Introduction
The U.S. market is one of the most lucrative and competitive in the world. For entrepreneurs and business owners living outside the United States, launching a brand in America can unlock tremendous opportunities—but it comes with unique challenges. If you want to build a U.S. brand as a non-resident, you need to understand how U.S. trademark laws, business registration, and Amazon/online platforms work for foreign applicants.
In this blog, we’ll break down everything you need to know to successfully start and protect your brand in the U.S. from overseas.
Why Build a U.S. Brand as a Non-Resident?
- Access the world’s largest consumer base
- Expand eCommerce or Amazon sales to U.S. customers
- Register your trademark in the U.S. for global protection
- Partner with U.S.-based fulfillment services (like Amazon FBA)
- Boost credibility for your international business
Step 1: Register a U.S. Trademark as a Non-Resident
If you’re outside the U.S. and want to protect your brand name, trademark registration is essential. The USPTO (United States Patent and Trademark Office) allows non-residents to apply for trademarks, but you must meet certain conditions.
Requirements for Non-U.S. Applicants:
- You must hire a U.S.-licensed trademark attorney
- You must choose a proper filing basis:
- Use in Commerce (if your product is already being sold in the U.S.)
- Intent to Use (if you plan to launch in the U.S. soon)
Documents You’ll Need:
- Proof of business ownership or individual ID
- Brand name, logo, or slogan details
- Description of goods or services
- Your country of origin and citizenship
Step 2: Set Up a U.S. Business Entity (Optional but Recommended)
You don’t need a U.S. company to register a trademark, but forming an LLC or Corporation can:
- Simplify tax and legal compliance
- Allow easier partnerships with U.S. suppliers or platforms
- Help you open U.S. bank accounts and payment gateways
Platforms like Stripe Atlas or Firstbase make it easier to form a Delaware LLC or other U.S. entity from abroad.
Step 3: Get a U.S. Mailing Address
The USPTO requires a domestic mailing address for trademark correspondence. Your attorney may use their office address, or you can obtain a virtual mailbox with services like:
- Anytime Mailbox
- iPostal1
- Earth Class Mail
Step 4: Sell Your Products in the U.S.
To qualify for trademark registration based on use in commerce, your product must be available to U.S. customers. You can do this via:
- Amazon.com (FBA or FBM)
- Your own Shopify store with U.S. shipping
- Partnering with U.S.-based distributors or retailers
Once your products are actively sold, you can submit a specimen (proof of use) to complete your trademark registration.
Step 5: Enroll in Amazon Brand Registry (If Applicable)
Amazon requires a USPTO trademark to access its Brand Registry features, including:
- A+ Content
- Hijacker protection
- Enhanced brand visibility
- Brand analytics and ad tools
Foreign sellers with U.S. trademarks can enroll and protect their brand on Amazon with ease.
FAQs for Foreign Entrepreneurs
Can I register a trademark without visiting the U.S.?
Yes. With a U.S. attorney and proper documents, the entire process can be done remotely.
Do I need a U.S. business to register a trademark?
No, individuals or foreign companies can apply without forming a U.S. business.
How long does U.S. trademark registration take?
On average, 8 to 12 months, but the process may take longer if there are office actions or oppositions.
Final Thoughts
Building a U.S. brand as a non-resident is not only possible—it’s more accessible than ever in 2025. With the right support, you can register your trademark, launch your product, and scale your business across America while operating from anywhere in the world.
At IP Bureau, we help international entrepreneurs file trademarks, set up U.S. companies, and protect their brands with complete legal compliance. If you’re ready to enter the U.S. market, we’re here to guide you step by step.
