Trademark Registration in USA

USA Trademark Registration – How to Register and its Benefits

A trademark attorney will process a trademark registration in USA by conducting the below-mentioned steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in USA, one must assess all probable challenges that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files your trademark registration in USA and fulfils all necessary steps in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application

What is USPTO?

United States Patent and Trademark office is an agency which is department of commerce in granting patents and registering trademark ion US. It advises president secretary of commerce and various government agencies on way to protect, enforce and promote intellectual property in USA.

What are the phases of application after trademark has been filed in US?

Application will be examined if it is compliant with the filing requirements. Before the application is submitted, it would be best to study first if the mark accomplishes all requirements with regards to clarity, formality, distinctiveness, or any conflict. This will prevent you from being rejected. While the examination is done, the application details will be published & other parties will have a chance to challenge. After this stage, the registration will be granted.

On what grounds can a Trademark Application be Cancelled?

Trademark can be opposed in case of:
  • Property right violation
  • Breach of contact
  • Bad faith
  • Deceiving consumers
  • Generic and functional mark

On what ground trademark can be opposed?

  • Objection to the application is available on the grounds
  • Misleading rights
  • Disparaging signs
  • Descriptive and non-descriptive marks

What is filing basis?

A “filing basis” is a method which is followed in Canada trademark registration, under three categories.
  • Use in commerce basis
  • Proposed basis
  • Foreign registration basis

Is there timeline or the approval of trademark registration?

The average timeline for approval of the registration is 10 months, provided no objections or oppositions happen

How many applications should I file?

It Recommended to submit two applications:
  • To protect verbal elements
  • To protect the design

Do I have protection for my trademark in other territories?

The limit is only exist within the USA.

Do I need a power of Authority during registration?

No, it is Not necessary to complete the registration process

When will I have to renew my trademark?

Subsequent renewals should be done every 10 years.

What is the renewal date for a trademark?

The first renewal date of a trademark registration in USA is 10 years counted from the date of application filing.

What documentation is needed while renewing a trademark?

Yes, need to submit a declaration of use.

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 6 Months

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