Trademark Registration in U.S.A

Intellectual Property is becoming necessary to get registered in today‘s business world. According to the USA trademark system, it is described as a word, phrase or logo that signifies the source of goods and services, USA law of trademark is governed by the Lanham Act.

Common law trademark rights are collected automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Intellectual Property is usually being protected in law by patents, copyrights, and trademarks which serve its owner to get recognition or financial benefits from what they produce or create. By enforcing the right balance among the interests of the innovators and the communal interest, the IP system points at promoting such an environment where creativity and innovation can grow.

Trademark registration in the USA and its administration at the federal level is governed by the United States Patent and Trademark Office (USPTO). Besides this, all state runs its local trademark registration for the businesses operating within a limited location and does not want any extra protection that is being given by the federal registration.

The legal footing of a trademark in the USA is given by the Trademark Act 1946, commonly known as the Lanham Act.

The federal registration follows different types of registration options to provide the best feasible protection for a variety of needs and circumstances. The Principle Register needs the most important bar of achievement for its registration along with the greatest level of protection to the brands in the USA. The Supplemental Register offers some protection to the brands that fail to restrain for the federal registration on Principal Register. In some cases, there is a chance that the marks which initially fit for Supplemental Register can later qualify for Principal Register.

The federal and state registration in the USA is based on:

• First-to-Use System: This identifies the rights of the first person to use a mark for commercial purposes. The protection under this system is not very strong.

• Intent-to-Use System: The use of the mark under this application must be shown within 5 years of the application. This does hold a few privileges, though

In the United States, it is not registration, but the exact use of a designation as a mark that generates rights and priority over others. Thus, the rule is that ownership of a trademark goes to the” first-to-use”, not the “first-to-file”.

Select Your Plan and Fill Your Cart for Trademark Registration in USA today!!

What Can Be Trademarked?

• Name

  A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubai Ambani can be trademarked.

• Word

  A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked.

• Numbers

  Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand.

• Images

  Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo.

• Sound

  Sound marks in audio format. For ex the sound in the ad jingle.

Who Can Apply For Trademarked?

Any person or business claiming to be owner can apply for a trademark including :

• Individual

• Corporation

• Limited Liability Company

• Partnership

• Limited Partnership

• Joint Venture

• Sole Proprietorship

• Trust

It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of an individual, this problem won’t arise.

Trademark Law in U.S.A

United States law has protected trademarks under state common law from colonial times, but it was not until 1870 that Congress first decided to create a federal trademark regime. The Lanham Act gives the United States Patent and Trademark Office (“USPTO”) regulatory authority over trademark registration.

Trademarks are administered by both state and federal law. State common law basically gives the principal source of protection of trademarks, but over time, federal trademark law has found much of the ground earlier covered by state common law and now gives the principal source of trademark protection. The main federal statute is the Trademark Act of 1946, as revised (the Lanham Act) which classified much of the existing common law on trademarks. The Patent and Trademark Office (PTO) is accountable for managing all laws associating to trademarks and patents in the U.S.A .

Rights to a trademark can be obtained by both being the first to register the mark with the PTO, or by being the first to practice the mark in commerce, which protects at the state level by statute and common law. To get the greatest protection for a mark, it is normally advisable to register the mark. A mark that is registered with the PTO must be marked with the ® symbol. Unregistered trademarks should be marked with a “tm”, and unregistered service marks must be marked with a “sm”.

Trademark rights can be wasted by improper licensing, assignment, generosity or abandonment. If the use of a trademark is licensed without sufficient quality control or guidance by the trademark owner, the trademark will be cancelled. And if the rights to a trademark are assigned to another party in gross, without the corresponding sale of any assets, the trademark will be cancelled. Generosity is when a trademark drops its distinctiveness over time and becomes general, thereby failing its trademark protection. Trademark rights must be maintained through actual lawful use of the mark for a time, which varies, or rights to the mark will cease. Besides, if a mark’s registered owners fail to enforce the registration in the event of infringement, it may also expose the registration to become liable for an application for removal from the register after a certain time on the grounds of “non-use”.

Procedure For Trademark Registration

• Complete our trademark Form

  You need to fill our simple online trademark application form & submit documents.

• Conduct your trademark search

  To make sure that unique logo name filed is available or not, Trademark Search is executed by experts.

• Select Appropriate Class

  Depending on nature of your products, we shall suggest the appropriate class of the 45 classes.

• Trademark Application filed

  We create your Trademark application in 3 days and get your TM number.

• Trademark registration completed

  Your trademark is registered in 1.5 2 years if no competitor objects to your trademark application.

Steps to Register Trademark in U.S.A

• Step 1: Trademark Search in U.S.A

  The Trademark search is done prior just to make sure the trademark application you are giving for registration is correct and unique. The Trademarcart provides you with with searching trademark option. Searching trademark can be in form of words, image, number etc. The report will be provided to applicant that involves an assessment from a lawyer trained in trademark law about the registrability of a trademark and the risk of a fights with trademarks earlier registered.

