Last year, the US Patent and Trademarks Office provided a set of guidelines to trademark applicants on how domain names can be registered as trademarks.
Register Your Trademark in the United States: The entrepreneurial culture is growing massively across the globe. As per the statistics provided by WIPO (World Intellectual Property Organization), over four million registrations for trademarks are made every year globally. With the whopping number of registrations, it is no less than a roller coaster ride to maintain the presence of your business in the market along with its protection.
For the protection and establishment of the business, trademark registration comes in as a valuable asset. The process of registration of trademarks is the easiest in the US, one of the significant reasons being that it provides the most substantial grounds for international registrations as well.
Vakilsearch‘s free trademark search tool helps you to check trademark availability before you begin the registration process.
Points to Be Considered Before Registration of the Trademark
To set up strong grounds for the business, every entrepreneur must keep into consideration the following points while registering the trademark in the United States. These include:
- Register in the US: Through the USPTO (The United States Patent and Trademark Office), the process of registration can be completed online in a few quick and easy steps.
- Get proper knowledge of registration: Before expanding your ventures at the international levels, understand how the registration follows and the rules to be considered, and their relations to the US Trademark Registration
- Madrid System: You need not register the trademark separately in each country to expand the business. The perfect solution is the Madrid System, maintained and monitored by WIPO (World Intellectual Property Organization), Geneva, Switzerland.
- Under this agreement, a single application has to be submitted for getting the trademark registered in the coalition of countries. A total of 113 countries are a part of the Madrid Agreement, including the significant economies, namely China, the European Union, France, and others.
- The application of the MM2 form has to be submitted on the WIPO website. After this, the hard copy of the form has to be submitted to the US office.
- Hiring attorney: In the case of countries that are not a part of the Madrid Agreement, an attorney must be hired to get the trademark registration done. These countries include Canada, Saudi Arabia, and others.
- Foreign Translations: While choosing the trademark and slogans, keep in mind its translation into various languages, in a way that it should not be offending other countries, legally or personally.
- International registrations: Apart from the Madrid system, another way of international registrations is through TEAS (Trademark Electronic Application System).
Filing of the Trademark In the United States
The filing of the trademark application in the US is considered one of the easiest due to the following reasons:
- It makes international trademark registration processes easier.
- The US trademark registration can be done quickly online at the USPTO, and even with other systems including WIPO, the Madrid System and TEAS.
- As per the records, about 85% of the trademark registrations are done online, justifying the statement as mentioned above.
Basis and Documents Required for Trademark Application Filing
The trademark registration application is filed on mainly two basis, including:
- Use-based: The trademark is being used during the application process.
- Intent to use: The trademark will be used once the process is completed.
The documents to be submitted while applying for registration are as follows:
- Applicant’s details
- In the case of a company, submission of legal entities
- Country for the incorporation of a trademark
- Filing basis (as mentioned above)
- Specimen of the trademark
- In the case of a country where English is not used, the foreign translation has to be submitted
- Fees for registration
After filing the documents and application, the process is completed further. The total duration of the complete process is 9-12, in case the attorney raises no objections. Further, this trademark registration is valid for ten years.
As such, the US application system is considered to be most accessible due to the flexibility it offers along with the supportive grounds it provides for registration across the globe.
Frequently Asked Questions (FAQs)
Q1: Who can register for a trademark?
Any individual, company, LLP or business among others can get their trademark registered.
Q2: Is it mandatory to get the trademark registered?
No, it is solely the choice of the individual/company.
Q3: What are the fees for registration of a trademark?
For state trademark registration, the price range is between $100-$200. For federal registration providing nationwide accessibility, the price range is between $275-$375.
Q4: What purpose does a trademark serve?
It creates a brand/company image. Trademark is a sign of quality and trust. It represents the type of goods/services the company offers.
Q5: What is the significant benefit of trademark registration?
The significant benefit offered by trademark registration is that it provides legal protection and provision to the brand. Additionally, it provides exclusive rights to use the mark anytime and anywhere as per the will of the brand owner.