Trademark Registration

Trademark Registration

Trademark registration in the USA


Register your name, logo, slogan now!

Quick and easy Online questionnaire which will take 5 min of your time

We will conduct searches on the federal database for direct-hits

We will prepare and file your registration in the USA.

Trademark Registration

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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’s represented as a word, phrase or logo that signifies the supply of goods and services. USA law of trademark is governed by the Lanham Act.
Common law trademark rights are collected mechanically when a business uses a name or logo in commerce, and are enforceable in state courts. Material possession is sometimes being protected in law by patents, copyrights, and trademarks that serve its owner to get recognition or financial advantages from what they manufacture or produce. By implementing the correct balance among the interests of the innovators and also the communal interest, the information processing system points at promoting such an environment where creativity and innovation can grow.
Trademark registration within the USA and its administration at the federal level are ruled by the U.S. Patent and Trademark workplace (USPTO). Besides this, all state runs its native trademark registration for the companies operative among a restricted location and doesn’t wish any additional protection that’s being given by the federal registration.
The legal footing of a trademark in the USA is given by the Trademark Act 1946, commonly called the Lanham Act.
The federal registration follows different types of registration options to produce the simplest possible protection for a variety of needs and circumstances. The Principle Register needs the most necessary bar of achievement for its registration at the side of the best 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’s a chance that the marks which initially acceptable Supplemental Register can later qualify for Principal Register.

The federal and state registration within the USA relies on:

  • First-to-Use System: This identifies the rights of the first person to use a mark for business purposes. The protection below this technique isn’t terribly robust.

  • Intent-to-Use System: the use of the mark under this application should be shown within five years of the application. This will hold a couple of privileges, though

In the United States, it’s not registration, however the precise use of a designation as a mark that generates rights and priority over others. Thus, the rule is that possession 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!!

Basic Package

49 + Govt. Fees
  • Review
  • Prepare
  • Filing
  • Trademark Alert®

    Trademark Alert®

    2-years of Trademark Alert® Lite service included. Includes Trademark Status Monitoring and Trademark Infringement Notifications.

  • Trademark Secured®

    Trademark Secured®

    Place the Trademark Secured® trust mark on your website.Monitor your trademarks in one easy place and notify the public po fyour claimed trademark protection.

Standard Package

289 + Govt. Fees
  • Review
  • Prepare
  • Filing
  • Trademark Alert®

    Trademark Alert®

    2-years of Trademark Alert® Lite service included. Includes Trademark Status Monitoring and Trademark Infringement Notifications.

  • Trademark Secured®

    Trademark Secured®

    Place the Trademark Secured® trust mark on your website.Monitor your trademarks in one easy place and notify the public po fyour claimed trademark protection.

  • Advance Search

    Advance Search

    We conduct research on your wording to see if your trademark has a good chance of approval. A large portion of the research is conducted using the federal register. We research goods/services, classifications, prefixes, suffixes or similar sounding variations.

  • Refusal Risk Meter®

    Refusal Risk Meter®

    With the Refusal Risk Meter® you will be able to visually see your risk of refusal before filing. The Refusal before filing. The Refusal Risk Meter® compares your anticipated trademark to other similar trademarks already filed with the USPTO(United States Patent & Trademark Office).

Delux Package

356 + Govt. Fees
  • Review
  • Prepare
  • Filing
  • Trademark Alert®

    Trademark Alert®

    2-years of Trademark Alert® Lite service included. Includes Trademark Status Monitoring and Trademark Infringement Notifications.

  • Advance Search
  • Trademark Secured®

    Trademark Secured®

    Place the Trademark Secured® trust mark on your website.Monitor your trademarks in one easy place and notify the public po fyour claimed trademark protection.

  • Litigant Scan TM

    Litigant Scan TM

    Certain words trigger lawsuits and oppositions, we deliver a report on wording in your trademark and you will be well informed if your trademark includes such wording.

  • Office Action Response

    Office Action Response

    We will assist in transmitting Office Action responses until your trademark reaches as Approval of Publication.

    *Does not include substantive responses (e.g. a response to a Likelihood of Confusion refusal or a generic wording refusal), not common.

What Can Be Trademarked?

Eligibility 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 the case of an individual, this problem won’t arise.

Advantages of Trademark registration

  • It controls others from using confusingly alike marks in the first place by creating the mark by seeking out in a very trademark availability search, thereby stopping difficulties before they even begin.

  • Protects upon the registration of trademarks, 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 U.S. government in serving to stop infringement at no further cost to you.

  • Limited Liability Company
  • Treats the mark as if used nationwide as of the application date, which is important in a very system in which first use wins-otherwise, your rights are restricted to the geographical area of use or name of the mark, possibly permitting others to apply the same mark in another geographic area and leading to certain confusion once either party expand

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

  • Serves as evidence of the validity and personal possession of the mark for the goods and services listed in the registration, with increased protection after five years and the risk of turning into simple which can profit not solely in court matters however are more importantly in convincing others to stop employing a mark without the necessity to go to court.

