Trademark registration in the United States. The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. The United States is a highly developed country, accounts for approximately a quarter of global GDP, and is the world’s largest economy by GDP at market exchange rates. By value, the United States is the world’s largest importer and second-largest exporter of goods. The USA holds 29.4% of the total wealth in the world, the largest share held by any country. Making up more than a third of global military spending, it is the foremost military power in the world and internationally a leading political, cultural, and scientific force. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in the United States.
Trademark in the United States
In the USA, signs that can be registered as a trademark can be any of the following signs, or a combination thereof:
- Word Mark (“standard character” drawings);
- Design Mark (stylized wording and/or design);
- Color Mark;
- Shape (Three-Dimensional) Mark (the configuration, shape, or design of a product or product packaging);
- Sound Mark;
- Scent or Flavor Mark;
- Touch Mark;
- Motion Mark;
- Collective Membership Mark;
- Certification Mark.
Necessary documents for trademark registration in the United States
Necessary documents for trademark registration in the United States include:
- The application for trademark registration in the United States;
- Detailed information of the applicant (name, nationality, and address, etc.);
- Detailed information of the representative or attorney (name, nationality, and address, etc.);
- Classification of goods and/or services;
- Trademark sample;
- Priority documents (If any);
- The prescribed fee;
- Other necessary documents.
The procedure for trademark registration in the United States
To obtain trademark protection in the United States, the applicant needs to file their trademark application to the USPTO – the United States Patent and Trademark Office.
In addition, if the applicant only wants protection in a particular state in the USA, he/she can also file for trademark registration in that state, like Texas.
After receiving the trademark application, the USPTO will issue an official filing receipt by email if the application is filed electronically or by mail if it is filed on paper.
The entire progress of registering the trademark will also be available on http://tsdr.uspto.gov/ and can be tracked by the applicant at any time if needed.
Examination period
After that, the examiners at the USPTO will conduct a thorough examination to check if the application complies with the requirement and the mark is registrable.
This process will take from 3-4 months, but the time can also vary depending on the number of applications at the USPTO at that time.
If there are issues with the application and the examiners deemed that the application can’t be registered, they will issue an official letter to the applicant and the applicant has the responsibility to respond to the Office Action within 6 months of its mailing date or the application will be abandoned.
If there are no issues or when the issues have been resolved, the application will be published in the Trademark Official Gazette and a Notice of Publication will be issued listing the publication date. Any third party may oppose the application, or file a request for an extension of time to oppose, within 30 days of the publication date.
The validity period of a trademark in the USA
Once a trademark is registered in the USA, it has a validity period of 10 years from the registration date.
However, in order to maintain the trademark’s validity, a declaration of use must be filed within the 5th year of registration.
If this declaration is not filed, the trademark will lapse and lose protection.
The trademark owner must also file for renewal during the 12 months period before the expiration of the mark along with another declaration of use.
You can see a list of the United States IP firms here.