Trademark Registration in the USA in 2022
Brand 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.
Grounds for Registering Trademarks in the USA
A trademark owner is required to state the legal justifications for submitting an application for trademark registration in the USA. Trademark holders must comply with legal requirements applicable to their filing bases.
- Use in commercial settings: The proprietor of the trademark may use this filing basis if the trademark has been used in connection with the sale of products or the provision of services to clients residing in or traveling through the United States.
- Based on the intended use: This basis is available to trademark owners who have not yet begun employing their mark but who genuinely intend to do so in the foreseeable future, or within the next three to four months, in connection with their products or services.
- Foreign application basis: The trademark owner may use this basis if they have submitted a foreign application—a trademark registration application in the country of origin—within six months of submitting their application in the United States.
- Foreign registration ground: This filing basis is available to trademark owners who already have a foreign registration for the same mark that covers identical products or services in the nation of origin.
How to File the Trademark Application Through the USPTO?
Online filing of the trademark application is possible through TEAS (Trademark Electronic Application System) as follows:
Determine if the trademark is available
You must determine whether your trademark is eligible for US registration. This requires an extensive investigation of the United States trademark registry records to determine whether any identical or related trademarks have previously been filed.
Submitting an application
The application is completed and sent to the USPTO once all the relevant information has been acquired. The trademark assessor reviews it when the trademark application is submitted on a number of different bases.
Receiving notification
A notice is sent out regarding the application if any incorrect or unsuitable data is discovered. To make changes to the details or submit a new application for approval, you have six months. If no objections are voiced, the form is then submitted for publication in the Official Trademark Gazette.
Opposition
After the trademark is published, you have 30 days to file an opposition to the mark from competing products or parties.
Trademark registration
Within eight weeks following the publication of the mark, the USPTO is going to issue a notification of permission if no opposition is filed and the trademark is published depending on the candidate’s genuine desire of utilizing it. After receiving notification of the allowance, the candidate has six months to use the mark.
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.
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.
