US Trademark Registration Simplified


Your company has endless opportunities to expand in the global market. While you can take your time preparing for an expansion into the US, there is one thing that you have to do immediately. Register your trademark in the US immediately so that your brand is protected when you expand.

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What We Do?

Trademark protection is territorial and exists only within the boundaries of the country for which the trademark has been filed.

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We conduct a thorough search to see if there are any similar marks filed in the US

Step 1

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Our experts collect all the documents required and prepare the application

Step 2

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We take care of all your filings and keep you updated until your trademark is approved

Step 3

Online U.S Trademark Registration - An Overview

A trademark, which protects the brand name of a business, can include a word, symbol, logo, or any combination used to distinguish the respective products and/or services from similar ones in the market.

Trademark protection is territorial and exists only within the boundaries of the country in which the trademark has been filed. Entities looking to expand their business internationally must ensure that their trademark is adequately protected in the respective countries where they intend to start their business.

One of the leading economies on the planet, the United States of America has its own federal law and respective state laws pertaining to trademarks and a centralized governing authority called the United States Patent and Trademark Office (USPTO).

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What Are the Benefits of Registering a US Trademark?

USA Trademark Registration Offers The Following Benefits To The Business:

  • Protects your brand value
  • Global reach
  • Defends against rival marks
  • Builds an asset
  • Prevents counterfeiting and fraud
  • Defines your rights
  • A single registration in one language that is valid in all U.S States
  • Your brand is protected in a market of around 331 million consumers

How to register a trademark in the US

Prior to filing a US trademark application, you must check whether the intended mark is available to register. This can be done through online Trademark search in the USTPO database.

US Trademark search

The USPTO's Trademark Electronic Search System (TESS) database displays all the registered trademarks and pending trademark applications at one place. You can do a free online search to find if there are any existing, identical marks that may likely cause confusion to the proposed mark. To understand how this works, it is important to know:

1. How To Perform A Thorough Us Trademark Search

The applicants can use any of the three search options, namely Basic word mark search, design mark search and combination of word and design mark search by specifying the “Search term”. All the trademarks related to the specified term will be pulled up at once.

2. How To Read The Results

When a particular result is clicked the following details will be displayed:

  • US trademark Serial number
  • Mark type
  • Description
  • Status - whether pending or active
  • Owner’s name, address and entity type
  • Prosecution history
  • Proceedings, if any

The trademark specialists in Vakilsearch will help clients understand the results as well as offer you appropriate advice.

Identification of class

The USPTO has classified all the goods and services under 45 classes, under which the trademarks have to be registered. These classes are also called as NICE classification (NCL). For example, all musical instruments fall under Class 15; Class 14 contains all precious metals and their alloys, precious stones, etc.

The class has to be identified based on the product or service.

Preparing a US Trademark Application

The trademark application must include the following details:

Applicant's Details:

The type of business entity - LLP, Private Limted, or LLC, business name and contact details like email address and mobile number.

Format Of Mark:

The intended mark could of three formats:

Standard Character Format:

This format is when the mark consists of words, letters, numbers or combinations without no specific designs and font styles.

Special Character Format:

If the mark contains any stylized words or numbers in particular typeface, colour and styling as in “Google”, “ebay”, “Kellogg’s” then it would be of special character format.

Sound Mark:

Sound marks are for businesses who want to register their jingles and chimes. For example, Intel’s five-note logo.

Specimen of use

As part of the US trademark registration process, the next step is to provide a specimen of your work, i.e., a drawing of the mark that gives a visual description of how it looks and how well it is connected with the products/services you offer. The specimen must be submitted in supporting documents such as:

Trademark specification

The intended trademark’s specifications must be carefully drafted to include all the products/services your business offers. It should be as per the acceptable entries of the ID Manual of USPTO, which contains the list of acceptable identification of goods and services. If there is already an accurate description of the products or goods and services, that can be used, else the description has to be given in your own words.

Trademark Filing Basis (SEC. 1A, 1B, 44D, 44E)

As per the Trademark Law, the “filing basis” must include on which basis the trademark or service mark has been filed with the USPTO. It could be one or more basis, depending on the requirement.

The Four Bases Are:

Use in Commerce: This basis is if the mark is being used for trade of goods/services across different states and countries or within one state.

