Trademark registration in the USA
The US attracts entrepreneurs from all over the world. This is a huge market with a large solvent audience, so selling your goods and provision of services here is very profitable. In such a crowded market, it is rather important to protect your brand from the unfair competition actions of third parties. For this, you need to act exclusively in the legal field, incorporate the company according to the law, register trademark in USA, and, of course, pay taxes.
In this country, the intellectual property rights system is established as nowhere else in the world. Therefore, you should not worry here when registering a patent, a useful invention, a music label, or a clothing or food company. The law protects everyone equally. If you come up with something and want to establish your right to a designation, you should undergo a simple procedure and get protection.
Sometimes a company operates for a long time under an unregistered trademark. The company successfully positions itself, has a high-quality client base, and a recognizable brand. And then another enterprise appears, enlisted under the same or similar branding, perhaps even unintentionally.
All of this can cause irreparable damage to the firm reputation. In addition, the owner who officially possesses the trademark has the right to initiate a claim against the short-sighted proprietor who did not have time to register the trademark.
Having received official confirmation of the privilege to use the trademark in the United States, you can carry out activities throughout the country. Any copying or commercial use of your trademark by third parties is subject to your enforcement actions.
What is trademark registration in the USA?
Official confirmation of the right to use a particular sign, logo, text slogan, or musical sound is called trademark registration in USA. The process is not much different from other countries. A frequent person or legal entity must submit documents to state certification bodies by filling out certain forms. After that, the state registrar will check whether such or similar trademarks have already been previously registered.
If the application is duly drafted, after the lapse of the statutory period, the applicant will receive a notification and a certificate of making a unique entry in the trademark register. Usually, the period for consideration of documents takes from ten to sixteen months. But waiting is definitely worth it. As a result, you will receive copyright protection for ten years. And after this period, you can extend it for another ten years.
USA trademark registration is required not only for businesses located within the country and providing some goods or services. Suppose an entrepreneur is located in Europe, Asia, or any other part of the world but exports their products or renders services in the United States. In that case, they also must get trademark protection. With the development of online trading, many began to sell on Amazon, Etsy, and eBay. If your potential customers live in the US, you also should register a trademark; otherwise, unscrupulous dealers will take advantage of the loophole to fake your products.
Please note that not every trademark can be registered in the United States. Legal protection is not granted to logos that include the image of the flag, coat of arms, and other state emblems of any country. Do not use symbols that may mislead consumers, as well as those that are identical or similar to those previously recorded in the U.S. It will not be possible to employ the name, portrait, or signature of a famous person without their consent. Also, the brand must not be offensive from a religious, political, or social point of view. Given the abundance of different groups and views in the nation, you will have to think a lot to make the brand neutral.
Please note that under US law, the copyright holder of a trademark on the 5th year of its validity is required to provide the Office with a Declaration that the trademark is used (Declaration of Use) regarding all classes in which it was registered or an explanation indicating a good reason for not using it (excusable non-use).
After 10 years, the registration period will expire. Therefore, the trademark owner will need to apply again to the state authorities to renew or cancel the trademark. And so it is necessary to do it every decade. Note that the State Patent Offices do not send any formal notices. You will need to control this on your own to avoid missing the deadlines for submitting documents. If you forget to file an application or declaration, this may result in the cancellation of the trademark and removal of legal protection. Therefore, it is important to keep a close eye on deadlines.
While owning a trademark, it can be gifted or sold. As you know, if the name is famous and popular, it is a very valuable asset, which only becomes more expensive over the years. Therefore, it is essential to record the right of ownership at the very beginning of the commercial activity to avoid future difficulties and secure your business lawfully.
Benefits of trademark registration in the USA with www.fintecharbor.com
Fintech Harbor lawyers will accompany the entire process from start to finish. We will help prepare the necessary documents and conduct a preliminary check for designation compliance with international and American standards. We guarantee the highest quality of legal support at a reasonable trademark registration usa cost.
In addition, thanks to well-established mechanisms and protocols, paperwork does not require much time and attention on your part. Our colleagues will fill in almost all forms. Of course, at the beginning of cooperation, we sign a non-disclosure agreement, guaranteeing confidentiality from start to finish.
Our main competitive advantages are:
- free introductory consultation;
- detailed answers to all questions;
- assistance in paperwork;
- competent legal support;
- fast project implementation;
- confidentiality and a high level of professionalism;
- proactive approach and customer loyalty.
Over the years, thousands of certificates and patents have been successfully obtained for our customers worldwide. By entrusting trademark registration in the USA to us, you do not have to visit the country in person to submit documents to state authorities. By signing a power of attorney on your behalf, you authorize a competent lawyer to resolve all issues. If the clerk has questions during the applications, we will help to provide comprehensive answers to obtain brand ownership as soon as possible.
