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 a US‑licensed attorney. Costs are per class, timelines often run over a year, and ecommerce goals like Amazon Brand Registry sit outside USPTO rules. Here’s a clear plan for Indian companies.

Do Indian applicants need a US attorney?

Yes. If your business is domiciled outside the US, a US‑licensed attorney must act for you before the USPTO. That rule covers filing, responding to refusals, and post‑registration filings. It is not optional. Practitioner guides and the USPTO summarize this requirement, and in our practice it 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 US: Section 1(a) use in commerce. You must provide dates of first use and a specimen for at least one good or service in each class at filing. (INTA fact sheet.)
• If you plan to start US sales soon: Section 1(b) intent‑to‑use. You can file before launch, then submit acceptable proof of use later through an Amendment to Allege Use or Statement of Use. Registration will not issue until use is proven. (INTA.)
• If you filed in India within the last 6 months: Add Section 44(d) priority. File in the US within six months of your Indian filing to claim that earlier date. You still need a main basis, often 1(b) for startups not yet selling, or 1(a) if already selling. (INTA.)
• If you already hold an Indian registration for the same mark and goods/services: Section 44(e). You can obtain a US registration based on your Indian registration without showing US use at the time of registration. You must use the mark in US commerce later to keep the registration. (INTA; Harris Sliwoski discussion.)
• If you prefer an international route: Madrid Protocol, Section 66(a). File an international application with your home office and designate the US. The USPTO will still examine your mark under US law, and foreign‑domiciled owners still need a US attorney for any refusals.

A quick decision guide:

• Have US 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 the earlier date.
• Already have an Indian registration covering the same goods/services? Consider 44(e) to skip proving use at registration, then plan maintenance filings.
• Want a single international filing to cover multiple countries? Consider Madrid with a US designation.

{{IMAGE: Decision-tree flow for selecting a US filing basis (1(a), 1(b), 44(d), 44(e), Madrid) based on current use, timing, and foreign filings | Filing-basis decision tree}}

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. That timing is consistent with the USPTO’s process overview and multiple practice guides.

Core steps:

1) Prepare and file. We clear the mark, set the basis, and file with accurate goods/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 mark is published for opposition. If an opposition is filed, we defend or negotiate.

4a) Registration. For 1(a), 44(e), or clean Madrid cases with acceptable proof where required, the USPTO issues a registration.

4b) Notice of Allowance. For 1(b), you 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) and Madrid registrations require later US use to remain valid.

{{IMAGE: Linear timeline of the USPTO trademark process from filing to examination, publication, and registration, with an alternate path showing Notice of Allowance and later Statement of Use | USPTO process timeline overview}}

What will it cost to register a US trademark from India?

• Official USPTO fees. Charged per class and depend on the application form you use. Additional government fees apply for later proof‑of‑use filings and, if needed, extensions. Always confirm the current schedule at filing.
• Madrid Protocol fees. If you designate the US via Madrid, you pay WIPO fees for the international application plus US individual fees. The USPTO will still examine your application under US law.
• Attorney fees. Separate from government fees and vary by provider and the complexity of the case, including office action work and proof‑of‑use filings.

Our approach: we quote flat fees upfront for each stage and keep per‑class costs transparent. 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 and trade‑offs 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 ecommerce plan, then verify the current eligibility rules directly in Seller Central.

Practical tips we share with clients:

• File the mark 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 real US 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 US customer‑facing webpages showing the service, price, and a way to order. Our guide helps here: Trademark Specimens: What the USPTO Accepts and Rejects.
• Time your launch and filings. If you need fast marketplace takedowns, an intent‑to‑use filing can secure a place in line while you prep specimens. If you have a foreign registration, 44(e) can speed issuance of a US 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 and our seller‑focused explainer, Amazon Brand Registry and Trademarks: A Seller's Complete Guide.

{{IMAGE: Side‑by‑side comparison of platform requirements vs USPTO requirements to emphasize they are separate systems with different evidence and timing | Platform policies vs USPTO rules}}

What evidence of use will I need, and when?

• Section 1(a). Specimens at filing for each class, showing the mark as used in US commerce.
• Section 1(b). Specimens later with an AAU or SOU. You can request time extensions if launch takes longer than planned, within USPTO limits.
• Section 44(e). No US specimen to issue the registration, but you must later prove US use in maintenance filings.
• Madrid 66(a). Same use rules as a national filing once you reach maintenance.

If you are planning a US launch from India, build specimens as you finalize packaging, your US‑facing website, 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 US 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 US shipments, we filed the Statement of Use with photos of labeled cartons and a live product page with US 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 US trademarks for Indian brands daily. A US‑licensed attorney will be your attorney of record. We were founded in 2016, operate from 5 offices, and our 11 in‑house lawyers manage trademark matters across 107 jurisdictions. 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 short consult and a conflicts check. We can file within two business days once your inputs are complete.