What are Trademarks? How do they work? And what does it mean if you have one? Is there a benefit to having a USA Trademark? Find out here!
Overview:
A trademark is a distinctive sign used by an individual or company to identify its goods and services. It helps consumers distinguish between similar products and services. Companies must register them with the United States Patent and Trademark Office or USA trademark to protect a trademark. Once registered, trademarks have certain legal rights and protections.
The United States Patent and Trademark Office issues federal trademark registrations that cover the entire country (USPTO). In a nutshell, this article explains the system. If certain conditions are met, it is also possible to apply for registration of a mark in the United States via the Madrid Protocol (International Registration) system.
Registering the Trademark in the USA
The United States of America (USA) is a sough aftermarket around the world, and we commend you for considering developing your business there! To begin protecting your brand in the United States, you have to first understand the United States Patent and Trademark Office (USPTO) and how to register your trademark.
Vakilsearch can help Indian businesses seeking trademark registration in the United States through a comprehensive suite of services that provide a speedy and straightforward approach to USA Trademark Registration.
Benefits of U.S. Trademark Registration
Registering your trademark in the US offers several advantages. Firstly, it provides nationwide protection, safeguarding your brand from potential infringement. Additionally, it establishes a legal presumption of your ownership and exclusive rights to use the mark in connection with your goods or services. This recognition enhances your brand’s credibility and helps prevent others from using a similar mark.
Who Can Apply for USA Trademark Registration?
Any individual or business entity, regardless of their nationality, can apply for US trademark registration. This means that as an Indian entrepreneur, you can protect your brand identity in the American market by filing an application with the United States Patent and Trademark Office (USPTO).
Eligibility Criteria for USA Trademark Registration for Indian
To be eligible for USA Trademark Registration, you need to ensure that your mark meets certain requirements. It should be distinctive, non-generic, and unlikely to cause confusion with existing trademarks. The USPTO examines applications based on these criteria, so it’s crucial to conduct a thorough search to ensure your mark is unique.
United States Patent and Trademark Office (USPTO)
The USPTO is the federal agency responsible for administering trademark registrations in the United States. They maintain a database of registered trademarks and handle the examination process for new applications. Understanding the role of the USPTO and its procedures is essential for a successful trademark registration process.
The Law governing the USA Trademark Registration
Trademark registration in the US is governed by the Lanham Act, which provides the legal framework for trademarks, service marks, and trade names. Familiarizing yourself with the key provisions of this law will help you navigate the registration process and protect your brand effectively.
USA Trademark Classes for Goods and Services
The USPTO uses a classification system known as the “Trademark ID Manual” to categorize goods and services. It’s crucial to identify the appropriate class(es) that correspond to your products or services when filing a trademark application. This ensures that your mark is registered in the correct class(es) and provides comprehensive protection.
Types of Trademark Registration in the USA
In the US, there are different types of trademark registrations available, including standard character marks, stylized/design marks, collective marks, and certification marks. Understanding the distinctions between these types will help you choose the most suitable registration for your brand.
Validity of a USA Trademark Registration
A trademark registration in the US remains valid as long as you continue to use the mark in commerce and file the necessary maintenance documents with the USPTO. It’s crucial to monitor your registration and adhere to renewal requirements to ensure perpetual protection for your brand.
Documents Required for USA Trademark Registration
When applying for US trademark registration, you need to submit specific documents, including a completed application form, a specimen showing the mark in use, and the required filing fees. For help familiarizing yourself with the necessary documentation to streamline the application process, get in touch with the experts at Vakilsearch.
USA Trademark Registration Process
The USA Trademark Registration process involves several steps, including conducting a comprehensive search, preparing and filing the application, responding to any office actions or objections, and ultimately securing the registration. Understanding each stage will help you navigate the process smoothly.
To know more about the exact nature of the process involved, reach out to our experts at your convenience. Our experts will work with you and get your trademark registered in no time!
USA Trademark Search
Before using a mark in the United States, as in most other countries, it is best to conduct appropriate searches for registered, pending, or in-use similar marks. We can assist you with this procedure.
How Do I Apply for USA Trademark Registration?
Applications must be filed in English with the USPTO. To Apply for Registration, the applicant must have one of the following:
- Actual use, i.e., the mark is already in use in the United States
- Intention to use, i.e. there is a genuine intention to use the mark in the United States
- A home registration or application – an application or registration for the same mark in their ‘country of origin’ (If the application is made on this basis, the applicant must also have an ‘intention to use the mark.)
N.B.
- Applicants may claim more than one application basis, but they cannot claim both 1 and 2 for the same goods/services.
The Term ‘Country Of Origin’ refers to either:
- The country in which the applicant has a genuine and effective industrial or commercial establishment.
- The applicant’s country of domicile.
- The country in which the applicant is a national.
If the US application is based on a home application, it must be filed within six months of the home application.
What Can be Applied for USA Trademark?
Any sign that has the potential to distinguish between goods or services is registrable. This includes the shape of the product, its packaging, and its color markings.
