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.
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
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.
|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