Trademark registration USA

In the US, much attention is paid to business protection. Therefore, when opening your own business, bringing a new product or service to the market, you must trademark registration USA. Trademark USA gives the brand owner preference and protection against misuse.

If you intend to interest consumer with your goods or services, it is worth registering under the rules of the States. This can be done in two ways:

• Register immediately on the territory of the States by national TM application. Suitable for those who intend to work only in the States.
• Legalisation in the USA through the Madrid system. It is convenient when there is already a brand, designed according to the national laws of a particular country.

The SION’s trademark attorneys carry out the trademark registration in USA according to the national procedure or the expansion under the Madrid Agreement through it. During our work, we use the maximum knowledge and experience that we have acquired since 2011. Registration according to the American procedure is a serious task, but every time we cope with it successfully.

US trademark search

Before using a future trademark, it must be checked. This service is called US trademark search. It is carried out by an attorney using the US trademark database – the Trademark Electronic Search System (TESS) analyzing the similarity or identity of the claimed TM with previously registered and filed for registration trademarks in similar classes of the Nice Classification. After that, a detailed report on the possibility of registration is compiled.

This search allows you to minimize the risk of refusal in registration. Jurisdiction gives a lot of refusals, about 25%. In cases of a high degree of similarity, our attorneys will recommend how to change the logo in order for the patent office to register it.

Trademark registration USA process

Registration of trademarks in the United States is carried out in the Patent and Trademark Office (USPTO). Its main task is to trademark check for uniqueness.

Important! According to US Trademarks Law, evidence of the use of a trademark in specific classes of goods and / or services of the Nice Classification is required. Evidence can be attached at the time of filing an application or for an additional fee already in the process of registering a trademark. Our attorneys will advise on the best way to present evidence and how to collect it, and they will do it, on behalf of you.

After trademark checked, we begin registration procedures according to the algorithm:

• We decide on the classes of the Nice Classification, prepare TM application, submit it, pay state fees.
• The USPTO assigns a number to the petition and sends it for examination, which takes several months.
• If there are no complaints about the design, information about the TM is printed in the Official Gazette. Interested parties are given 30 days to protest the badge.
• If there are no objections, after 11 weeks the application is registered, a protection certificate is issued. It operates on the territory of the country.

USA trademark registration term

National registration will take about 12 months. This is provided that there are no comments from the registering authority and protests from third parties. Otherwise, the process may take a little longer. We try to prevent this, we carefully prepare the documents and carefully conduct the check.

We take into account that a number of specific rules are in force in the country. For example, before submitting documents to the responsible department, you must have a reason: to prove that the brand is already in use or there are intentions to use it. Our attorney will reflect this moment when preparing the documentation.

In general, the certificate confirming the TM rights is valid for 10 years. In the 5th year of action, you must submit a declaration of commercial use, or non-use for valid reasons. US trademark renewal for 10 years is possible if the trademark is in use. Otherwise, the trademark holder will lose exclusive rights to the brand.

Trademark registration USA cost

The cost of registration includes state fees and the services of our attorney. The state fee for filing an application in one class is 250 USD, appeal after 5 years of use – 125 USD, renewal for 10 years – 425 USD. We determine the size of the fee before starting cooperation with the client and do not increase it during work.

The United States ranks 2nd in terms of the number of registered TM after China. The jurisdiction receives up to 600 thousand applications annually. Of all active registrations (there are about 2.5 million), 20% belong to foreigners. It is more profitable and faster to register according to the national procedure, only 10% of applications are submitted under the Madrid Agreement.

Since 2019, non-residents cannot apply to the USPTO themselves, this is only allowed to a lawyer with a local license. Our American attorney helps you register in the jurisdiction with a minimum waste of time and money. We have a detailed scenario of actions for different situations, including objections from the registration authority.

This jurisdiction is very popular when registering trademark for Metaverse, NFT collections, and crypto exchanges. We have such experience and will cover the protection of your brand in the virtual world as much as possible.

For consultation and detailed calculation of the cost of the trademark registration USA, please write us by the email: info@sion-ip.com

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