In the context of increasingly deep international integration, exporting products to the USA is not only a great opportunity but also a severe challenge for Vietnamese companies. One of the key factors for a product to survive and develop sustainably in this market is registering the trademark in the US. So how is this procedure carried out? What are the important things to note to ensure rights and avoid risks later?

Why register a trademark in the USA?

Registering a trademark in the US is not a mandatory procedure to export goods there, but it has a strategic role in protecting the company's rights. Below are some reasons businesses should consider registering a trademark in the USA from the outset:

Confirm intellectual property ownership in the US market

Under US intellectual property law, trademark ownership is not automatically recognized simply because the product has been distributed or marketed there. A business must go through the registration procedure with the United States Patent and Trademark Office (USPTO) to be legally protected. This helps the company clearly assert ownership, prevent imitation and trademark disputes later.

Increase credibility and brand value

A trademark registered in the US will make partners and consumers more confident about the origin, quality, and reputation of the product. At the same time, it is also an important factor if the company wants to raise capital, franchise, or expand business scale in the North American market.

Easier enforcement and litigation to protect rights

Once holding a trademark certificate from the USPTO, a company can request e‑commerce platforms such as Amazon, eBay, Shopee Global, etc. to remove infringing products. In addition, you also have the right to sue and demand compensation if someone else uses your registered trademark without permission.

What should be prepared for trademark registration in the USA?

Many Vietnamese companies still wonder: “Where to start registering a trademark in the US?” – In fact, with proper preparation and legal expert support, this process isn't too complicated.

Choose the appropriate registration form

USPTO allows trademark registration in two main forms:

“Use in commerce” – for trademarks already used in the US (with sales, invoices, images, product packaging).
“Intent to use” – for trademarks not yet used but planned for future use. This is the most commonly chosen form by Vietnamese enterprises when entering the US market.

Conduct a trademark search

Before filing, businesses need to search trademarks in the USPTO database to ensure their brand is not identical or confusingly similar to already registered trademarks. This step is very important to avoid rejection or legal disputes.

Draft the registration application

A US trademark registration application typically includes:

Owner information (name, address, business type…)
The trademark specimen (logo, wordmark…)
Description of goods/services associated
Statement of use or intent to use
Registration fee

If the trademark has not yet been used in the US, after approval, the enterprise must provide proof of use within 6 months to 3 years.

Monitor proceedings and respond to USPTO

USPTO’s review process takes on average 8–12 months. During this period, they may issue an Office Action — a request to clarify, supplement, or amend the application. The business must respond timely, otherwise the application will be refused.

Important Notes When Registering a Trademark in the USA

Registering a trademark in the US is not simply filing the application and waiting for the certificate. The US market has specific standards and legal regulations, requiring enterprises to have thorough preparation and appropriate strategy. Below are critical notes to help businesses avoid mistakes and optimize their chances of obtaining protection in the USA.

Mind linguistic elements and brand identity

Some Vietnamese trademarks may carry negative connotations or be difficult to pronounce for native speakers. Therefore, when building a brand to register in the USA, enterprises should pay careful attention to naming, logo design, and global recognizability.

Ensure protection in both Vietnam and the USA

Registration in the US should be carried out in parallel with trademark protection procedures in Vietnam, especially for companies pursuing international brand strategies. This ensures consistency and coherence in global intellectual property strategy.

Collaborate with professional legal entities

Because of the complexity of legal language and procedures in the US, Vietnamese companies should seek international law firms or partners in the US to assist with advice, drafting, and monitoring the application professionally.

Registering a trademark in the USA is not only a necessary legal step but also an important springboard for Vietnamese products to affirm their position in the global market. In the integration journey, DEDICA commits to being a reliable companion, helping Vietnamese enterprises confidently reach the world with solid legal footing and well‑structured intellectual property strategy.

Are you needing to protect your trademark when exporting goods to international markets?
Contact DEDICA for suitable and most cost‑effective solutions!
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