Registering a US trademark protects your brand name, logo, or slogan across the country. If you live outside the US, you need to know one rule before you file anything, and this guide walks you through it.
What the USPTO actually does
The United States Patent and Trademark Office, or USPTO, is the federal agency that reviews and approves trademark applications. A US trademark gives you the right to stop others from using a confusingly similar mark for similar goods or services, anywhere in the country. It is separate from forming a company. You can own an LLC with no trademark, and you can own a trademark with no LLC. Most founders eventually want both, but the trademark protects the brand and the LLC protects you as the owner.
Filing happens through the USPTO's online system. You pick a mark, describe what you sell under it, choose the right classes, and pay a filing fee per class. The office then reviews the application, checks it against existing marks, and either approves it, asks for changes, or rejects it.
The foreign-domiciled applicant rule
If you do not live in the US, the USPTO requires you to be represented by a licensed US attorney for any trademark filing. This applies to the initial application, responses to office actions, and renewals. You cannot file directly as an individual or as a foreign-owned company without that attorney of record.
This is different from forming an LLC, which you can do yourself or through a formation service without a lawyer. Trademark work is legal work, and the USPTO treats it that way for anyone domiciled outside the country. PowerLaunch forms your LLC and runs its finances, but a trademark filing itself needs a licensed trademark attorney to sign and represent the application. Check the USPTO's current rule directly, since attorney requirements and any listed exceptions can be updated over time.
Choosing your classes
Trademarks are registered by class, and each class covers a category of goods or services. Software might sit in one class, physical apparel in another, consulting services in a third. You pay a separate fee for each class you file under, and you only get protection for the classes you actually register in.
A common mistake is filing in too few classes and leaving part of the business unprotected, or filing in too many and paying for coverage you do not need. This is another reason the attorney requirement exists. Picking the right classes takes some judgment, and getting it wrong can mean refiling later.
Timeline, roughly
Trademark timelines are longer than LLC formation timelines, and they are less predictable. Here is a rough shape of the process, described qualitatively since exact windows shift with USPTO workload:
| Stage | What happens |
|---|---|
| Filing | You submit the application with your attorney, pick classes, pay the fee |
| Initial review | An examiner checks the application for basic issues |
| Publication | If it passes review, the mark is published for opposition |
| Opposition period | Other parties get a window to object |
| Registration | If no one opposes, or the opposition fails, the mark registers |
The whole process usually takes many months from filing to registration, sometimes longer if the examiner raises questions or someone files an opposition. This is not a same-week process the way an LLC filing can be in some states. Set expectations accordingly, and check the USPTO's site for current processing time estimates, since they move with the office's workload.
When to form the company first
In most cases, form your LLC or C-Corp before you file a trademark application. Here is why. A trademark application usually names an owner, and that owner is often the business entity, not you personally. If you file the trademark first under your own name and then move it to a new LLC later, you add legal paperwork, transfer costs, and extra attorney time. Forming the entity first gives your trademark attorney a clean owner to list from day one.
There are cases where filing personally first makes sense, for example if you are still deciding on a final business structure and want to lock in the mark early because a competitor might file first. This is a judgment call, and it is worth discussing with a trademark attorney before you commit either way.
A sensible order looks like this for most founders:
- Form the LLC or C-Corp.
- Get the EIN and open banking.
- Confirm the brand name and logo are final.
- Engage a US trademark attorney to file under the entity's name.
PowerLaunch handles steps one and two quickly, often within days for entity formation in fast states, with EIN timing depending on whether you have a US Social Security Number. That gives your trademark attorney a real, filed entity to list as the owner from the start.
What PowerLaunch does and does not cover
PowerLaunch forms your LLC or C-Corp, files your annual state report on the Run and Scale plans, and keeps your books and tax filings on track through MyCG.AI. It does not file trademarks, since that requires a licensed attorney under USPTO rules for anyone domiciled outside the US. Think of PowerLaunch as the foundation, the entity, the EIN, the bank introductions, and the ongoing bookkeeping and tax work, while a trademark attorney handles the brand protection layer on top of that foundation.
If you are not sure whether to file the trademark before or after forming your company, that is exactly the kind of question worth asking early, before either filing is underway.
What to do next
Form your entity first so your trademark filing has a clean owner from day one. Start at powerlaunch.solutions/signup to pick a plan and get your LLC or C-Corp moving, or book a free 20-minute consultation at powerlaunch.solutions/book to talk through the order of operations for your specific situation before you spend money on either filing.
