Patents and federally registered trademarks are handled by the US Patent and Trademark Office, and copyright registration by the US Copyright Office. US trademark rights are tied to use in commerce, foreign-domiciled applicants need a qualified US attorney, and copyright registration is a practical precondition for full remedies. The United States is party to the Madrid Protocol and the Patent Cooperation Treaty.
Trademarks: use matters
A federal trademark application can be based on actual use or on a bona fide intention to use the mark, but an intent-to-use application does not become a registration until a verified statement of use is filed. This differs from registration-first systems: a mark registered abroad will not stay protected in the United States without real use. State common-law rights can also arise from use alone.
Owners domiciled outside the United States must appoint an attorney qualified to practise before the USPTO. Foreign owners can also extend an international registration to the United States through the Madrid Protocol, in force for the US since 2003; outbound Madrid filings based on US marks moved to WIPO's Madrid e-Filing service from 1 October 2026.1234
Patents and trade secrets
Patents run 20 years from the US filing date (or the earliest referenced application). The US first-inventor-to-file system keeps a one-year grace period for the inventor's own disclosures, which can save a US application after an early publication or trade-show reveal, though the same disclosure may defeat filings elsewhere. International filings can enter through the Patent Cooperation Treaty.
Trade secrets are protected under federal law (the Defend Trade Secrets Act) and state law. A federal claim must be brought within three years of discovering the misappropriation.5678
Copyright and enforcement
Copyright exists without registration, but for US works no infringement suit can be filed until registration has been obtained or refused. For all works, statutory damages and attorney's fees are generally lost for infringement that started before registration, unless a published work is registered within three months of publication. Registering key content early keeps those remedies available.
Enforcement runs through the federal courts. For imported infringing goods, the International Trade Commission can issue exclusion orders that US Customs enforces at the border, which is often faster and broader than damages litigation.91011
| Right | Office or forum | Key point |
|---|---|---|
| Trademark | USPTO | Registration requires use in commerce; foreign-domiciled owners need a qualified US attorney |
| Patent | USPTO | Term ends 20 years from filing; one-year grace period for inventor's own disclosure |
| Copyright | US Copyright Office | Registration needed before suing for a US work; timely registration preserves statutory damages |
| Trade secret | Federal and state courts | Federal civil claim within three years of discovery |
| Border enforcement | US International Trade Commission | Exclusion orders against infringing imports |
How it works, step by step
- Clear and file trademark applications, on a use or intent-to-use basis, through a qualified US attorney if domiciled abroad12US Patent and Trademark Office
- File a statement of use once the mark is in use, before the deadline in the notice of allowance1US Patent and Trademark Office
- Register copyright in key published works within three months of publication10US Copyright Office
- File patent applications, using the PCT route where several countries are targeted56US Patent and Trademark Office; WIPO
No timings or fees are shown unless an official source states them.
Documents usually needed
- Specimens showing use of the mark in US commerce
- Power of attorney or appointment of a qualified US trademark attorney
- Copyright registration certificates for key works
- IP assignment and confidentiality agreements with employees and contractors
- Licence agreements recorded with the relevant office where appropriate
Common mistakes
- Relying on a home-country registration or a Madrid designation without using the mark in the United States.
- Missing the statement-of-use deadline on an intent-to-use application, which leads to abandonment.
- Delaying copyright registration and losing statutory damages and attorney's fees.
- Publishing an invention and relying on the US grace period while also needing patents in countries that require absolute novelty.
- Weak confidentiality measures, which can undermine a trade secret claim.
When the business crosses borders
- Madrid Protocol designations of the United States are examined by the USPTO under US rules, including use requirements.
- PCT applications let a foreign applicant defer the US national phase while preserving priority.
- Section 337 actions at the International Trade Commission target infringing goods made abroad and imported into the United States.
Questions businesses ask
Do we need a US lawyer to file a trademark?
Yes, if your domicile is outside the United States: you must be represented before the USPTO by an attorney qualified to practise under its rules.2
Is copyright registration mandatory?
