Trademark USA

USA Trademark Registration

To protect a trademark in the United States, an application must be filed with the United States Patent and Trademark Office (USPTO). The United States follows the Nice Classification system but applies its own classification practices. Multiple-class applications are allowed. To maintain a U.S. trademark registration, a Declaration of Use must be filed between the 5th and 6th year, and then every 10 years thereafter.

Trademark Search 

Before applying for a trademark, you might want to conduct a search to find out if there are any identical or similar marks on the Trademark Register. However, it is an optional procedure for filing the trademark application.

      Time frame:  5 – 7 working days

Trademark Application 

Once a trademark application is filed with the USPTO, it is examined to ensure it meets all legal requirements. If the examiner raises no issues or any Office Actions are resolved, the application is published in the Official Gazette. Third parties may file an opposition within 30 days of publication. If no opposition is filed, or if any opposition is resolved in favor of the applicant, the registration fee must be paid, and the trademark is registered with a certificate issued.

Time Frame

The processing time from filing to registration generally takes about 8–12 months. However, if the USPTO issues an Office Action or a third party files an opposition, the process may take longer.

Validity of Registration:

A registered trademark in the USA is valid for 10 years from the date of registration, and it can be renewed every 10 years. After registration, the owner is required to file specific documents at regular intervals to keep the registration active.

For trademark registrations not based on the Madrid Protocol:

  • A Declaration of Use and/or Excusable Nonuse under Section 8 must be filed between the 5th and 6th years after the registration date.

  • A Declaration of Use and/or Excusable Nonuse, along with an Application for Renewal under Sections 8 & 9, must be filed between the 9th and 10th years after registration, and every 10 years thereafter.

  • Owners may also file an optional Declaration of Incontestability under Section 15 to strengthen their rights.

Requirements For Trademark Application in USA:

To file a trademark application, the following information and documents are requred:

  1. Applicant’s name, address, and nationality
  2. Representation of the trademark
  3. Description of goods or services
  4. Classification of goods and services
  5. Certified translation and transliteration if the mark contains words in a language other than English.
  6. If claiming convention priority, a certified copy of the foreign application with English translation is required.

Basis For Filing

  1. Use in Commerce: If you have already used your mark in U.S. commerce, you can file your application based on “use in commerce.” A specimen showing actual use must be submitted with the application.
  2. Intent to Use: If you have not yet used your mark in commerce but plan to use it in the near future, you may file your application based on “intent to use.” After receiving a Notice of Allowance, a Statement of Use must be filed before the mark can register.
  3. Foreign Registration: You may file a trademark application in the U.S. based on a foreign application, foreign registration, or international registration for the same mark.