Trademark application in the USA

Trademarks are essential for maintaining a company's unique character and exclusivity when referring to its goods and services.

The capacity to defend trademark rights as well as national protection are just a few of the many advantages of trademark registration in the US.

However, filing a trademark application might be challenging. The major stages, the need for preliminary trademark search, prerequisites, and factors related to trademark applications in the United States will be covered in detail by Pocket IP.

Advantages of using the US Trademark Registration Service include:
Legal Protection
The US Patent and Trademark Office (USPTO) will grant your brand legal protection if you register your trademark with them. It gives you the sole right to use the trademark across the country, preventing others from adopting similar marks that can lead to consumer confusion.
National Protection
By registering your trademark with the USPTO, you are granted protection across the whole country.
Infringement prevention
Registration of a trademark serves as a deterrence to potential infringers. It delivers your intent to take legal action to stop unlawful use and that you have legally safeguarded your brand. This may deter rivals from using identical marks or weaken your brand's distinctiveness.
Increased Remedies and Enforcement
Registering your trademark gives you access to more powerful legal repercussions in the event of trademark infringement. It enables you to file a lawsuit in federal court for compensation, legal costs, and other remedies. In order to stop fake items from entering the country, it also gives grounds for filing an application with customs authorities.
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Building Brand Recognition and Trust
Having a registered trademark increases your reputation and fosters consumer trust. It indicates that the USPTO has recognized and protected your brand through a formal registration process. Increased brand awareness, client loyalty, and market competitiveness may result from this.
Opportunities for Licensing and Monetization
A registered trademark can be licensed to third parties, thereby generating income for your company. It enables you to give licenses in exchange for the use of your trademark by third parties for licensing fees. Additionally, if you decide to sell your company or look for investment, a registered trademark might raise its value.

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File trademark application for only $200 + $250 official fee

Benefits of USA Trademark Registration Online with Pocket IP
Convenience: Registering your trademark online provides a convenient and streamlined process. You can submit your application, pay fees, and track the progress of your registration from the comfort of your own computer.
Time and Cost Savings: Online registration saves time and reduces costs compared to traditional methods. Pocket IP service automates most of the steps and allows for faster processing and communication with the trademark attorney, who files your application.
Access to information and Guidance: To assist you in navigating the trademark registration procedure, Pocket IP provides details and guidance. Access to databases for trademark searches, tools for creating and filing applications, and knowledge of trademark rules and policies are all included in this.
Transparency and Tracking: Our service allows you to track the status of your trademark application throughout the process. You can monitor any updates, review examination reports, and respond to office actions promptly. This transparency helps you stay informed and actively participate in the registration process.
Secure Storage of Documents: Registering your trademark online ensures that your application and related documents are securely stored in digital format. This eliminates the risk of physical loss or damage to important paperwork and allows for easy retrieval whenever needed.
How much does it cost to trademark a brand in the US?

The official fee for your trademark application will depend on whether you use the TEAS Standard or TEAS Plus option.

If your list of products and services complies with the most recent edition of the USPTO's Trademark ID Manual, you can select the TEAS Plus filing option, which costs $250 per class.

If you want to submit an application with a non-standard list of products or services, you can only choose the TEAS Standard filing option, which costs $350 per class. You will be charged an extra $100 to register a non-standard list with the TEAS Plus option after review by the UPSTO expert, giving you the same $350 as using TEAS Standard from the beginning.

Pocket IP service fee is $200 per trademark.

What documents are required for trademark registration in the USA?

The following material must be submitted in order to register a trademark in the US:

Application for a trademark: A completed "Trademark Electronic Application System" (TEAS) form for trademark applications must be submitted. The goods or services connected to the trademark must be described in clear, explicit terms.

Specimen of Use: If your trademark has already been used commercially, you must provide a specimen that demonstrates how the mark has been used for the products or services. The evidence of use may be submitted along with the application or during the trademark registration procedure at the USPTO's request.

Filing Fee: Pay the necessary filing fee, which differs based on the application type and the number of classes of goods or services. Only when filing fees have been paid is a trademark application deemed to have been submitted.

Priority Claim (if applicable): If you want to assert your right to priority based on a previously submitted trademark application in another country, you will need to submit supporting documents.

The registration procedure usually takes 9 - 12 months.

Trademark registration process in the US

Trademark search
Trademark search
Before filing, determine which trademarks are already registered or have been applied for registration to avoid wasting time and money.
Applying and paying the filing fee
Applying and paying the filing fee
Draft and submit trademark application to the USPTO
Only once filing fees have been paid is the trademark deemed to have been filed and given an application date and number.
Examination
Examination
Examining an expert
A trademark application is submitted to an examining expert to carefully review the application, specimens, and the findings of the USPTO's trademark search when the USPTO determines that the trademark has complied with the basic filing requirements.
Opposition period
Opposition period
1 month for submitting opposition
Other parties have 30 days from the publication date of the trademark in the Official Gazette for initiating an opposition.
Issuance of a trademark certificate
Issuance of a trademark certificate
Ready for registration
The USPTO will register the mark and provide the owner a certificate of registration if no opposition is raised.

Validity and renewal

The term of validity of a trademark certificate in the US is 10 years. But, between the fifth and sixth years after the registration date, an owner should provide the USPTO with a Declaration of Use.

After this, the Declarations of Use and renewal application should be submitted every 10 years.

Trademark owner has an additional six-month grace period with an additional fee in case of missing deadlines.

If a trademark is not continually used in connection with the goods or services listed in the certificate for five years after the date of registration, the other party has the right to make a claim for early termination of the trademark.

FAQ

If the applicant resides in the US, hiring legal counsel is not required in order to register a trademark there. Otherwise, a trademark attorney is mandatory to appoint to file an application and make any other actions with a trademark.

Actual Use: If you have actually begun using the mark in commerce, you may submit a trademark application. You must submit a specimen of actual use, proving how the mark is being used in commerce, when submitting under Section 1(a).
Intent-To-Use: If you have a sincere intention to use the mark in commerce but have not yet done so, you may submit an application in accordance with Section 1(b). A sworn declaration confirming your genuine intention to use the mark in commerce in the future must be submitted with your filing under Section 1(b).

No, trademarks registered in the United States are not automatically valid or enforceable internationally. To obtain trademark protection in other countries, you would need to file separate trademark applications in each desired country or through regional trademark systems. Another option is to file a single international application through the World Intellectual Property Organization (WIPO) to seek protection in multiple countries that are members of the Madrid system.

You can submit a trademark application even if you haven’t yet started a business or used the mark commercially. While your company is still in the planning or development phase, you can obtain a priority filing date for your trademark by submitting an intent-to-use application.

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