• Step 2: Trademark Status Search

  Upholding the status of your registration is a strong act to have an update on the process. We can offer you a status report for your trademark or you may apply our website to search for yourself. Also, put your trademark into the best suited of Trademark class i.e. out 45 categories for you.

• Step 3: Trademark Application

  We prepare the trademark registration application in mainland U.S.A .The all-inclusive cost involves our attorney fees and the government fee, thinking no refusal or opposition.

• Step 4: Application Approval

  When the documents are filled and application is completed and submitted we will further transfer your application to the trademark authority. They will examine the trademark application and look towards its uniqness. The approval or denied procedure take few months.

• Step 5: Advertising in the Official Gazette

  The mark is published in the Trademark Official Gazette. A Notice of Publication will be issued to the applicant listing the publication details.

• Step 6: Issue of the Registration Certificate or Notice of Allowance

  Once all the issues and oppositions are resolved, the USPTO issues a Certificate of Registration for use-based applications or a Notice of Allowance for intent-to-use applications.

Benefits of Trademark Registration in U.S.A

• Controls others from using confusingly alike marks in the first place by making the mark simple to find in a trademark availability search, thereby stopping difficulties before they even start.

• Protects upon the registration of smarks, as the Trademark Office has to cite prior registrations upon applications for similar marks and to refuse to register such marks, thereby similar enlisting the power of the US Government in helping to stop infringement at no extra cost to you.

• Treats the mark as if used nationwide as of the application date, which is important in a system in which 1st use wins-otherwise, your rights are restricted to the geographic area of use or reputation of the mark, possibly allowing others to apply the same mark in another geographic area and leading to certain confusion when one or both parties expand.

• Gives nationwide notice of ownership of the mark as of the registration date, stopping others from demanding their subsequent adoption of the mark was in good faith.

• Serves as evidence of the validity and private ownership of the mark for the goods and services listed in the registration, with increased protection after 5 years and the possibility of becoming undeniable which can benefit not only in court matters but are more importantly in convincing others to stop using a mark without the necessity to go to court.

• Grants the right to use the ® symbol when the mark is applied for the goods and services listed in the registration, giving your products more marketing cachet and putting competitors on a note that you are serious about preserving your rights.

• Grants the right to sue in federal court and, in few cases, get treble damages and attorney fees, thereby giving for potential important monetary recovery in appropriate cases.

• Entitles you to certain statutory damages in the case of counterfeiting, relieving you from having to demonstrate actual damages to receive a monetary award.

• It provides a basis for foreign registrations, facilitating the protection of your marks worldwide as the business grows.

• Empowers US Customs and Border Protection to block imports that infringe the mark or are counterfeits once the registration is individually “recorded” with Customs, putting Customs in your corner in stopping infringement at no additional cost to you.

Documents Required

• Application form

• Copy of Applicant’s Id and address proof

• Copy of the business/company certificate

• Letter of power of attorney

• Print and digital version of proposed trademark

• Copy of the passport of applicant

What do we Provide?

• Trademark Comprehensive Search

  A report prepared by our attorneys, expert in trademark process, that will provide assistance in processing the application. The report consists: categorizing the class of products/services prescribed by you. Performing trademark search from the US Trademark Seach database and this will increase the possibility of getting the trademark registered with minimum chances of opposition.

• Trademark Registration Request

  After the compresive Trademark Search and Analysis report in which they check trademark availability US, the trademark application is processed with the trademark office. You will receive an email confirmation with regards to the filing of application. We will also monitor the trademark status with the US Trademark Office.

• Trademark Registration Certificate

  Once the trademark application is accepted for registration, we will do the final formalities for obtaining the certificate and sending the registration certificate to you.

Trademark Search in U.S.A

Before investing in a name, brand, logo, slogan, or symbol, it’s advised to carry a precise search to avoid possible trademark infringement. A comprehensive trademark search profits save costly disputes and the chance of losing your rights in the future.

Protect your registered marks by actively controlling trademark infringement. You can refuse applications that may infringe upon your marks. In-country like USA trademark search is very necessary to avoid and offenses and cheating.

Our trademark experts will create search procedures and conduct a well-defined search on similar or possible trademarks. We prepare a complete report together with our professional opinions on the availability of registrability. The report will be sent to you electronically.

USA trademark application in 3 simple steps

• Step 1

  Complete our trademark form.

• Step 2

  We will generate your Trademark application

• Step 3

  Final Wrap-Up of your Trademark Order.

Period of Validity and Renewal

In U.S.A, a registered trademark will be lawfully protected for 10 years from the date of its certified registration. After 10 years, if the owner wishes for additional expansion for it to be kept operational, further official charges are to be paid to the USA Ministry of Economy.

When the renewal is not done as soon as possible, there will still be a grace period of 6 months. It must also be seen that a registered trademark can be asked to be cancelled by any interested party if the said trademark is not used for 5 consecutive years in the USA from the date of its filing.

Trademark registration is valid for up to 10 years from the filing date of the application and is renewable for similar periods in USA. The renewal fees of a trademark registration can be given in the final year of the registered period. Also, a grace period of 3 months is acceptable for the late renewal of a trademark with a fine. The renewal of a trademark is also printed in the Trademark Journal and also in 2 local daily newspapers.

