Trademark registration in the USA

In case of planning or conducting a business in the US market, you need to protect your brand and business. Trademark registration in the United States is relevant if you wish to protect your brand name from being used by third parties on the territory of the country. You can submit the appropriate application to the competent authority - United States Patent and Trademark Office (USPTO). However, this option is not very convenient for those residing outside the country. Therefore, the law provides for the possibility to submit such an application online on the department's website.

The cost of trademark registration in the USA

The data is relevant for today 25.04.2019 - 12:56
Country Comprehensive review Registration service Registration certificate Total
Registration of trademark in USA
First class, Word mark OR Logo
85.00 USD
Additional class, Word mark OR Logo
85.00 USD
First class, Word mark AND Logo:
150.00 USD
Additional class, Word mark AND Logo
150.00 USD
First class, Word mark OR Logo
447.00 USD
Additional class, Word mark OR Logo
415.00 USD
First class, Word mark AND Logo
447.00 USD
Additional class, Word mark AND Logo
415.00 USD
First class, Word mark OR Logo
No data
Additional class, Word mark OR Logo
No data
First class, Word mark AND Logo
No data
Additional class, Word mark AND Logo
No data
First class, Word mark OR Logo532.00 USD
Additional class, Word mark OR Logo500.00 USD
First class, Word mark AND Logo597.00 USD
Additional class, Word mark AND Logo565.00 USD

PHASES OF WORK

Step 1
Free Consultation *
During the free consultation, our experts will assist you in selecting the most optimal class under the ICGS
Step 2
Preliminary Check
Our lawyers will carry out an expert assessment of the emblem/logo/TM, ensuring it complies with the requirements of the selected jurisdiction and the degree of resemblance with already registered TM
Step 3
Payment
You can agree with us on the most convenient payment method
Step 6
Obtaining a Certificate
On request, the certificate of registration can be delivered to you via courier service
Step 5
Registration
The registrar reviews the application and attached documents; the procedure can be done without the client necessarily being present
Step 4
Submission of Documents
After completing a power of attorney, our specialists collect, arrange the necessary documents (including statement of use) and submit the application for trademark registration

*solely regarding the registration of the means of individualization (trademark/service mark)

Intellectual property law practice in figures

years in business
countries for registration of TM
clients
registered TM and patents

What is the difference between a trademark registration in the United States and other jurisdictions?

Trademark registration in the United States differs from other jurisdictions in the following features:

  1. 1. Certificate validity. In the US, the period of validity begins from the date when TM is registered. In other jurisdictions, this period begins on the date when the application is submitted to the relevant authority.
  2. 2. The basis for TM registration. There is the requirement for the applicant to specify one of the following reasons when submitting documents:
    • Use in commerce - if at the time when the application is submitted the name being registered is already used by the owner in the territory of the country.
    • Intent to Use - if the applicant intends to use the trademark after its registration.
    • According to the procedure of the Paris Convention for the Protection of Industrial Property - if a foreign application has already been filed, but no later than 6 months from the date when the documents were filed in one of the states parties to the Convention.
    • Foreign registration - on the basis of a trademark already registered in a foreign country.
    • International registration under the Madrid Agreement procedure.

The US legislation refuses to register trademarks if they mislead the public, are similar to or resemble to other TMs. Therefore, a preliminary search is relevant among trademarks already registered or accepted for consideration by the USPTO. Such a search should be carried out both in the American Trademark Electronic Search System (TESS) and in the WIPO international database.
It is necessary to pay attention to the classes of the International Classification of Goods and Services (ICGS). If something similar already exists within the class in which you are going to use the designation, registration of such a sign may be rejected. However, registration of a similar designation in another class will not be a reason for refusal. Thus, the use of an apple image by the Nina Ricci brand to designate perfumery products in class 3 (perfumery products) will not violate the rights to the Apple Inc. trademark. in class 9 (information processing equipment and computers, software). Also, when specifying a general description of goods and services, the agency may require a more specific list. For example, specifying ‘Printed materials’ for goods of the 16th class, be prepared to indicate a list of specific goods that you are going to produce (magazines, calendars, newspapers, etc.).

If all of the abovementioned conditions are met, the Office will conduct an examination of the application. If the examination is successful, the trademark information is published in the USPTO Official Gazette.

How long does the registration process take?

If the TM meets all the requirements of the legislation, it will be registered for at least 12 months. After that the owner receives the corresponding certificate valid for 10 years.
The legislation provides for other terms. If you choose Intent to Use as a basis for registration, you must submit a Declaration of Use of the trademark in the USA within 6 months from the date of registration of the TM, or a request to extend the deadline for providing evidence for the reasons of non-use.

What is the cost TM registration in the US?

The exact cost of registration is determined depending on the number of classes within which it is planned to register a trademark in the USA, as well as the application form and other factors. So, filing an electronic application will cost the interested client $ 225-400. The price of paper submission is $ 600.

Lawyers of Law&Trust International have extensive experience in registering trademarks in the US. Our experts will calculate for you the cost of the TM registration in the United States. Contact us by phone number indicated on the site or by e-mail.

Our clients on trademark registration

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