Intellectual PropertyTrademarks

Trademark Registration in USA

If you’re planning an expansion into the USA, there is one thing you must do right away, which is to register your trademark in the United States to ensure that your brand is protected as you embrace the power of globalization.

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Is Trademark Registration in India Valid in the USA?

Brand protection is territorial, meaning it only applies within the borders of the country where the trademark is registered. Businesses wishing to extend their operations overseas must ensure that their trademarks are shielded in the countries where they plan to expand as well. Therefore a trademark registration in India is not valid in the USA.

If you are an Indian corporation filing for a trademark in the United States, you must first register your trademark in India. This is because you will be seeking a US trademark registration based on your Indian trademark registration.

Trademark registration in the US is valid for ten years.

Trademark Registration in the USA: Role of USPTO

The United States of America has both federal and state trademark laws, as well as a centralised regulating institution known as the United States Patent and Trademark Office (USPTO).

The United States Patent and Trademark Office (USPTO) is a U.S. Department of Commerce that is a largely fee-funded organisation. Likewise, the USPTO is responsible for granting patents to protect inventions as well as registering trademarks and service marks for products and services.

  • For state-wise trademark registration in the US, the fee range is between $100-$200
  • For federal trademark registration which provides for nationwide accessibility, the fee range is between $275-$375


Trademark Registration in the USA: Documents Required

The following is a list of details and papers that must be provided for trademark registration in the United States:

  • The applicant’s name, address, and signature, as well as the entity type
  • The category of goods and services for which the trademark is registered
  • The legal grounds for filing
  • The logo/trademark that must be registered as a sketch or a digital picture
  • The trademark’s description and specifics
  • Application fees
The total duration of the trademark registration process in the US is 9-12 months, in case there are no objections raised. If there are objections, it might take even longer. 

Trademark Registration in the USA: Madrid Protocol

If you wish to expand your business across multiple nations, but cringe at the tedious task of registering your trademark in each nation separately. Moreover, the Madrid System, which is maintained and regulated by WIPO (World Intellectual Property Organization) in Geneva, Switzerland, is the ideal option for you.

A single application must be submitted to acquire a trademark registered in the coalition of countries under this agreement.  Further, to obtain trademark registration in US through this protocol the MM2 form application must be submitted through the WIPO website. After that, the paperwork must be sent in hard copy to the US trademark office.

The Madrid Agreement includes a total of 113 countries, including major economies such as China, the European Union, France, and others.

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