Star-Drive offers services for registering your TM at the USPTO office.
This is reliability, confidence, plus saving your money since direct registration will cost you less than filing an application under an international procedure, through Ukrpatent, WIPO, etc.
If you operate or are just planning to operate in the American market, there is a need to protect your brand and business. Registration of a trademark in the United States is relevant if you are an individual or legal entity and want to protect your trademark from the use by third parties in the country. You can file a relevant application with the United States Patent and Trademark Office (USPTO).
How does a trademark registration in the United States differ from other jurisdictions?
Trademark registration in the United States differs from other jurisdictions in the following ways:
- The validity of evidence. In the United States, this action begins on the date the TM was registered. In other jurisdictions, this period starts from the day the application is filed with the appropriate authority.
- The basis for TM registration. When submitting documents, the applicant is required to indicate one of the following grounds:
- Use in commerce – in the event that at the time of filing the application, the registered designation is already used by the owner in the country.
- Intent to Use – if the applicant intends to use the trademark after its registration.
- According to the procedure of the Paris Convention for the Protection of Industrial Property if the foreign application has already been filed, but no later than 6 months from the date when the documents were filed in one of the countries party to the Convention.
- Foreign registration – on the basis of a trademark already registered in a foreign state.
- International registration under the Madrid Agreement procedure.
US law refuses to register trademarks if they mislead the public, similar to other TMs in terms of confusion or identical to them. Therefore, it is relevant to preliminary search among trademarks already registered or accepted for consideration by the USPTO. Such a search should be carried out both in the American Trademark Electronic Search System (TESS) database and in the international WIPO database.
Pay attention to the classes of the International Classification of Goods and Services (ICGS). If a similar one already exists in the class in which you are going to use the mark, registration of such mark may be refused. However, registration of a similar designation in another class will not serve as a reason for the refusal. Thus, the use of an apple image by the Nina Ricci brand to designate perfumery products in class 3 (perfumery products) will not violate the rights of Apple Inc. in class 9 (information processing equipment and computers, software). Also, when specifying a general description of goods and services, the department may require a more specific list. For example, having specified “Printed products” for goods of 16 class, be ready to indicate a list of specific goods that you intend to publish (magazines, calendars, newspapers, etc.).
If all of the above conditions are met, the Office conducts an examination of the application. In case the examination is successful, trademark information is published in the USPTO Official Gazette.
How long does the registration procedure take?
If the TM meets all the requirements of the law, it will be registered at least 12 months in advance. After that, the owner receives a corresponding certificate, which is valid for 10 years.
The law provides for other terms as well. If you choose Intent to Use as the basis for registration, you must, within 6 months from the date of registration of the TM, submit a Declaration of Use of the trademark in the United States (Declaration of Use), or a request to extend the period, providing the reasons why the trademark not used – Excusable Non-use.
How much does it cost to register a TM in the USA?
The exact cost of registration is determined depending on the number of classes in which ™ is planned to be registered, as well as the application form and other factors. So, filing an electronic application will cost an interested person $ 225-400. The price for submission of documents in paper form is USD 600. Our services start at $ 650.
Star-Drive lawyers have extensive experience in registering trademarks in the United States. Our specialists will calculate how much the services of registering a trademark in the USA will cost you. And most importantly, they will correctly form the description of your TM, which will protect your brand in the future.