  • Grants the right to use the ® symbol once the mark is applied for the goods and services listed in the registration, giving your product a lot of promoting cachet and putting competitors on a note that you are serious about preserving your rights

  • Grants the right to sue in court and, in few cases, get exemplary damages and lawyer fees, thereby giving for potential necessary monetary recovery in appropriate cases.

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

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

  • Empowers United States of America 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 extra cost to you.

Procedure For Trademark Application

Documents required for Trademark

  • 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


Period of validity and renewal

In the U.S.A, a registered trademark is lawfully protected for ten years from the date of its certified registration. After ten years, if the owner desires for additional growth for it to be unbroken operational, further official charges are to be paid to the USA Ministry of Economy.

When the renewal isn’t done as soon as possible, there will still be a grace period of 6 months. It must even be seen that a registered trademark can be canceled by any interested party if the said trademark isn’t used for five consecutive years in the USA from the date of its filing.

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

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

Requirements for Renewal Process:

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

  • An agent from UN agency would keep you updated on all the paperwork and renewal processes. You should check that that your mark is well protected. If you’re seeking the help of an Associate in Nursing agent, you need to give them with associate degree owner’s signature on the registration certificate.

  • The original registration certificate is also vital. You should give the authority with the original or photocopy no matter what appears necessary.

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

  • You also need an influence of lawyer associate and 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 provides you the legal advantage of having the trademark owner. You should file for trademark renewal before the time has passed.

Trademark Law in U.S.A

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

Trademarks are administered by both state and federal law. State common law essentially provides the principal supply of protection of trademarks, however over time, federal trademark law has found much of the ground earlier covered by state common law and now provides the principal supply of trademark protection. The main federal statute is that the Trademark Act of 1946, as revised (the Lanham Act) classified a lot of the existing common law on trademarks. The Patent and Trademark Office (PTO) is accountable for managing all laws associating with trademarks and patents in the U.S.A.
Rights to a trademark can be obtained by each being the first to register the mark with the PTO, or by being the first to apply the mark in commerce, which protects at the state level by statute and customary law. To get the best protection for a mark, it’s commonly advisable to register the mark. A mark that’s registered with the PTO should be marked with the ® symbol. Unregistered trademarks should be marked with a “Tm”, and unregistered service marks should be marked with an “Sm”.

Trademark rights may be wasted by improper licensing, assignment, generosity or abandonment. If the use of a trademark is licensed while not sufficient quality control or guidance by the trademark owner, the trademark is canceled. And if the rights to a trademark are appointed to a different party in gross, without the corresponding sale of any assets, the trademark is canceled. Generosity is when a trademark drops its distinctiveness over time and becomes general, thereby failing its trademark protection. Trademark rights should be maintained through actual lawful use of the mark for a time, which varies, or rights to the mark can cease. Besides, if a mark’s registered homeowners fail to enforce the registration in the event of infringement, it’s going to conjointly expose the registration to become responsible for Associate in the Nursing application for removal from the register after a definite time on the grounds of “non-use”.

Trademark Filing Basis (SEC. 1A, 1B, 44D, 44E)

    According to the Trademark Law, the “filing basis” category must include on what basis the trademark has been filed with the USPTO. You can choose one or more basis, depending upon the requirement.

    THE FOUR BASIS ARE:

  • Use in Commerce : This mark is being used for trade of goods and services across different states and countries within one state.

  • Intent to Use : If you wish to use the trademark in trade and commerce shortly, maybe within 4-5 years, then you need to choose this basis.

  • Foreign Application basis under Section 44(d) : This basis is used if you’re looking to register the foreign application which has been filed within 6 months.

  • Foreign Registration basis under Section 44(e) : In case the mark already has a foreign registration, then the relevant information needs to be submitted along with the certificate.

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 44 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 U.S. Patent and Trademark Office (USPTO), you must protect your trademark from infringement and abuses by other entities. Trademark protection could be 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 may want to know about it as soon as possible. Trademarks are on file in three different types of databases federal, state, and common law.

Frequently Asked Questions

What is trademark registration?
How to get trademark registration?
How much does it cost to get trademark registration?
What is the process to get trademark registration?
What are the documents required to get trademark registration?
What do you mean trademark?
Are trademark, patent, copyright the same thing?
What is the difference between business/company registration name and trademark registration?
How can I check the status of a trademark application?
On what ground can my trademark be refused?
What tips would you give to make sure it doesn’t get refused?
Can someone appeal to the rejected application?
What do you mean by inherently distinctive trademarks?
What are Fanciful Trademarks?
What are Arbitrary Trademarks?
What are Suggestive Trademarks?
What kind of trademarks are usually not registered?
What are the descriptive and generic trademarks?
How long does it take to get the trademark registered?
Does one need to renew the registered trademark?
What is the significance of ® or ™ symbol?
Can I trademark my non-profit, social media group or social club?
What information do I need to provide?
What are the different kinds of the mark?
How can I choose my category?
How can I choose the right category?
What basis do I need to choose for registration?
What do you mean by Declaration of Use and Specimen of Use?