USA Trademark and its Registration: The complete procedure

Last Updated at: Dec 23, 2020
How one can register for a trademark in the USA_
In May, 2020, The United States Patent and Trademark Office (USPTO) announced time extensions to file certain patent and trademark-related documents and to pay certain required fees. These actions are an exercise of temporary authority provided to the USPTO by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27. 



Your brand’s identity may be captured by a symbol, word, number, or even a mix of colours. This identity is protected through a ‘Trademark Registration’ with the Ministry of Commerce and Industry, Govt. of India. Trademark Registration establishes strong brand identity and you gain popularity among your consumers. 

Points to be considered before registration of the USA trademark:

Owing to the benefits it offers, it is always better to get a trademark registered. Before getting the registration done, consider the following points:

  1. First and foremost, check whether the trademark you want to register for is already taken or not. This can be checked through the TESS (Trademark Electronic Search System) database. 

2. If the trademark is available, then finalise the design. It can be of three formats:

    • Texts
    • Symbols
    • Symbols and texts both

3. Next, select the category of the products/services you wish to offer and cater to the customers.

4. After this, the basis for filing has to be selected. There are various terms for each basis, depending on which it is chosen for the brand/business. This is of four types:

    • Actual use
    • Intent to use
    • Foreign registration
    • Foreign application

5. In case you are not based in the US and want to get your trademark registered, you have to be represented by a lawyer to get the licensed trademark. The lawyer must have practised law in the US itself.

6. On the other hand, if you are based in the US, you can apply directly without seeking the support of any lawyer. 

7. Do not add any domain extensions to the USA trademark to prevent others from copying the name, just by changing the format of extension.

The procedure for registering the trademark

The registration procedure is quite simplified and can be done easily through the following procedure:

  • Firstly, the application has to be filed online. This can be done on the TEAS (Trademark Electronic Application System). 
  • Once all the information is submitted, it becomes a part of the public record and cannot be changed. 
  • It takes about six months for the application to be approved ultimately. After the filing, the application is put into process for examination by the trademark office. 
  • Once the application is filed, you must check it regularly through the TSDR (Trademark Status and Document Retrieval). 
  • After the USPTO reviews the application, it is then forwarded for further checking to the examining officers. They check whether all the details are filled as per the rules and requirements by the applicant. 
USA Trademark registration
  • Further, the fees also need to be submitted, the amount of which depends on the class. The range of the fees is between $275-$400. If any request for the extension of time is made, then, additional fees need to be paid. 
  • In case, any default is found in the application submitted, the examining office issues an office action (letter), under which the corrections have to be made within the specified time.
  • If the application is not corrected within six months, it will be rejected by the attorney. 
  • Once all the procedures are completed from the attorney’s side without any objections, the trademark of your brand/company is published in the “official gazette” of the USPTO.
  • After the publication, a time of 30 days is given to the opposition or competitive brands to raise objections regarding copying or any other complaints.
  • Once completed, the trademark enters into the final phase of registration, in which the intent of the use of the trademark is checked, and the procedure is then finally completed. 
  • After this, the brand is allowed to use the trademark symbol freely.

This registration of the trademark is valid for ten years. However, the only drawback of the trademark registration is that it is limited within boundaries. To get the registration for the brand done across various countries and regions, registrations have to be done in the respective countries as per their rules and requirements.

How to register a Trademark online with Vakilsearch                       

Registering your trademark is quick, easy, and can be done online in India. Get it done now with Vakilsearch to give your brand a unique identity. 

  1. Trademark Search – We conduct a thorough search of the Trademark directory.
  2. Discussion on Class – We identify for you one or more classes to which your goods or services belong.
  3. Regular Updates – Indeed, we keep you updated at every stage of your trademark registration process and help you get the entire process done. 


If proper documents and details are there, registering a trademark is quite easy and simple. We keep a track on the application status once it is in process, to avoid missing the dates of filing any details.

To know more about US Trademark: Click here

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Senior Executive - Content in Vakilsearch