Register Trademark in US - An Overview

A trademark, which protects the brand name of a business can include a word, symbol, logo, or any combination thereof, used with respect to certain products and/or services.

Trademark protection is territorial and exists only within the boundaries of a country where the trademark has been filed. Entities looking at expanding their business internationally must ensure that their trademark is adequately protected in the respective countries where they intend to start their business.

One of the economically leading countries, the United States of America has its own Federal Law and respective State Laws pertaining to trademarks, and a centralized governing authority called as the United States Patent and Trademark Office (USPTO).

Why file a US Trademark Application? Benefits

TRADEMARK REGISTRATION IN THE US HAS ADVANTAGES LIKE:

  • Legal Ownership throughout all states in the US.
  • A USPTO trademark registration confers the highest degree of protection for a brand name.
  • Exclusive Usage Rights.
  • Right to refrain others from using your trademark.
  • The Trademark gets listed on the USPTO Trademark Database (Trademark Electronic Search System, or TESS).
  • Right to use the ® symbol.
  • A USPTO trademark registration increases valuation of the brand name as well as the business.
  • Rights to take legal action against infringers and counterfeits.
  • A USPTO trademark registration provides a legal authenticity to the brand and the business, which in turn would increase the customer ba.
How to register a trademark in the US?
  • A DETAILED PROCESS

    In order to file a trademark in the US, the following steps need to be followed and our panel of experts and US attorneys provide assistance in each of the steps.

  • US TRADEMARK SEARCH

    A thorough search of the database for similar trademarks must be conducted prior to the filing. This gives a preliminary assurance that your trademark is not confusing or similar to an already existing mark and accordingly, also reduces the chance of objection on grounds of similarity and/or any third party oppositions.

  • IDENTIFICATION OF CLASS

    Based on the description of the product or service as provided by your business, the exact class or classes from among the 45 Classes, need to be identified.

  • IDENTIFICATION OF CLASS

    Based on the description of the product or service as provided by your business, the exact class or classes from among the 45 Classes, need to be identified.

  • COMPREHENSIVE SPECIFICATION DRAFTING

    The trademark specifications have to be carefully drafted to include all the products/services provided by the business, and the same should be as per the acceptable entries of the ID Manual provided by the USPTO.

  • TRADEMARK FILING BASIS (SEC. 1A, 1B, 44D, 44E)

    This is a crucial step of the trademark filing process as the applicant is required to select the Filling Basis for the trademark application from among Intent to Use, Actual Use/Use in Commerce, Foreign application/Claiming priority (within 6 months from the filing date of the foreign trademark application) and Foreign Registration.

  • SPECIMEN OF USE

    If the trademark is being filed claiming usage of the mark, corroborating and acceptable specimen of use (documents establishing the use) must be provided.

  • FINAL APPLICATION

    Once the trademark application is filed, the applicant will receive the corresponding serial number provided by the USPTO.

Procedure for Trademark Watch
  • STEP 1

    You discuss your business and brand with our lawyers. The lawyers recommends the variations on your brand name that need to be tracked.

  • STEP 2

    We provide you with real-time information on any attempts by other businesses and individuals to register similar trademarks, even those in other domains. This can be done in India and globally.

  • Documents To Be Submitted

    • TM Certificate | Certificate of Trademark Registration (if any)
    • Details of the Party | Name and description of the assignor and assignee
    • NOC | No Objection Certificate from the original owner of the registered trademark

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TaxFillingIndia: Legal Information for Indian businesses

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