Trademark registration in the USA
What is brand certification in the USA?
How do we register trademarks in the USA?
- After the initial consultation, we check the designation for protectability and find out if similar or identical designations have already been recorded. If there are similar designations applied for registration, we will let you know as well.
- Next, you are required to provide grounds for enlisting a commercial name in the country. In this case, it is a use in commerce or intent to use.
- When the package of papers is ready, we will submit an application on your behalf to the United States Patent and Trademark Office. An alternative option is an international entry under the Madrid Agreement.
- The Office carries out formal and qualifying tests of the petition. This check allows finding out if the rights of third parties have been violated. Sometimes you can get a provisional refusal to record a trademark after the inspection. In this case, you can change the name, logo or sign, or file an appeal within 6 months.
- After all examinations have been passed, the state body publishes the trademark application in a special bulletin. This is to ensure that any person or organization that objects have 30 days to write a waiver request. Usually, this doesn’t happen. But in case such a letter is received, the brand owner will have to respond to it.
- The last stage is the issuance of a trademark certificate.
To register a trademark in the USA one should provide the following papers:
- applicant’s name and address (if an applicant is a private person, a copy of passport is required);
- for companies—constituent documents, address, and type of organization, passport of the founder and director;
- applicant’s signature;
- description of the trademark (text slogan, logo design, and any other identification);
- description of the services or products that will be sold under this brand;
- receipts for payment of state fees.
The most difficult part for non-professionals is understanding the classification and choosing the right class. Therefore, it is worth contacting experienced lawyers so that all documents are properly executed. There have been cases when long months of waiting ended in vain due to incorrectly completed forms.