How do we register trademarks in the USA?
In our company, United States trademark registration takes place in several stages.
- After the initial consultation, we check the designation for protectability and find out if similar or identical designations have already been recorded. If similar designations are applied for registration, we will also let you know.
- You must provide grounds for enlisting a commercial name in the country. In this case, it is a use in commerce or intent to use.
- When the package of papers is ready, we will submit an application on your behalf to the United States Patent and Trademark Office. An alternative option is an international entry under the Madrid Agreement.
The Office performs formal and qualifying tests of the petition. This check allows finding if the rights of third parties have been violated. Sometimes you can get a provisional refusal to record a trademark after the inspection. In this case, you can change the name, logo, sign, or file an appeal within 6 months. - After all examinations have been passed, the state body publishes the trademark application in a special bulletin. This ensures that any person or organization that objects have 30 days to write a waiver request. Usually, this doesn’t happen. But if such a letter is received, the brand owner will have to respond to it.
- The last stage is the issuance of a trademark certificate.
You will receive a certificate at your office. Our partners in the USA will send the document to us via courier service, and we will hand it over to you. Once a trademark has been officially entered into all state registries, you can use it as you wish. You can write the sign “®” next to the name. Now everything is official! The law will protect your rights throughout the country for the next decade.
Reviews
We started selling products on Amazon and did not even think that we must somehow record a trading name in the US because we already had registration in our country. Thanks to the qualified assistance of experts from FIntech Harbor, we protected our rights in time.
I want to thank the lawyers from Fintech Harbor for their help in the trademark application USA. Previously, we tried to do it on our own but were rejected after the inspection. By entrusting the process to experts, we got rid of bureaucracy and saved a lot of time and money. Now we are waiting for official certification for our brand.
I recently incorporated a firm that produces farm products. Thanks to Fintech Harbor, I quickly completed all the essential papers, and my goods are already successfully sold in supermarkets in two states. Everything went faster than I expected! Highly recommend.
FAQ
What kind of trademarks cannot be enlisted?
The list of banned names is not much different from other countries. You cannot use the state symbols of the United States or other states. The brand name, slogan, visual logo, or commercial musical sound should not be identical. You can not use generally accepted words (bread, air, bag) and misleading terms. It is also worth remembering politeness and political correctness. Your designation must not be offensive to social, national, or religious groups.
How to check if a trademark is already registered?
The national registry of valid trademarks in the United States is publicly available online. The site https://www.uspto.gov/trademarks/search provides all the information. It is only available in English. Search is free. Anyone can check the full name or a single word.
As a result, information is available, including the registered trademark and its owner. Information will also be recorded if the trademark was sold or donated to a third party. You can also see the application date and publication date in the public register. In addition, there is full information about the company that owns the trademark, including the name and address. Information about the representative who conducted the registration is available.
At the very bottom, you can see the live/dead status. This way, you can determine if the brand is active or has been withdrawn.
As a result, information is available, including the registered trademark and its owner. Information will also be recorded if the trademark was sold or donated to a third party. You can also see the application date and publication date in the public register. In addition, there is full information about the company that owns the trademark, including the name and address. Information about the representative who conducted the registration is available.
At the very bottom, you can see the live/dead status. This way, you can determine if the brand is active or has been withdrawn.
What documents are required for certification of a trademark in the USA?
To register a trademark in the USA, you should provide the following papers:
- applicant’s name and address (if an applicant is a private person, a copy of passport is required);
- for companies—constituent documents, address, and type of organization, passport of the founder and director;
- applicant’s signature;
- description of the trademark (text slogan, logo design, and any other identification);
- description of the services or products that you will sell under this brand;
- receipts for payment of state fees.
The most difficult part for non-professionals is understanding the classification and choosing the right class. Therefore, you need to contact experienced lawyers to properly execute all documents. There have been cases when long months of waiting ended in vain due to incorrectly completed forms.
How long does it take to get a trademark registration in the USA?
US register trademark term usually takes from 10 to 18 months. On average, many companies obtain permission to use the ® mark within a year. But all cases are individual. It is important to remember that the United States Patent and Trademark Office (USPTO) may want to clarify some issues. And the sooner you answer their questions, the better. Also, after a notice is published in the official state bulletin, a third party may have objections about your designation (for instance, someone considers that your trade name is very similar to their own and violates their rights). In this case, you will need to collect a package of documents, provide arguments in your defense, or even completely change your designation and start the procedure again.
br> Tens of thousands of new designations are registered in the US yearly because this market’s competition is huge. Therefore, it is better to submit documents in advance, even before you start selling your goods in the country.
br> Tens of thousands of new designations are registered in the US yearly because this market’s competition is huge. Therefore, it is better to submit documents in advance, even before you start selling your goods in the country.
