Trademark Registration in the USA
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Trademark Registration in the USA

By registering a trademark in the U.S., its owner acquires the right of exclusive disposition of it, as well as the right to protect rights violated by others.

Differences and peculiarities of trademark registration in the USA

Whereas in the Russian Federation legal protection of a trademark is formalized through registration with the FIPS and obtaining a certificate for the brand, in the USA the very process of using the mark in trade is the basis for recognizing it as the intellectual property of the actual owner.

The ability to secure the registration of a designation to an individual, not just to an entrepreneur or a company, is also a local registration feature in the United States.

To initiate the registration process, a duly completed application form needs to be filed with the USPTO, the U.S. Patent and Trademark Office; it is also necessary to prove that the brand owner already uses the brand in the country or intends to do so. The duration of the registration process is about 12 months.

U.S. laws do not require the registration of any symbols or signs that

Stages of trademark registration in the United States

Stage 1. A full verification of whether the trademark is registrable is given serious consideration beforehand.

Verified by:

2 Stage. Trademark registration procedure

1) Package of documents on application for registration of a service mark: set of graphic images of the trademark, application, document confirming payment of the fee. The fee is $325 for one ICGS class;

2) The next stage - passing of the preliminary examination, after which the applicant receives a confirmation of the Office's acceptance of the application for the trademark application ("receipt for the trademark application");

3) Examination. Expert specialist USPTO verifies the right of the trademark to publish information about it. Checks the similarity with the already registered / applied for registration of the designations. Such analysis is conducted by the following documents: the U.S. Trademark Act, Trademark Rules, as well as the USPTO Procedural Requirements;

If the examiner finds no reason for refusal, he triggers the publication process, otherwise the applicant is addressed to the appropriate request (Office Action). The answer to the request of the USPTO examiner must be submitted within six months.

In the absence of response to the request the application is legally recognized (abandoned) - "abandoned". If the response to the request is received on time, the examination of the application is repeated and, according to its conclusions, the examiner, at his discretion, either publishes information on the TK, or sends back another request or document of refuse of registration (refuse of registration);

4) If the brand is approved for registration, the USPTO asks for confirmation of the use of the brand in actual commercial activity in the U.S. (Notice of Allowance). The counterparty has six months to fill out and submit the Notice of Allowance to Allege Use with the proper evidence to the patent organization. At the same time the applicant has to pay the $100 fee for each individual ICGS class (ICGS). By paying the $150 fee for each individual ICGS class, it is possible to extend the response period for the applicant by 6 months. The maximum cumulative period for how long a response to a request for proof of use of the trademark by the applicant can be extended is 36 months, and the fees must be paid on time.

5) Then the service mark is published in the official authority - the Official Gazette of the USPTO (if the examiner has no reason to deny the counterparty the right to register the trademark. After the publication left a 3-month period for the initiation of disputes (opposition period), during which the owners of similar trademarks have the right to submit their claims to the office USPTO.

After the opposition period is completed the fact of registration of the trademark in the Principal Register of U.S. trademarks (Principal Register ) and a certificate of trademark is issued.

Further, to confirm the use of the brand after 5 to 6 years from the date of registration, the owner of the brand must submit a declaration of use of the trademark to the Office.

The certificate of brand registration in the United States is valid for 10 years with the right of renewal.

So, we see that trademark registration in the USA is not an easy procedure, with many subtleties and nuances. Prof-Patent professionals have extensive experience in this area and will register the trademark of your goods or services in the shortest possible time at reasonable prices.

You can find out more details and clarify the cost of this service from our experts by phone, listed contacts or during a personal meeting.

The services we provide in Russia and Abroad:

Our Services
Trademark registration 25 600 RUB.

* Paid in 5-7 days based on the results of the search
** Payable in approximately 6-12 months after a positive decision on registration
*** Fees include a 30% discount for the executor

 

At the national offices:

Madrid System Application

 
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Our reviews

Transneft Oil Pipeline Company
We have high internal standards of work and requirements for contractors. We were pleasantly surprised by the quality of work of this organization. They are very scrupulous in their work.
Sunny Circle grocery supermarket chain
Already at the stage of the free trademark blitz they showed themselves to be worthy, everything is clear and competent. It's a pleasure to work with professionals. We were satisfied with the result.
Producer of dairy products "White Bear"
"The specialists at Prof-Patent are highly competent and professional. They are able to solve even the most complicated problem."
Producers of soft drinks and mineral water "Akvadar"
We have been working with Prof-Patent for more than 10 years. Our cooperation totals dozens of projects. "Prof-Patent provides competent legal support at the highest level.
"Pinta" chain of sports bars
"We applied to Prof-Patent for trademark registration in Rospatent. Prof-patent" specialists treated our question extremely carefully and with great dedication. We hope for further fruitful cooperation".
Head of Marketing N.V. Safronova
"The employees of Prof-Patent consider each issue thoroughly and in the shortest possible time. We advise all companies to apply to Prof-Patent for protection of their intellectual rights".
"Asorty"
The quality of the guys' work is top-notch. Registration of the TOR went without any problems. They prepared everything quickly and professionally. The work is done on excellent.
Flash
We turned to patent attorneys for brand registration. The firm's team was great, they explained the important nuances and helped us avoid a few pitfalls. We were positively impressed after the cooperation. We were attracted by the guarantee of the result under the contract for a refund, they are responsible for their work with their heads.
Construction Concern "VANT"
Prof-Patent specialists prepared all the necessary documents very quickly, and the whole process of registering the TOR went off without a hitch. We have only positive emotions from cooperation with Prof-Patent.
Kvas "Starominskiy"
Trademark registration took place in a very short time, and possible errors would have caused significant problems. But the company "Prof-Patent" completed its work just flawlessly!
All-Russian Film Festival «Bridge_of_Arts»
Horizon radar factory
By the nature of our business we often deal with patenting. "Prof-Patent" is a pleasant example in our practice, when the company solved all our issues on patent registration in the shortest possible time without any problems. We have known the company for decades and have registered several patents through it.
Elis clothing and shoe stores
The firm's staff did an excellent job on the trademark registration project. They are able to offer a non-standard solution to the problem. It was convenient that during the cooperation we communicated directly with the patent specialist, not through the manager. I liked working with them. I recommend them.
Pharmacy Chain "South pharmacy"
I haven't lost sight of these guys for a long time. It's hard to find an organization that does its job without complaints! They easily resolved the issues with Rospatent regarding the trademark intersection of the word "South" with other companies. Current questions are answered on the day of application.
DON-PLAZA
A very serious and responsible approach to business. "Prof-patent" saved our nerves and time. I express my sincere gratitude to all the employees of the company for their true professionalism. These guys are perfectionists in a good way!
SOHO
Based on previous experience with other companies, I was convinced that the deadline for registration of trademarks is delayed, but I was pleasantly surprised when these guys did everything in time, as stated. I would gladly recommend them to my partners.
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