Trademark USA

USA Trademark Registration

Registering a trademark in the USA is not mandatory, but it is highly recommended as it provides legal protection for your trademark and helps you to establish the ownership and exclusive rights of your trademark.

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 the trademark application is filed, it will be examined by the Examiner with formality checks and substantive examination. If there is no objection, a notice of acceptance will be issued. In case there is an objection, the applicant must respond to the objection within a stipulated time, or else the application will be deemed abandoned. If the application is accepted, it will be published in the Official Journal. Any interested party may oppose the registration of your trademark within 30 days of the publication date. If there is no opposition from any 3rd party, the mark will be registered and the registration certificate will be issued.

Time Frame

Generally, the processing time from application to registration may take about 9 – 12 months. However, if there is an objection from the trademark office or opposition from anyone else, it 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 the registration of the trademark, the owner is required to file specific documents at regular intervals to keep the registration alive.

For trademark registration 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 and an Application for Renewal under Section 8 & 9  must be filed between the 9th and 10th years after the registration date, and every 9th and 10th-year period thereafter,  from the  date of registration.
  • In addition, owners may file an optional Declaration of Incontestability under Section 15 to enhance their rights.

Requirements For Trademark Application in USA:

  1. Applicant’s name, address and nationality;
  2. Representation of trademark;
  3. Description of goods or services;
  4. Classification of goods and services;
  5. Certified translation and transliteration if your mark consist of non-English words;
  6. If the applicant claims convention priority, a certified copy of foreign application is required (with English translation).

Basis For Filing

  1. Use In Commerce :    If you have already used your mark in commerce, you can file your application base on “use in commerce”.  A statement of use must be filed before the registration.
  2. Intent To Use:   If you have not yet used your mark in commerce,  but intend to use it in the near future, you may file  your trademark application  base on “intent to use”.
  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.