The United States of America (USA) is one of the most coveted markets in the world, and we applaud you for considering expanding your business there! Your first step is to protect your brand in the U.S.; you must know what the United States Patent and Trademark Office (USPTO) is and how to get your trademark registered.
IndiaFilings can help Indian nationals and Indian enterprises to obtain trademark registration in the United States. IndiaFilings is a leading online business services platform; we provide a wide range of services to help businesses start, manage, and grow. IndiaFilings provides a streamlined and hassle-free process for obtaining trademark registration in the USA. Our team of experienced trademark attorneys and professionals can guide you through the process and ensure your trademark registration application is prepared correctly and submitted to the USPTO.
Trademarks are intellectual property used to distinguish and identify one party's goods and services from another. A trademark can be a word, symbol, phrase, design, or combination of these elements.
Trademark rights are granted to the owner of the trademark, who has the exclusive right to use the trademark in connection with the goods or services for which it is registered. This means that no one else can use a similar mark in a way that will likely cause confusion or deceive consumers.
It is not mandatory to register the trademark, and the rights for a trademark can be obtained without registration. But, registration offers several benefits and can be done by filling out the application with the USPTO.
Registration of a trademark in the United States has many benefits, including:
Overall, registering a trademark in the United States can provide many benefits and protections for your brand or business and is an important step in building and protecting your intellectual property assets.
Anyone who meets the eligibility criteria for USA trademark registration can apply for a trademark registration, including:
Indian nationals and Indian enterprises can also apply for USA trademark registration.
Indian individuals and businesses are eligible to register a trademark in the United States if they meet the following requirements:
Trademark regulations vary from country to country. In the United States, trademark registration is handled by the United States Patent and Trademark Office (USPTO), a federal agency.
The Law governing trademark registration in the United States is the Lanham Act, also known as the Trademark Act of 1946. The Lanham Act is codified in Title 15 of the United States Code and is administered by USPTO.
The Lanham Act provides the legal framework for registering, using, and protecting trademarks in the United States. The Lanham Act also sets out the requirements for trademark use, including the condition that the trademark is used in commerce in connection with the goods or services associated with the mark, and establishes the remedies available to trademark owners in the event of infringement or dilution.
The USPTO uses the International Classification of Goods and Services, known as the Nice Classification, to classify goods and services for trademark registration. The Nice Classification system divides goods and services into 45 different classes.
For filing a USA trademark application, the applicant must identify the class or classes of goods and/or services for which the trademark will be used. This information is used by the USPTO to determine whether the trademark is distinctive and not likely to be confused with existing trademarks. It is important to note that a separate application and filing fee is required for each class of goods or services for which trademark registration is sought.
There are several types of trademark registration in the United States:
A standard character mark is a word, phrase, symbol, or design registered in plain text without any specific font, style, or color.
A design mark is a trademark that includes a specific design or logo and is registered in combination with specific design elements.
A collective mark is used by group or organization members to indicate membership or association with the group. It is registered in the name of the group or organization.
A certification mark is a trademark used to certify a product or service's quality, characteristics, or origin. It is registered by the owner of the mark to indicate that the product or service meets certain standards or requirements.
A sound mark is a trademark consisting of a specific sound or musical notation registered as a sound recording.
A motion mark is a trademark that includes a specific moving image or animation registered as a video or animation file.
Choosing the right type of trademark registration for your brand or business is important, depending on the nature of the trademark and the goods or services associated with it. IndiaFilings can help you determine the most appropriate registration type for your needs.
A USA trademark registration is valid for ten years from the registration date. It can be renewed for successive 10-year periods as long as the trademark is still used in commerce. IndiaFilings can assist Indian nationals and Indian enterprises with the renewal of their USA trademark registration.
To maintain the validity of trademark registration, the trademark owner must use the trademark in commerce in connection with the goods or services specified in the registration and file the necessary renewal applications and fees with the United States Patent and Trademark Office (USPTO) on a timely basis.
The following are the critical documents required for trademark registration in the United States:
Trademark registration in the U.S. can be done through the United States Patent and Trademark Office (USPTO). Here are the steps to register a trademark in the USA:
Before filing a trademark application, it is important to conduct a comprehensive search to ensure that the trademark is available for registration and does not infringe on the rights of any existing trademarks.
The USPTO uses the International Classification of Goods and Services to classify trademarks. You must determine which class or classes your goods or services fall under.
Once you have conducted a trademark search and determined that your trademark is available, you can file a trademark application with the USPTO. IndiaFilings can assist you with preparing and filing the trademark application with the USPTO, including selecting the appropriate trademark classes and drafting the required documentation.
Non-U.S. citizens and entities must have a U.S. attorney represent them in all trademark matters before the USPTO. IndiaFilings can help Indian nationals and Indian enterprises to hire a U.S. trademark attorney for trademark registration in the United States. A U.S. trademark attorney can provide valuable legal guidance and assistance throughout the trademark registration process and can help ensure that the trademark application meets all the requirements.
After the trademark application is filed, it will be reviewed by a trademark examiner to ensure that it meets all the requirements for registration. The examiner will also search to ensure no conflicting trademarks. IndiaFilings can assist with the review and examination process by responding to any objections or requests for information from the trademark examiner.
If the trademark application is approved, it will be published in the Official Gazette of the USPTO. This allows others to oppose the registration of the trademark. We can help to respond to any opposition that may be filed.
If no oppositions are filed, or the oppositions are successfully resolved, the trademark will be registered, and a registration certificate will be issued. Once a trademark is registered, it is essential to maintain the registration by using it in commerce and filing the necessary renewal applications and fees with the USPTO on a timely basis.
IndiaFilings can assist with obtaining the registration certificate and maintaining the registration, including the registration renewal as required by Law.
Here at India Filings, we have a simplified process for obtaining a trademark registration in the USA. IndiaFilings can connect clients with experienced U.S. trademark attorneys who can provide valuable legal guidance and assistance throughout the trademark registration process.
In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.
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Last updated: Apr 20, 2023
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USA Trademark Registration FAQ's
What is a trademark?
Why should I register a trademark?
How do I conduct a trademark search?
4.How do I file a trademark application?
How long does the trademark registration process take?
How much does it cost for USA Trademark Registration?
Do you need a trademark attorney to file a USA trademark application?
When should I trademark my business name?
Is it free to trademark a name in the USA?
The current fees for a trademark application are based on the type of application you file, the number of classes of goods and services you seek to protect, and whether you are filing online or by mail. As of February 2023, the USPTO filing fees for an online trademark application start at $225 per class of goods or services, while paper filings start at $275 per class of goods or services. There are also additional fees for various trademark-related services, such as filing an appeal or a petition.
Do you need a lawyer to register a trademark in the U.S.?
What is the difference between the ™, S.M., and ® symbols?
How long does a trademark for a business name last?
Once a trademark is registered, the owner must file a maintenance document, known as a Section 8 Declaration, between the fifth and sixth year after the registration date, and then another maintenance document, known as a Section 9 Renewal, between the ninth and tenth year after the registration date. After that, the owner must file a Section 8 and Section 9 document every ten years to maintain the registration.
If the maintenance documents and fees are not submitted on time, the trademark registration may be canceled, and the trademark owner may lose the legal protections associated with the trademark.