The USPTO Is Cracking Down on Foreign Trademark Applications — Here’s What You Need to Know in 2025

If you're running a business outside the U.S. and looking to protect your brand here, heads up: the United States Patent and Trademark Office (USPTO) has tightened the rules, and a lot of international applicants are finding themselves caught off guard.

Over the past few years, the USPTO has seen a big spike in foreign trademark filings — especially from fast-growing e-commerce businesses and overseas startups. Unfortunately, not all of those applications were on the up and up. Fake product photos, shady filing services, and misused attorney credentials became a real problem. So now? The USPTO is pushing back — hard.

Let’s break down what’s happening, and more importantly, what you should do if you're an international entrepreneur trying to register a trademark in the U.S. in 2025.

So What’s Changed?

For starters, the USPTO has gotten a lot more aggressive about filtering out fraudulent or poorly prepared trademark applications. In 2025, we’re seeing:

  • Much stricter rules around proving actual use of your trademark

  • Mandatory U.S.-licensed attorneys for all foreign applicants

  • Increased scrutiny on filings through the Madrid Protocol

  • New enforcement tools, including AI-based fraud detection

This isn’t just a warning. The USPTO has already suspended and even tossed out hundreds of applications this year alone — and some applicants have been banned from filing entirely.

Why It Matters (Even If You’re Playing by the Rules)

Let’s say you’re doing everything right — you’ve got a legitimate product, your business is growing, and you just want to protect your brand in the U.S. Great. But if you’re filing from abroad, the USPTO is going to take a closer look than ever before.

Here are three things you need to get right:

1. You Have to Use a U.S. Attorney — No Exceptions

This isn’t new (the rule’s been around since 2019), but enforcement is getting stricter in 2025. If your address is outside the U.S., you’re required to file through a U.S.-licensed trademark attorney. That means no random online agents, no self-filing hacks — and definitely no borrowed credentials.

Shortcut services promising “guaranteed approvals” are risky. If they’re not working with a licensed attorney, your application could get tossed.

2. Your “Proof of Use” Has to Be Real

When you file for a trademark, you usually need to show the USPTO how you’re actually using your brand in the real world — not just a mockup. This is where a lot of foreign applicants get tripped up.

Photoshopped packaging, fake e-commerce listings, or placeholder websites won’t cut it anymore.

What works? Actual product labels, a live website with checkout enabled, or shipping labels showing U.S. sales.

3. The Madrid Protocol Doesn’t Guarantee Approval

If you’re filing through the Madrid Protocol, it might seem like a shortcut to get U.S. protection. But here’s the catch: the USPTO still reviews your application like any domestic one. And because of past abuses, Madrid filings are now getting extra scrutiny.

Don’t assume that because your mark was approved abroad, it’ll sail through in the U.S. You still need to meet all American legal requirements.

What Happens If You Get Flagged?

If something in your application raises red flags, the USPTO might:

  • Issue an Office Action (a formal letter asking for clarification or corrections)

  • Put your application on hold

  • Request detailed proof of use

  • Or in serious cases, reject your filing entirely — sometimes with a ban on future filings

And unfortunately, fixing these issues after the fact is often more expensive and time-consuming than doing it right the first time.

So What Should You Do Instead?

The good news is: registering a trademark in the U.S. as a foreign business is 100% doable — you just need to approach it strategically.

Here’s how to stay on track:

  • Hire a real U.S. trademark attorney (not a filing service pretending to be one)

  • Make sure your trademark is actually being used in the U.S. (or file under “intent to use”)

  • Keep records of your product packaging, website, or marketing materials

  • Be prepared for a response if the USPTO asks questions

  • Don’t wait until a dispute or knockoff forces your hand

Need Help? That’s What We’re Here For.

At Borderless Counsel, we work with startups, founders, and e-commerce brands around the world to protect their trademarks in the U.S. — and we do it the right way.

Whether you’re just getting started or need help responding to an Office Action, we can guide you through the process so you don’t waste time or money.

Book a free consultation and let’s talk about how to secure your U.S. trademark properly in 2025.

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