Once your USA trademark renewal is finished, your trademark registration is maintained. Your trademark registration gets an expansion for a decade. You can now securely use your trademark for advertising your company and brand in the international market.

Requirements for Renewal Process:

The application form or the renewal form is required. This form assists you to apply officially for your trademark renewal.

• An agent who would look and keep you updated on all the paperwork and renewal processes. You should make sure that your mark is well protected. If you are seeking the help of an agent, you must provide them with an owner’s signature on the registration certificate.

• The original registration certificate is also important. You should provide the authority with the original or photocopy whatever seems necessary.

• Deposit the requisite amount of fees so that you do not face any delay.

• You also need a power of attorney and an ID or address proof.

You would not be permitted to file a report upon any duplicity if you do not renew your trademark. A registered trademark gives you the legal benefit of having the trademark owner. You should file for trademark renewal before the time has passed.

Trademark Class in U.S.A

The USPTO, which is the federal office entrusted with managing the registration of trademarks, divides marks into 45 different categories out of which 34 for products and 11 for services. These categories are known as classes and are used by the USPTO to assist in differentiating and keep track of the many thousands of new marks that it registers every year.

Goods

• Class 01 Chemicals substances products
• Class 02 Paints, Coatings & Pigments
• Class 03 Cleaning Products, Bleaching & Abrasives, Cosmetics products
• Class 04 Fuels, Industrial Oils, and Greases Illuminates
• Class 05 Pharmaceutical, Veterinary Products, Dietetic products
• Class 06 Metals, metal castings, Locks, Safes, Hardware products
• Class 07 Machines and Machine Tools and Parts
• Class 08 Hand Tools and implements, Cutlery products
• Class 09 Computers, Software, Electronic instruments, & Scientific appliances
• Class 10 Medical, Dental Instruments, and Apparatus
• Class 11 Appliances, Lighting, Heating, Sanitary Installations
• Class 12 Vehicles
• Class 13 Firearms, Explosives and Projectiles
• Class 14 Precious Metal ware, Jewellery,
• Class 15 Musical Instruments and supplies products
• Class 16 Paper, Items made of Paper, Stationery items
• Class 17 Rubber, Asbestos, Plastic Items
• Class 18 Leather and Substitute products
• Class 19 Construction Materials (non-metallic)
• Class 20 Furniture, Mirrors products
• Class 21 Crockery, Containers, Utensils, Brushes, Cleaning Implements
• Class 22 Cordage, Ropes, Nets, Awnings, Sacks, Padding
• Class 23 Yarns, Threads products
• Class 24 Fabrics, Blankets, Covers, Textile products
• Class 25 Clothing, Footwear, and Headgear products
• Class 26 Sewing Notions, Fancy Goods, Lace and Embroidery products
• Class 27 Carpets, Linoleum, Wall and Floor Coverings (non-textile) products
• Class 28 Games, Toys, Sports Equipment
• Class 29 Foods – Dairy, Meat, Fish, Processed & Preserved Foods
• Class 30 Foods – Spices, Bakery Goods, Ice, Confectionery products
• Class 31 Fresh Fruit & Vegetables, Live Animals,
• Class 32 Beer, Ales, Soft Drinks, Carbonated Waters products
• Class 33 Wines, Spirits, Liqueurs products
• Class 34 Tobacco, Smokers Requisites products

Services

• Class 35 Advertising, Business Consulting
• Class 36 Insurance, Financial
• Class 37 Construction, Repair, Cleaning
• Class 38 Communications
• Class 39 Transport, Utilities, Storage & Warehousing
• Class 40 Materials Treatment, Working
• Class 41 Education, Amusement, Entertainment, Reproduction
• Class 42 Scientific and technological services and research and design relating thereto
• Class 43 Services for providing food and drink; temporary accommodations.
• Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals
• Class 45 Medical services; veterinary services; hygienic and beauty care for human beings or animals

Trademark Protection in U.S.A

Maintain your trademark rights and stop infringers.
Once you’ve registered your trademark with the United States Patent and Trademark Office (USPTO), you must protect your trademark from infringement and abuses by other entities. Trademark protection is a crucial part of the process. Though the attorneys at USPTO are known for being diligent about not allowing similar trademarks to be registered, some questionable trademarks are bound to slip through the cracks. If a trademark that bears striking resemblance to your trademark is registered, then you will want to know about it as soon as possible.

Trademarks are on file in 3 different types of databases federal, state, and common law. If you filed your trademark using the services of Xavier Morales, then you can be confident that all three relevant databases were thoroughly searched before your application and subsequent filing was approved. Additionally, I sent you a letter stating my professional opinion of the long-term viability and security of your trademark.

If you registered your trademark on your own or by any other legal attorney, though, then you may not have the same confidence in your trademark’s originality and assurance. A precise investigation into the sustainability of your trademark, as well as ongoing monitoring and evaluation, is important for protecting your trademark.

FAQs on Trademark Registration