United States (USA)

Trademark registration United States (USA) - The USA is a member of the Madrid Protocol. United States National Trademark protection is governed by a Federal law in force since 1946 commonly referred to as “The Lanham Act”. It applies to all fifty U.S. States as well as any territory under United States jurisdiction and control, including the American Virgin Islands (VI), in American Samoa (AS), Guam (GU) and Puerto Rico (PR). Trademark protection is obtained by registration. An unregistered trademark may be protected due to prior use in United States commerce (common law). The United States follow the first-to use system. Trademark law is based on the principles of “common law”.

Trademark registration classification:

Nice Classification

Requirements:

  • Name, nationality, profession and address of the applicant.
  • Details of the trademark owner (name, address, registration number).
  • Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
  • The details of goods and/or services for which the trademark will be registered or the classes in case they are known.A non-legalized power of attorney is sufficient. 

Procedure:

  • A trademark application has to be filed before the U.S. Patent and Trademark Office (USPTO).
  • The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
  • Before registration, the trademark application is once published in the weekly “Official Gazette”.
  • The opposition period is 30 days from the publication date of the application or within limited extensions previously obtained.
  • It takes approximately 10 - 16 months from first filing to secure the registration.

Duration and Renewal: A trademark registration in USA is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years. However, an Affidavit of Continuing Use is due at year five (5) or the USPTO will cancel the trademark. So this is also a very important “renewal” date.


 Fee Structure
          
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