Trademark registration USA
In the United States, great emphasis is placed on protecting the commercial interests of the copyright holder. The principle of first use applies here: if someone is already using the name or icon, third parties will not be able to register them. Trademark registration USA gives the brand owner preference and protection against misuse.
If you intend to interest an overseas consumer with your goods or services, it is worth registering under the rules of the States. This can be done in two ways:
- Legalize in Ukraine and expand to the United States. It is convenient when there is already a brand designed according to Ukrainian laws.
- Register immediately on the territory of the States by national application. Suitable for those who intend to work only in the States.
The SION Patent Law Firm has an attorney with a US license. We carry out the trademark registration in USA according to the national procedure or the expansion under the Madrid Agreement through it, without involving intermediaries. 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.
USA trademark search
The National Patent Office is called the Patent and Trademark Office (USPTO), where the registration application is filed. USPTO staff members will trademark check for uniqueness.
So that they do not find a similarity or coincidence, we search the USA trademark database. It’s called the Trademark Electronic Search System (TESS). The search shows whether the object is protected, whether the applicant will not receive a refusal. The jurisdiction gives a lot of refusals, about 25%.
After verification, we begin registration procedures according to the algorithm:
- We decide on the classes of MKTU, prepare documents in English, submit an application, 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 rights to the TM 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. Renewal for 10 years is possible if the badge is in use. Otherwise, the copyright 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 is from 225 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.
For a detailed calculation of the cost of the process in the USA, please fill out the Brief and send to email: firstname.lastname@example.org.