Trademark in US |

Trademark in US

Intellectual property has become a crucial asset that should be registered in the modern corporate environment. A trademark is defined by the trademark law in the USA (United States of America) as a symbol, word, name, or phrase that identifies the source of goods and services. The “Lanham Act” sets the rules for American trademark law. Via trademarks, copyrights, and patents, which enable their owner to profit financially or enjoy recognition for what they have created, intellectual property is legally protected.

Overview

USPTO oversees trademark registration in the USA and its government administration (the United States Patent and Trademark Office). In addition, all states provide a "Local Trademark Registration Process" for companies operating in a small geographic area who do not need the added security provided by federal registration. The Trademark Act of 1946, commonly referred to as the "Lanham Act," provides for legal trademark registration in the United States.
In the USA, the Federal Registration System offers a variety of registration choices to suit different requirements and circumstances. The most important benchmark for success is trademark registration on the "Principle Registry," which provides the greatest degree of brand protection in the United States of America. Brands that are unable to get federal registration on the Main Register might find some protection on the Supplementary Register. There are various instances when the marks that are mainly suitable for Supplementary Register may afterwards qualify for Principal Register.

Charges :-

For state trademark registration, the price range is between $100-$200
For federal registration providing nationwide accessibility, the price range is between $275-$375

Documents Required for Filing Trademark in the USA :-

The documents to be submitted while applying for registration are as follows:
Applicant’s details
In the case of a company, details of the legal entity
Country for the incorporation
In case the trademark is already in use, then proof of usage
Specimen of the trademark
In the case of a country where English is not used, the foreign translation has to be submitted
Fees for registration

The total duration of the process is 9-12 months, in case there are no objections raised. If there are objections, it might take longer.

Trademark registration online is valid for ten years.

Benefits Offered by the USA Trademark Registration :-

The list of benefits includes:
Visit https://www.uspto.gov/trademarks to learn more.
Legal recognition: The legal security and representation that the company receives via the trademark is one of the key advantages.
Fines and losses: If your business has a registered trademark, others cannot imitate it. If they do duplicate it and violate your rights, you may file a lawsuit against them to recover damages as well as any money they gained while using your trademark. If your trademark is not registered, it becomes exceedingly difficult to file a lawsuit for infringement.
State law and federal protection: You may either register your trademark with the federal government to have it protected nationally or have it protected under state law in a particular US state.
Business expansion: Once the trademark is registered, it is simpler to grow the company internationally. Examples of brands that have achieved worldwide recognition and registration include Nike, Aeropostale, McDonald's, and many more. The Madrid system may be used to do this.
Exclusive rights: Upon registration, the person or business has exclusive rights to the mark and is free to use it whenever they like, without fear of legal repercussions.
Process:-

Step 1: Trademark Search: Doing a trademark search is the first and most crucial step in trademark registration in the USA. You must make sure that the trademark application you submit is accurate and distinctive. A trademark search may be conducted using letters, numbers, phrases, photos, designs, etc. A report including an evaluation of a trademark register's capacity and the likelihood of conflict with previously registered trademarks will be sent to the applicant.
Step 2: Trademark Application: After the completion of your trademark search, you must prepare your application for trademark registration in the USA's continental territory. The total cost includes both government and legal expenditures, including any resistance or rejection.
Step 3: Acceptance of Trademark Application: After completing your application and submitting all required paperwork, you must submit it to the trademark authority. The authorities will next review the trademark application and consider its exclusivity or originality. The process for approval or rejection takes a few months.
The trademark is published in the Trademark Journal when your trademark application has been accepted, which is step four. The applicant will get a Notice of Publication with a list of the publication's specifics.
Step 5: Issue of Trademark Registration Certificate: After the resolution of all issues and oppositions, the USPTO (United States Patent and Trademark Office) will issue a Registration Certificate for a Notice of Approval for applications requesting the right to use a trademark.

Requirement for Renewal Process :-

You will get updates on all the paperwork and renewal procedures from a UN agency representative. Make sure your trademark is protected by checking. You must provide the owner's associate degree in order for them to sign the registration certificate as an agent with the Associate in Nursing designation.
To avoid delays, you should deposit the costs.
You also need a letter of recommendation from a legal colleague and identification or address evidence.
No matter what appears, you should always supply the right along with the original certificate of registration in addition to the photocopy.

FAQ :-

1. How does trademark work in USA?
A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.
2. Can a non US citizen file a trademark?
If you are foreign-domiciled, you are required to use a U.S.-licensed attorney to file your trademark-related submissions with the USPTO. This requirement also applies to all Canadian applicants, registrants, and parties. Find out more information about how to hire a U.S.-licensed trademark attorney.
3. Is trademark registration mandatory in USA?
You are not required to register your trademark, but where or whether you decide to register your trademark can determine the scope of your rights. Specifically, you can rely on common law rights or file for state, federal, or international trademark registration.
4. How long does it take to trademark a name in USA?
Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

5. Can I trademark my full name?
Because personal names fall into a trademark category known as “descriptive” marks, you usually can't register your name as a trademark unless you can also show that it has “secondary meaning,,” which is usually acquired through advertising or long use.

6. Can you trademark a color?
Note that you cannot "own" a color for all purposes. Federal courts ordinarily hold that a brand can trademark a color only for a discrete use. For example, in 2012, the famous shoemaker Christian Louboutin won a lawsuit over competitor Yves Saint Laurent over the use of red soles on women's shoes.

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Overview
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Documents Required for Filing Trademark in the USA
Benefits Offered by the USA Trademark Registration
Requirement for Renewal Process
FAQ
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Trademark in US

Overview

Charges :-

For state trademark registration, the price range is between $100-$200 For federal registration providing nationwide accessibility, the price range is between $275-$375

Documents Required for Filing Trademark in the USA :-

Benefits Offered by the USA Trademark Registration :-

Requirement for Renewal Process :-

FAQ :-

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For state trademark registration, the price range is between $100-$200
For federal registration providing nationwide accessibility, the price range is between $275-$375