No. Individuals and enterprises from any country may apply for a US trademark in their own name — setting up a US company is not required. However, the USPTO requires that applicants whose domicile or principal place of business is outside the United States must be represented by a US-licensed attorney.
Who Can Apply
- Chinese companies, individual industrial and commercial households, and natural persons can all be applicants;
- The applicant name directly determines ownership of the trademark right; it is advisable to apply in the name of the company that actually owns the brand, avoiding ownership disputes caused by employee departures or corporate restructuring.
A US Attorney Is Mandatory
Since 2019, the USPTO has required that applications, responses, oppositions and other proceedings for foreign-domiciled applicants be handled or signed by a US state-licensed attorney. Chinese agencies typically complete filings in cooperation with US attorneys.
Pitfalls to watch out for:
- Cheap "filing services" that use fake US addresses or misappropriate attorney signatures — once discovered by the USPTO, the applications are sanctioned or even invalidated in batches;
- Since 2021 there have been several mass sanction (show-cause) episodes involving Chinese applicants, implicating tens of thousands of trademarks. Always choose a legitimate agency with genuine US attorney resources.
Other Matters That Do Not Require a US Company
- Specimens of use can be cross-border sales records shipped from China to the US — no US physical operation is needed;
- Trademark maintenance (Section 8 declarations, renewals) is likewise handled through a US attorney;
- Neither receiving payments nor enforcement requires a US entity.
When a US Company Is Advisable Instead
If you plan to set up a US warehouse, hire staff, sign offline channels, or run brand licensing operations, holding the trademark through a US company is smoother for tax and licensing management. But that is not a prerequisite for trademark registration.
In situations like this, it is advisable to consult a registered agent at MyTMBee first to assess whether a US trademark registration is needed before deciding on next steps.