A single application can claim multiple classes of goods or services, but there is a fee for each class claimed. The International (Nice) classification system is used. Still, the USPTO requires the use of precise terms, such as “clothing”: specific items of clothing must be listed.
Examination and search
- The USPTO considers applications on absolute and relative grounds.
Absolute Foundations
Examples of unacceptable marks include:
- Characteristics (unless they have become distinctive through use)
- Shapes resulting from the nature of the goods
- Marks that have the potential to mislead the public about their nature, quality, or geographical origin
- Marks are words or logos used in commerce to identify specific goods or services
- Common surnames
- Marks that are immoral or scandalous.
Relative Grounds
Suppose the mark applied for is so similar to another’s mark that it is likely to cause confusion, mistake, or deception. In that case, the Office will file an objection. It will only look for registered trademarks and pending trademark applications.
Opposition
If the application passes the examination stage, it is published in the Official Gazette. It is open to third-party opposition for 30 days.
Any party who believes that the mark’s registration will cause them harm may file an opposition. For example, the owner of prior rights to a similar mark may file an opposition on relative grounds (whether such rights were acquired simply through registration or through use). The opposition may also be filed on absolute grounds, such as if the registration would prevent the lawful use of a descriptive term.
Notice of Allowance
If no opposition is filed (or if the opposition is defeated), the USPTO issues a ‘Notice of Allowance.’ An applicant who filed on the basis of ‘actual use’ will have produced proof of that use by this time, and the mark will be registered. An applicant who filed on the basis of ‘intent to use’ will then have six months (potentially up to 30 months) to provide proof of use of the goods and services claimed. The mark is registered once that proof is provided. An applicant who filed on the basis of a home application or registration does not need to provide proof of use as long as they provide proof of mark registration in their ‘home’ country. The trademark will then be registered.
Renewal
Every ten years, registered marks must be renewed; at the time of renewal, use must be proven, or an acceptable reason for non-use must be provided.
Use
Between the fifth and sixth years following the registration date, the proprietor must file a Declaration stating that the mark is in use or provide an acceptable reason for non-use. If a registered mark is not used for more than three years, the registration may be cancelled by a third party.
A proprietor can file a declaration of incontestability after a registered mark has been continuously used for at least five years. This is recommended because, with a few exceptions, it has the potential to provide:
- Conclusive proof of ownership and exclusive right to use this mark
- Prior use or descriptiveness provides immunity from attack.
It should be noted that, while the USPTO only performs a formalities check on such claims, it is ultimately up to the courts to determine whether or not the mark is incontestable.
Assignment
Only the associated goodwill in the mark can be assigned with US trademark rights.
Unless the earlier assignee records the assignment with the USPTO, an assignment is a void against a subsequent good faith purchaser of a mark.
Common law
Trademark rights can be enforced in the United States under common law traditions, just as they can in the United Kingdom. Such rights are acquired simply by using a mark, but they are frequently difficult and expensive to enforce. They are limited to the geographical area where the mark is used.
We strongly advise you to seek registration of your marks – https://www.uspto.gov/
State trademarks
Each state in the US has its own trademark legislation and grants registrations covering just its own state. In general, these are mainly of relevance to US trademark owners having a local interest. However, they need to be taken into account when deciding if a mark can be used in a given state.
Read More:-
FAQs
How can I register a trademark in USA?
In a competitive business landscape, safeguarding your brand identity is crucial for long-term success. Registering your trademarks in the US provides valuable protection and legal rights, helping you establish a strong presence in the American market. At Zolvit (formerly Vakilsearch), we specialize in USA Trademark Registration services, assisting Indian businesses in navigating the registration process with expertise and efficiency. Contact us today to protect your brand and ensure its recognition in the US market.
Is US trademark valid in India?
No, a US trademarks is only valid in the US.
How can I register my trademark in USA from India?
With the help of Vakilsearch experts you can trademark your brand identity in the US from the confort of your home in India itself.
How much does a trademarks cost USA?
Trademarking charges vary between 250 to $350 for each class of goods or services.
What is the most expensive trademark?
The most valuable trademarks in the world are those of Google, Microsoft, Apple, Coca Cola, Mc Donalds. This list is however not exhaustive.
How much does it cost to get trademarks in India?
The trademarks Filing official fees cost is INR 4500/- for an individual applicant in India, the filing fee goes up for corporations and is multiplied between on the number of classes it is being claimed for.
Who is eligible for a trademark?
Any individual or entity engaged in commerce, including non-US citizens, can be eligible for a trademark in the United States.
Can a non US citizen file a trademark?
Yes, non-US citizens can file a trademark application with the USPTO. However, there are a few additional requirements for non-US applicants. If you wish to know more about these get in touch with our experts.
Is USA first to file trademark?
US Trademark - No, the US operates on a first-to-use basis, meaning that trademark rights are typically granted to the first party to use a mark in commerce, rather than the first to apply.
