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Trademark Registration in the USA
If you plan to do business in America, you need to register your trademark in this country. The experts of the EXIP patent and legal firm explain what you need to know about trademark registration in the USA and how to do it as quickly as possible.
To file a trademark registration application in the United States, you do not need to become a resident of this country. Anyone can file it with the relevant authority, the United States Patent and Trademark Office (USPTO).
The review and registration process takes up to 1.5 years. Registration is valid for 10 years and can be renewed for the same period an unlimited number of times.
Please note that after receiving registration, you must use the trademark for all goods and/or services for which the mark was registered. Otherwise, after 5 years you will need to show valid reasons for not using the trademark.
Features of trademark registration in the USA
When filing a trademark application, you will need to indicate one of the following bases:
• Commercial use, if you have already used this trademark in the United States
• Intent to use: the application is filed before the actual commercial use of the trademark in the United States begins3)
• Foreign application (based on the Paris Convention): an application for an identical mark for the same goods and/or services has already been filed in another member country of the Paris Convention
• Foreign registration: an identical trademark for the same goods and/or services is already registered in another country
• International registration (based on the Madrid Agreement): registration in several countries at once, including the United States
Process of obtaining trademark registration in the USA
1. Choosing the form of the trademark and the goods/services under which it will be used
2. Searching for similar and identical trademarks
3. Preparing and filing the registration application
4. Checking the uniqueness of the trademark (the application may be challenged within 30 days)
5. Issuing a registration certificate (if the trademark has already been used) or a decision to grant registration (if there is only an intent to use the trademark). In the second case, within 6 months you will need to submit proof of actual use of the trademark, and only then will you receive the trademark registration certificate in the USA
The trademark registration process in America is rather long and cumbersome, so it is better to entrust it to professionals. If you are wondering how to register a trademark in the USA, contact EXIP.
