Trademark registration in the U.S.A

Nowadays we face a market characterized by globalization and strong competition. Thanks also to the advent of the Internet, a trademark can be easily abused and counterfeited. In order to protect the intellectual property and the corporate image of a company is essential to guarantee total safety to the distinctive sign through a trademark action, so that nobody can use it without permission or against their interests.

Trademark registration in the U.S.A: why choosing Protectia?

• We guarantee, thanks to our team of highly skilled professionals, support and personalized legal advice service throughout all the process of trademark registration.
• Viability study of a trademark in the United States: one of the preliminary steps to be fulfilled before starting the procedure for trademark registration is to ensure the uniqueness of the distinguishing sign proposed. That is why, thanks to sophisticated databases consultation, in Protectia we offer our clients a careful viability study of the trademark, free of charges, in order to detect possible cases of priority or any record regarding similar or existing trademarks. If any prior right is detected, we also provide advice on other viable solutions, for example by finding more attractive denominations and therefore more profitable.
• Trademark classification: a correct classification is the key to good registration. Trademarks are protected for one or more goods and services. For their distinction is used the Nice international classification, in which are distinguished all existing goods and services. In Protectia, among other complimentary advice services, we also include the trademark classification.

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Trademark registration in the U.S.A: the process

The authority which has the power, among others, to process and granting the trademark in the United States is the United States Patent and Trademark Office (USPTO), upon payment of a non-refundable governmental fee in case of denial.

Generally the applicant, after submitting his application, shall receive a filing receipt almost immediately. However, the average time of granting depends on the legal issues that may arise during the review of the application; usually lasts between six months and one year.

A trademark registration in the United States is valid for 10 years.

The process of registering trademarks in the United States in general is very similar to the procedure followed in Spain: the trademark is submitted to the Patent and Trademark Office (USPTO), then the application passes a formal examination, and finally is published in the official gazette (Official Gazette, OG) for third parties may file oppositions.

In case no oppositions are filed, the trademark is granted for a 10 years period.

Trademark registration in the U.S.A: different types of process dependind on the use of the trademark

The process of a trademark registration in the U.S gives the use a special importance as part of such process. There are three types of different registration process based on the use of the trademark:

The first is the one of trademark in use at the date of filing the application (“use in commerce”). 

• In this case, proof of use must be submitted at the same time as the trademark application. This type of process is a commitment to the right of trademark’s common law that does not require an administrative registration in order to exist, but is born by concrete use in the market.

The second one is the trademark that shall be used in commerce (“intent to use”).

• The declaration of use must be filed once the registration process is complete. This proof of use is performed through the presentation of one or various documents- usually photographic- of the trademark label to identify all goods or services indicated at the moment of filing the application, so it will be necessary to demonstrate the use of its trademark in products, packages, labels and other marketing mediums. If this proof is not presented within a period of two years from the moment of the application (six months extendable by three equal periods), the trademark shall be considered abandoned. Each good and each service has its own casuistry to establish what is or is not admissible as evidence of use.

Finally, there is the possibility to file an application for a trademark in the U.S.A based on a prior trademark existing elsewhere, or on a trademark registered under the Madrid Protocol:

• In this case it will not be necessary to provide proof of use, although it will be necessary to provide the certificate of registration of the previous granted trademark.

Trademark registration in the United States: advices

Usually, starting any type of business bring the inclination to focus the importance on advertising and marketing actions before to register the trademark, which could bring negative consequences. Therefore, the first action should be the trademark registration.

Our agency, through a rigorous advising service, will be your perfect key partner for being highly specialized in the trademark registration service.
An agency such as Protectia, which has a deep experience in the field and also legal representatives to register a trademark in the United States, is the ideal choice in order to manage and carry out in total safety a proper trademark registration service.