Intent to Use: As the name suggests if you “intend” to use the mark in trade and commerce in the near future, maybe within four to five years, it can be filed on this basis.

Foreign Application basis under Section 44(d): If you are looking to register the foreign application that has already been filed within 6 months.

Foreign Registration basis under Section 44(e): If the mark already has a foreign registration, the relevant information along with the certificate has to be submitted.

Filing of US trademark application

Step 1: Filing Of Application

Once the application is prepared with all the essential details, it is filed with the USPTO and an official filing receipt along with the serial number is issued. The real-time status of the filed trademark can be tracked at http://tsdr.uspto.gov/ using the serial number.

Step 2: Trademark Examination

Upon filing the application, within the next three months it will be assigned to the Trademark Examiner or Trademark Attorney, who will investigate the application for substantive grounds of objection (similarity with other marks, etc.).

Step 3: Trademark Office Action

If any informality and/or substantive ground of objection is found during the examination, an Office Action notice will be issued. You have 6 months time period to file a reply to the Office Action and remove the respective informality and/or respond to why the substantive ground of objection must be waived.

Step 4: Publication Of Trademark Action

In the event of no informality and/or objection, or once a response to the Office Action has been filed and the same is duly accepted by the Examiner, your trademark application shall be approved for publication in the respective Trademark Official Gazette. The Gazette lists all the newly published marks renewed and cancelled marks. A prior Notice of Publication shall be issued by the USPTO stating the date of the publication of the trademark application.

Step 5: Trademark Opposition Period

Within 30 days from the date of publication of the trademark application in the Trademark Official Gazette, any third party and other trademark owners may oppose that your mark is similar to their brand and/or may cause commercial or economic harm to them. In such a case, they can also file for an extension of time for a period of maximum 180 days for filing an opposition against the trademark, subject to the approval from the USPTO.

In the event an opposition is filed within 30 days or the extended time period, the respective opposition proceedings shall be initiated.

Step 6: Trademark Registration

If no opposition arises during this period, the USPTO shall issue the Registration Certificate for the trademark, provided the application is not filed on Intent to Use Filing Basic (Sec. 1b). For a trademark application filed on Intent to Use basis, the USPTO shall issue a Notice of Allowance.

If no opposition arises during this period, the USPTO shall issue the Registration Certificate for the trademark, provided the application is not filed on Intent to Use Filing Basic (Sec. 1b). For a trademark application filed on Intent to Use basis, the USPTO shall issue a Notice of Allowance.

If no opposition arises during this period, the USPTO shall issue the Registration Certificate for the trademark, provided the application is not filed on Intent to Use Filing Basic (Sec. 1b). For a trademark application filed on Intent to Use basis, the USPTO shall issue a Notice of Allowance.

US trademark validity:

The trademark once registered shall be valid for a period of 10 years from the date of application

Information/documents Required For US Trademark

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What We Do for You:

  • Conduct a thorough trademark search to check availability.
  • Collect all the necessary information and documents from you.
  • Choose the right categories and classes for registering your trademark under.
  • Ensure the application is filled correctly and filed properly according to the requirements.
  • Once filed we look out for any questions from the USPTO and watch the Trademark Official Gazette, to see if it has been approved.
  • Always keep you informed throughout the process.
  • Get you your certificate of trademark registration.

FAQs on US Trademark Registration Simplified

Why Vakilsearch?

VakilSearch is India’s largest professional platform of lawyers, chartered accountants, and company secretaries-with years of experience behind. We execute legal work for over 1000 companies and LLPs every month, by leveraging our tech capabilities, and the expertise of our team of legal professionals.

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Recent Updates

Pfizer and BioNTech's New Vaccine To Be Branded As ‘Comirnaty’, Pending US trademark Registration.

Dec 23, 2020

The ‘Comirnaty’ brand name, for Pfizer and BioNTech's new Covid-19 vaccine for the US market, is derived from the words ‘Covid-19 immunity’ and has mRNA in the middle which stands for platform technology. The vaccine’s name was meant to generate the feeling of community, as stated by the Brand Institute president of operations and communications - Scott Piergrossi. The brand name is awaiting FDA approval, after which it will be submitted for US trademark registration.

Booking.com Allowed to Trademark the Domain Name

01 July 2020

In a landmark judgement, the US Supreme Court has permitted Booking.com to trademark its domain name.

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