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Offices| Aspect | Details |
|---|---|
| What is a Trademark? | A Trademark is an intellectual property used in the form of a word, symbol, phrase, design, or combination of these elements. |
| Cost for Trademark Registration in USA | The cost to register a trademark in USA starts from $120 |
| Timeline | Usually, it takes around 8 to 12 months to register a trademark in USA. |
| Benefits |
Benefits of trademark registration in USA include:
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| Type of Marks in USA |
Types of trademarks in the USA include:
|
| Documents Required |
The list of documents required for trademark registration in USA includes:
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| Who Can Apply for Trademark Registration in USA? |
Have a look over the following eligibility criteria as discussed below:
|
| Procedure for TM Registration USA |
The procedure for TM registration USA includes the following steps:
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| How Can We Help You with Trademark Registration in USA? |
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Your brand needs to be protected from copycats and imitators. Secure your exclusive ownership rights with trademark registration in USA.
Trademark registration in USA is an intellectual property right (IPR) that protects a company's brand identity and helps establish recognition for its valuable assets. The USA trademark registration helps business distinguish their products or services from similar ones in the market.
United States TM registration, which grants protection for a period of around 10 years from the registration date, offers territorial protection only within the boundaries of the country. Furthermore, the trademarks registered with the United States Patent and Trademark Office (USPTO) serve as the primary avenue of trademark protection, providing legal rights to the owner, preventing unauthorized use, and enabling enforcement against infringement.
Worried about the protection of your brand from copycats? Let Enterslice reduce your stress with effortless trademark registration in USA.
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Trademark registration in USA grants you the legal right to prevent authorized use/ infringement of trademark registered with the USPTO. Have a look over some of the key benefits of filing out the USA trademark registration application in the USA.
Trademark registration in USA grants exclusive rights to make use of your brand or business name in connection with the goods or services specified in the registration.
The United States TM registration establishes your ownership and helps prevent disputes with others who may claim or use a similar mark.
The USA trademark registration adds value and credibility to your brand or business, making it more attractive to potential investors, customers, and potential business partners.
Registering your trademark with the USPTO opens up new business opportunities, such as licensing and franchising, allowing you to expand your brand’s reach while ensuring its legal protection.
Trademark registration in USA helps build trust and loyalty with customers. It strengthens your brand identity, making it easier for consumers to recognize and choose your products or services in a competitive market.
After 5 years of the continuous use of the trademark, starting from the moment of its registration, the owner of the TM gets an opportunity to apply for incontestability status, a legal status that provides even stronger protection.
Trademark registration in USA is governed by the Lanham Act (15 U.S.C. § 1051 et seq.) and is administered by the United States Patent and Trademark Office (USPTO). Have a look over the straight-forward process to register trademark in the USA-
Immediately after the journey of company registration in USA, the applicants are initially required to conduct USA trademark search which helps avoiding issuance of objections and oppositions with respect to the mark.
The next step requires the USPTO to determine the appropriate trademark class using the International Classification of Goods and Services. Therefore, it becomes quintessential to determine the classes of services and goods within which the trademark has to be registered.
The applicant entities through a US trademark attorney are further required to file a single class or multiple class trademark registration application to the United States Patent and Trademark Office.
The United States Patent and Trademark Office is further authorized to assign an examination attorney to review and examine any deficiencies in the trademark registration. It is a crucial step to register trademark in the USA.
Once the examination of the trademark application is complete, the examining attorney is authorized to publish the proposed mark, providing an opportunity for objection raised by the third party.
In case no objection was raised by the opposition, the USPTO accepts the statement of use and grants a trademark registration certificate, providing ownership and legal safeguards to the holder, detailing the registration number, filing date, company and owner’s name.
The timeline for processing a trademark application and maintaining a trademark registration in USA, in case no objections or oppositions arise take around 8 to 12 months. Have a look over the average timeframe required for obtaining approval for United States TM registration:
It takes around 1 week to comply with the pre-application requirements, such as attorney consultation, signing the engagement letter, filing trademark intake, and conducting a trademark search.
It takes around 2 weeks to prepare and successfully file the completed trademark registration application at the official website of the USPTO.
The USPTO takes 6 to 9 months to examine the registration application and publish the mark in the official gazette, a weekly online publication.
Obtaining a trademark registration certificate i.e., statement of use from the USPTO takes around 15 to 30 working days.
The timeline for filing an intent-to-use mark issued through a notice of allowance maintaining the trademark registration rights varies depending upon the requirements specified by the USPTO.
The list of certified documents required for trademark registration in USA is as listed below:
Trademark application form
Priority claim filed to establish the priority of trademarks
Statement of use in the United States
Statement of use in the United States
Detailed description of the trademark filed
Name, address, and copy of applicant’s passport
Applicant’s signature and verification details
Type of entity to be filed for a trademark
The type of services and goods under which the brand is registered
The digital image or drawing of the trademark/logo to be registered
Copy of power of attorney (if applicable)
Other Priority Documents (if any)
Yes, the renewal of trademark registration in USA is mandatory to be filed before the end of every 10 years from the date of USA trademark registration. In case the applicants miss the deadline, they can still renew it within a 6 months grace period after the date of expiration.
