Guide · Trademarks in the US

How Mexican businesses register a trademark in the United States

A Mexican registration doesn't protect you across the border. If you sell or plan to sell in the US, through Amazon or distributors, you need your mark registered there.

By the Carigalta IP team, intellectual property counsel in Mexico · Updated October 2026 · 7 min read

The short answer

To protect a mark in the United States you must register it with the USPTO. There are two routes: a direct application, or designating the US through the Madrid Protocol based on your Mexican mark at IMPI. Since 2025 the USPTO base fee is USD 350 per class for direct applications. Applicants domiciled outside the US must be represented by a US-licensed attorney.

Routes to the USPTO

RouteWhen it fitsKeep in mind
Direct applicationIf the US is your main market or your Mexican mark isn't ready yet.Requires a US-licensed attorney. Base fee of USD 350 per class.
Madrid ProtocolIf you already have a Mexican application or registration and want several countries at once.Depends on your Mexican mark for the first five years.
Priority from your Mexican applicationIf you filed in Mexico less than six months ago.You can claim your Mexican filing date in the US.

Use or intent to use

In the US you can file based on current use (you already sell there under the mark) or intent to use (you don't yet, but plan to). With intent to use, before registration you'll have to show the mark is in use in US commerce. The difference is key: Mexico doesn't require use to register; the US does, sooner or later.

What it costs (beyond the base fee)

USPTO fees in force since 2025. Confirm them with the USPTO before filing.

Amazon and online stores ask for it. Programs such as Amazon Brand Registry require a registered or pending trademark in the country where you sell. Without a US registration, it's hard to take down copies of your product there.

How we handle it

We check your mark's availability in the US, choose the route (direct or via Madrid) and the classes, and coordinate the filing with US-licensed attorneys, as the USPTO requires for foreign applicants. You deal with us, in Spanish or English, from start to finish.

Frequently asked questions

Does a Mexican registration protect us in the United States?

No. Trademarks are territorial: you need a USPTO registration to have rights in the United States.

How much does it cost to register a trademark in the United States?

Since 2025 the USPTO base fee is USD 350 per class for direct applications, plus possible surcharges and professional fees.

Do we need a US attorney?

Yes. The USPTO requires applicants domiciled outside the US to be represented by a US-licensed attorney.

Is the Madrid Protocol a good option?

If you already have a Mexican application or registration and want several countries, it can be more efficient. If you only care about the US, a direct application sometimes gives more control.

Selling into the US?

Tell us your mark and how you'll sell there. We'll recommend the route and estimate the total cost.

Plan my US filing