPTO still examines the application under United States law.

Our professional fee is separate. We quote a flat fee for each stage and keep per-class costs transparent; current package prices are on our pricing page. If a refusal surfaces, we scope and price the response before you commit.

For a broader budgeting explainer, our cost guide covers the moving parts in plain language: How Much Does It Cost to Trademark a Name in 2026? A Complete Breakdown.

How should Indian sellers plan for Amazon Brand Registry?

Amazon's enrollment rules are not USPTO law. They change over time and vary by country program. Treat them as a separate checklist. Before filing, map your brand, goods, and proof of use to your e-commerce plan, then verify the current eligibility rules in Seller Central. Our Amazon Brand Registry service handles enrollment alongside the filing.

Practical tips we share with clients:

• File the trademark you will put on products and storefronts. Word marks are flexible across logos and packaging; stylized logos can be stronger for look-alike defense but are narrower.
• Align goods and services to your United States offerings. If you sell skincare and also offer an app, consider separate classes that match each line.
• Plan proof of use early. For goods, think product labels, packaging, and point-of-sale pages. For services, think customer-facing webpages for the United States showing the service, a price, and a way to order. Our Specimen Guide shows accepted and rejected examples.
• Time your launch and filings. If you need fast marketplace takedowns, an intent-to-use filing secures a place in line while you prepare specimens. If you have an Indian registration, 44(e) can speed issuance of a United States registration, with use proof coming later for maintenance.

For program specifics and cross-border enrollment strategy, see Amazon Brand Registry 2026: Trademark Requirements, Multi-Country Strategy, and Common Rejection Reasons.

What evidence of use will I need, and when?

• Section 1(a). Specimens at filing for each class, showing the trademark as used in United States commerce.
• Section 1(b). Specimens later with an AAU or SOU. You can request extensions if launch takes longer than planned, within USPTO limits.
• Section 44(e). No United States specimen to issue the registration, but you must prove use in the United States in the Section 8 filing between years 5 and 6.
• WIPO's Madrid System, Section 66(a). Same use rules as a national filing once you reach maintenance.

Product mockups and decorative-only use are the most common specimen failures. A goods specimen should show the trademark on the product, its packaging, or a product page with a way to buy. A services specimen should show the trademark advertising the service with ordering or contact details. In one gifting-brand matter, the examiner refused the first specimen as decorative; we resolved it by submitting marketplace listings that showed ordering information and the trademark used as a source indicator.

If you are planning a United States launch from India, build specimens as you finalize packaging, your website for the United States, and distribution. This avoids rushed or rejected evidence later.

A Quick Scenario From Our Desk

An Indian cosmetics startup filed in India in March. In May, we filed a United States application on 1(b) with a 44(d) priority claim. We drafted a precise identification covering serums and cleansers in one class and a branded online retail service in another. The application cleared publication without opposition. After their first United States shipments, we filed the Statement of Use with photos of labeled cartons and a live product page with United States pricing and checkout. Registration followed. Their marketplace takedowns got faster once the registration number was live.

Why Work With Us

GTC is an attorney-led team that files and prosecutes United States trademarks for Indian brands daily. A GTC attorney licensed in the United States acts as your counsel of record. We were founded in 2016, and our in-house attorneys manage trademark matters in the countries and regions where you trade. We quote flat fees up front, keep per-class costs clear, and handle the entire path from search to registration to enforcement.

Ready to move? Start with a free trademark check, then file through our United States trademark service. We can file within two business days once your inputs are complete.