Trademarks and Patents in the USA: IP and Its Impact on Visa Petitions

Expanding a business to the United States requires attention to a frequently underestimated aspect: the protection of intellectual property (IP). Trademarks, patents, and copyrights protected in another country do not have automatic validity in the US. The American IP system is territorial, which means that protection must be obtained separately from the United States Patent and Trademark Office (USPTO), regardless of existing registrations in other countries.

For entrepreneurs and companies combining business expansion with immigration processes, IP protection is doubly strategic. In addition to safeguarding business assets in the world’s largest consumer market, a solid intellectual property portfolio can significantly strengthen visa petitions based on investment, intracompany transfer, or extraordinary ability.

Trademarks

A registered trademark protects the business’s commercial identity in the United States, preventing competitors from using names, logos, or slogans that could cause market confusion. In the US, trademark protection is governed by the Lanham Act and administered by the USPTO. A trademark can protect:

• Company and product names
• Logos and graphic elements
• Slogans and marketing phrases
• Packaging and trade dress (distinctive visual appearance of the product)

Registration Process

Trademark registration at the USPTO follows a structured flow with well-defined steps:

1. Viability search in the USPTO’s TESS database to check if the desired trademark is already registered or in use by third parties
2. Formal application submission to the USPTO, detailing the trademark and the classes of goods or services in which it will be used
3. USPTO examiner review, who checks if the trademark meets legal requirements and does not conflict with existing registrations
4. Publication for opposition in the Official Gazette, granting third parties 30 days to contest the registration
5. Issuance of the registration certificate, authorizing the use of the ® symbol

In 2026, the basic USPTO trademark registration fee is US$350 per class of goods or services. Additional fees include US$150 per class for the Statement of Use and US$125 for an extension of time. The complete process typically takes 12 to 18 months for uncomplicated cases, and can extend to 24 months if there are objections.

A common mistake among foreign companies is to assume that a strong and well-known brand in their home country will have automatic protection in the US. There are cases of established brands in other markets that, upon entering the United States, found their names already registered by third parties. Conducting a viability search and starting the registration before entering the US market is the most prudent strategy.

Patents

While a trademark protects commercial identity, a patent protects inventions and innovations, granting the inventor the exclusive right to manufacture, use, and sell their creation for a set period. The USPTO administers three types of patents:

• Utility patent: protects inventions and functional processes (valid for 20 years from the application date)
• Design patent: protects the ornamental aspect of a product (valid for 15 years)
• Plant patent: protects new varieties of plants reproduced asexually

The patent application process is significantly more complex, time-consuming, and expensive than that for trademarks. It requires a detailed technical description of the invention and robust argumentation demonstrating that it is new (novelty), useful (utility), and non-obvious (non-obviousness) compared to the existing state of the art. The average review time at the USPTO ranges from two to four years.

For startups and technology companies, patent protection can be especially strategic. A patent granted in the US not only protects the invention in the world’s largest market, but can also be used as an asset in investment negotiations, mergers and acquisitions, and as a competitive barrier against rivals. Companies holding US patents are often valued more highly in due diligence processes.

US Attorney Requirement

Since 2019, the USPTO requires all applicants domiciled outside the United States to be represented by a US-licensed attorney for trademark registration processes. This requirement applies to both new applications and the maintenance of existing registrations, as well as proceedings before the Trademark Trial and Appeal Board (TTAB).

A significant change will take effect on July 20, 2026: the USPTO will extend this same requirement to foreign patent applicants. From that date, all patent applicants domiciled outside the US will need representation by a USPTO-registered practitioner. This rule makes it even more important to include legal representation costs in IP protection planning.

IP and Visa Petitions

Intellectual property protection in the US goes beyond the legal security of business assets. For entrepreneurs in immigration processes, a registered IP portfolio serves as concrete evidence of the business’s legitimacy, innovation, and potential economic impact.

In petitions such as E-2 (treaty investor), L-1 (intracompany transfer), EB-1C (multinational managers and executives), EB-2 NIW (National Interest Waiver), and EB-5 (immigrant investor), USCIS evaluates the substance and seriousness of the enterprise. Trademarks registered with the USPTO, patents granted or under review, and IP licensing agreements demonstrate that the company has valuable assets and a genuine presence in the US market.

For EB-2 NIW petitions in particular, patents can serve as evidence of original contribution to the field. For E-2 visas, trademark protection demonstrates a long-term commitment to the US market. In both cases, IP documentation tangibly and verifiably complements the immigration case before USCIS.

Frequently Asked Questions

Does a Brazilian trademark have validity in the US?

No. Trademark protection is territorial, and a registration with the INPI (National Institute of Industrial Property) has no legal validity in the United States. Brazil is a signatory to the Madrid Protocol, which facilitates international trademark registration applications, but even in this case it is necessary to designate the US in the application and fully comply with USPTO requirements, including hiring a US attorney.

How much does it cost to protect IP?

Costs vary depending on the type of protection. For trademarks, the USPTO fee starts at US$350 per class, plus attorney fees that typically range from US$1,000 to US$3,000. For utility patents, total costs including government fees and attorney fees can range from US$10,000 to US$20,000 or more, depending on the technical complexity of the invention.

When should I start protection?

As early as possible. In the US, the trademark system is based on use (use-based system), which means that the first to use the mark in commerce may have precedence over someone who registers later. However, federal registration with the USPTO offers nationwide protection and legal presumption of ownership, which is significantly stronger than protection based solely on local use. Starting registration before or simultaneously with entry into the US market is the recommended strategy.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.