Trademark Registration in the USA: Documentation, Procedure & Madrid Protocol

Foreign corporations must first register their trademark in their own country before they can look for a trademark registration in the USA. This is important because your foreign trademark registration will be used to apply for a US trademark.

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Trademark Registration in the USA in 2022

trademark registration in the usaBrand protection is a territorial right that applies only within the borders of the country where it is registered. Businesses looking to expand abroad should ensure that their trademarks have protection in the countries where they are expanding. A trademark registration in any other country will not be valid as compared to the trademark registration in the USA.

Foreign corporations must first register their trademark in their own country before they can look for a trademark registration in the USA. This is important because your foreign trademark registration will be used to apply for a US trademark.

Trademark registrations in the USA are valid for ten consecutive years.

Trademark Registration in the USA: The Role Of USPTO

The United States of America is home to both federal and state trademark laws as well as a centralized regulating body known as the United States Patent and Trademark Office.

The United States Patent and Trademark Office (USPTO), a U.S. Department of Commerce is largely a fee-funded institution. The USPTO, which is also charged with registering service marks and trademarks for products or services, can grant patents to protect inventions.

Documents Required for Trademark Registration in the USA

documents required for trademark registration in the usa

Following is a listing of papers and details required for trademark registration in the USA.

  • The name, address, and signature of the applicant as well as the type of entity.
  • The goods and services that the trademark is used for. 
  • The legal grounds for filing.
  • The logo/trademark must be registered as a sketch or digital picture.
  • Particulars and description of the trademark.
  • Application fees.

If there are no objections raised, the trademark registration in the USA process takes approximately 9-12 months. It could take longer if there were objections.

Read More: USA Business Bank Account 

Trademark Registration in the USA: Madrid Protocol

If you want to expand your company across multiple countries, but are not comfortable with the tedious task associated with registering trademarks in each one of them individually, WIPO in Geneva, Switzerland maintains and regulates Madrid System.

To trademark registration in the USA under the agreement’s coalition of countries, only one application must be filed. Additionally, trademark registration in the USA through this protocol requires that an MM2 form be submitted to WIPO. After that, you must send the paperwork in hard copy directly to the US trademark offices.

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Conclusion

The United States Patent and Trademark Office (USPTO), a U.S. Department of Commerce is largely a fee-funded institution. The USPTO, which is also charged with registering service marks and trademarks for products or services, can grant patents to protect inventions.

Madrid Protocol to trademark registration in the USA under the agreement’s coalition of countries, only one application must be filed. Additionally, trademark registration in the USA through this protocol requires that an MM2 form be submitted to WIPO.

FAQ’s

Your trademark can be registered as either a standard trademark with a character or a special form trademark. You have to choose the right type for your protection and your submission requirements.

It is easy to trademark your brand name. Search the TESS databases for similar brand names. Then fill out the trademark application.

No matter whether an application for registration was filed or the trademark is already registered, the owner can still use the TM symbols. The owner can use the TM icon even if the trademark registration application is declined.

It is not possible to register a trademark. But, you can create a common law trademark by opening your own business.

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