Features of Trademark Registration in the USA
In the United States, it is possible and important to start registering your own TM in order to be able to protect intellectual property rights. To increase the chances of registering without hindrance, you need to prepare.
Choose a name for your TM that is unique and consistent with the rules of the US Patent Office. Distinctive names are examined, but not common names and place names or descriptive trademarks.
Often, registration refusals are given to TM names that are similar to others and have already been registered for similar products. Otherwise, confusion may arise.
There may be several grounds for registering a TM. It is “already in use” or “there is an intention to use it.” In the first case, registration is easier and faster.
Avoid technical mistakes when forming your registration application. To do this, you need to carefully consider the choice of classification of goods, to the pattern of using TM. Of course, such shortcomings can be corrected already in the process, but you will waste time.
If for some reason you received a refusal to register, you have six months to file an appeal. It is necessary, without wasting time, to analyze the letter, remove errors and send an appeal. In such cases, it is better to get help and support from qualified lawyers.
After you have submitted an application for the registration of a TM, you will need to expect a response within a period from three months to six months. After that, an examination will be carried out, which will show the possibility of registration of your application.
Then, within a period of up to thirty days, your TM is published in an official source and, if this is not followed by appeals from competitors, the monthly stage begins, during which registration is already carried out.
Five years after you have your trademark, you need to send a document to the patent office, in which you indicate that the TM is in use and you want to renew it. The term of validity of a trademark in the United States is ten years, and you can renew it as long as you like.
When registering a TM in the USA, there are fees:
- For the Plus and Standard application. The first application is cheaper and differs in that when it is submitted, goods that have already been approved are added.
- When filing grounds for registration with “intent to use” – a fixed amount for each class.
- For renewal after five and ten years for each class.
Remember that in order to reduce the likelihood of receiving a refusal or opposition from the Patent Office, you should try to avoid mistakes, and it is better to seek help from professionals.