The USPTO’s trademark renewal process grants definite rights with a limited period of protection. However, trademarks can be renewed indefinitely as long as the renewal fee is paid on time. Failure to renew the trademark registration may result in its removal from the Register. Renewing a trademark also helps prevent others from using a confusingly similar mark and ensures that the trademark retains its distinctiveness.
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The classification of different types of trademarks registered in USA assists businesses in distinguishing a product/ service from others in the market. However, the industries making unique innovations are required to apply for some categories of trademarks to register trademark in the USA, as discussed below:
A standard character mark is a type of trademark represented by a word, phrase, symbol, or design having plain text without any specific font, style, or colour.
A design mark is a trademark that includes a specific design or logo registered in combination with specific design elements.
A collective trademark is used by group or organization members indicating membership or association with a specific group.
A certification mark, which is a trademark used to certify a product or service’s quality, characteristics, or origin, must be registered by the owner, complying with certain standards or requirements of registering a trademark.
A sound mark is a trademark comprising a specific sound or musical notation of being registered as a sound recording.
Motion mark is a trademark that includes specific moving images or animation registered as a video or animation file.
A state mark is a trademark granted for the protection of a mark in connection with goods or services in a particular state in which the mark is registered.
Trade dress, a specific application of trademark, is granted for the protection of both product design and product packaging such as visual and aesthetic aspects of your product or packaging.
The applicants eligible to register a trademark in USA are as discussed below:
The post-registration compliances for USA trademark registration are as discussed below:
With a decade of experience in intellectual property protection, Enterslice helps businesses secure easy and efficient trademark registration in USA. We further simplify the process, making trademark registration seamless and hassle-free. Learn why Enterslice is the right partner for your USA trademark registration.
The business owners seeking to apply for trademark registration in USA must comply with the following steps as discussed below:
The cost to register a trademark in USA, as specified by the USPTO, starts from $120. It may vary as per your requirements.
No, an Indian trademark is not automatically valid in the USA. Trademark protection is territory-specific, meaning registration in one country does not extend to another. However, to protect your trademark in the USA, you must apply for registration with the United States Patent and Trademark Office (USPTO).
Yes, both US citizens and non-US citizens appointing a US-licensed attorney are eligible to file a trademark registration application in the USA.
It takes around 8 to 12 months to successfully register a trademark in USA, varying depending upon factors such as government approval, type of mark, and various other legal reasons.
Yes, the applicants not registering a company in USA are eligible to obtain a trademark registration certificate as a sole proprietor.
No, the trademark registered under the USPTO prohibits granting protection to trademark in other countries.
Generic terms, deceptive terms, government insignias, common surnames, direct religious quotes similar to an existing trademark, and terms considered vulgar or offensive cannot be trademarked in USA.
Yes, the USA trademark remains valid only for a period of 10 years. Hence, unlike patents, trademarks in the USA can be renewed forever as long as they are being used in commerce.
The rights of the applicant over the registered trademark commence either from the date of its filing or the date of its first use in US commerce, whichever is earlier. Similarly, the trademark proprietor’s right to sue for infringement begins from the date of registration, i.e. the date of filing or from the date of its first issue in the US commerce, whichever is earlier.
The application or ownership over the trademark can be claimed by both natural persons and juristic persons such as companies, Joint Ventures, Partnerships, Associations, Unions, Associations and any other entity that is capable of suing and being sued in a court of law. However, the representation of the applicant before the USPTO is dependent on the domicile status of the applicant. The domicile status of the applicant determines whether an applicant requires the services of a USA registered Attorney for making representation on behalf of the applicant before the USPTO.
Yes, if the applicant is domiciled in the USA, then it is not mandatory to be represented by a USA-registered Attorney. On the other hand, if an applicant is a foreign-domiciled registrant, then it requires the services of a USA-based Attorney to represent it before the USPTO with regard to the filing of his application for trademark registration.
Once a mark has been registered by the USPTO in the USA, the trademark proprietorship gets to protect the mark in all the fifty states of the USA, Washington D.C., Puerto Rico, U.S. Virgin Islands, Guam and American Samoa. There is no separate application that is required for the protection of a USPTO-registered trademark in any of these regions.
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“I have registered my Trademark through them. The application was filed within 3 days. And the charges were also very reasonable. We got TM Approved in 6 month’s time without any re-submission or objection. They charge high to deliver the best in industry.”
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“Thanks for your services. The team is really professional. They make sure that things are delivered in time. The best part about Enterslice is the consultative approach and guiding us on all our business matters.”
Haiden Group - UAE
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