Not for protection to exist, but it is required before suing for infringement of a US work, and timely registration is needed for statutory damages and attorney's fees.910
Can we stop infringing imports at the border?
Yes. The International Trade Commission can issue exclusion orders that US Customs enforces, and cease and desist orders against named importers.11
What this guide does not yet confirm
These points need checking with a qualified local professional in the United States before you rely on them.
- USPTO and Copyright Office fees were not researched and change periodically.
- Customs recordation of trademarks and copyrights with US Customs and Border Protection was not source-checked.
- Membership of the Paris Convention, Berne Convention and Hague Agreement for designs was not separately source-checked.
- State trade secret and common-law trademark rules vary by state and were not reviewed.
Sources and review status
Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 19 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.
A US federal trademark application can be based on existing use of the mark in commerce or on a bona fide intention to use it; an intent-to-use mark is not registered until the applicant files a verified statement that the mark is in use. Federal (Lanham Act). Filings under 15 USC 1126 (foreign registrations) and Madrid Protocol extensions follow separate rules.
Statutory text read on the Cornell Legal Information Institute reproduction of the United States Code; the official text is published at uscode.house.gov.
Trademark applicants, registrants and parties whose domicile is outside the United States must be represented before the USPTO by an attorney qualified to practise under USPTO rules. Federal; trademark matters before the US Patent and Trademark Office.
Regulatory text read on the Cornell Legal Information Institute reproduction of the Code of Federal Regulations; the eCFR at ecfr.gov is the government version.
The Madrid Protocol entered into force for the United States on 2 November 2003. International trademark registration through WIPO; the USPTO examines US designations.
From 1 October 2026, international trademark applications based on US filings are filed through WIPO's Madrid e-Filing service. Outbound Madrid applications by owners of US applications or registrations.
The Patent Cooperation Treaty entered into force for the United States on 24 January 1978. International patent applications; the USPTO acts as a receiving office.
The statement that the USPTO acts as a receiving office is general knowledge, not on the page read.
A US utility patent term ends 20 years from the US filing date, or from the filing date of the earliest US or international application specifically referenced under the continuation provisions. Federal. Term adjustments and extensions can apply.
Statutory text read on the Cornell Legal Information Institute reproduction of the United States Code; the official text is published at uscode.house.gov.
An inventor's own disclosure made one year or less before the effective filing date is not prior art against the inventor's US patent application. Federal; first-inventor-to-file system under the America Invents Act. Most other patent systems do not have an equivalent general grace period.
Statutory text read on the Cornell Legal Information Institute reproduction of the United States Code; the official text is published at uscode.house.gov. The comparison with other systems is not from the source.
The owner of a misappropriated trade secret related to a product or service in interstate or foreign commerce may sue in federal court under the Defend Trade Secrets Act, within three years of discovering the misappropriation. Federal; state trade secret laws apply in parallel.
Statutory text read on the Cornell Legal Information Institute reproduction of the United States Code; the official text is published at uscode.house.gov.
No civil action for infringement of copyright in a United States work may be brought until the copyright has been preregistered or registered, or registration has been refused. Federal. Applies to United States works; foreign works from treaty countries are not subject to this precondition.
Statutory text read on the Cornell Legal Information Institute reproduction of the United States Code; the official text is published at uscode.house.gov.
Statutory damages and attorney's fees for copyright infringement are generally unavailable for infringement that began before registration, unless a published work is registered within three months of first publication. Federal. Applies to domestic and foreign works alike.
Statutory text read on the Cornell Legal Information Institute reproduction of the United States Code; the official text is published at uscode.house.gov. The application to foreign works is our reading of the section, which contains no exception for them.
The US International Trade Commission can order US Customs to exclude imported goods that infringe US patents or trademarks, and can issue cease and desist orders against named importers, under Section 337 of the Tariff Act. Federal; imports only. Also covers trade secret misappropriation, trade dress, passing off and false advertising.
Questions on this topic
11 statements on intellectual property: trademarks, patents, copyright and trade secrets in the United States
