What does the trademark registration process in the usa look like?
In the United States you actually have two trademark registers. These are the principal register and the supplemental register. The principal register is for inherently distinctive trademarks. After all, brands can become incontestable after five years.
The supplemental register is for trademarks that can become distinctive due to the use of it. These trademarks are not incontestable.
If a brand is not distinctive, you can opt for registration in the supplemental register. After five years, you can then register in the principal register based on this registration and use. The opposite is only possible in the principal register.
If you have an entry in the supplemental register, you may also use the trademark symbol and you do not need intention to use.
The trademark registration process in the USA has six steps. These steps of the process are:
Trademark registration online
What are the costs of your trademark registration in the USA?
The trademark registration fees in USA are made up of fees and the costs of a trademark attorney. The costs of trademark registration in the USA can be found below:
More classes possible
10 years of protection
Renewal always possible
What are the requirements for trademark registration in the USA?
- Name applicant
- Address for correspondence (local)
- Clear image of the brand
- List of goods and/or services
- Official fees (for at least 1 class)
There is also the possibility to submit a collective brand. The same requirements apply as for the individual brand, plus the explanation of the relationship to the applicant and how the use will be monitored.
Finally, the United States has a certification mark. The requirements of the individual brand also apply here, plus:
- Conditions for use
- Supervision by trademark owner
- No use by trademark owner
However, it is important to note that a certification trademark may not be registered as an individual or collective mark.
After meeting the requirements for obtaining a registration date, you also want to me
How do trademark registration laws work in the USA?
In most other countries there is an attributive system, where you do not get any rights through use, but you only receive this card when you register a trademark.
When is there proper trademark use?
Adjective – use as an adjective
Consistent – in a consistent manner
Identify – identify as a trademark
Distinctive – Depict the mark in such a way that it stands out from the surrounding text
The use must also be inter-state. This means that use in one state is not enough.
What can you register as a trademark in the USA?
What’s special is the possibility of registration of interior and exterior. For example, Apple stores are protected as trademarks. Recording motion as a brand is also possible in the US.
Capturing names is more difficult. For example, only a last name can never be a brand and a first name and last name are only eligible for registration when the name giver is involved. Suppose it is John Doe and John is already deceased, then his company will encounter many difficulties in submitting this company name as a brand.
What is the cheapest way to file a trademark in the US?
Another example is incorrect classification. Headgear, for example, is insufficient according to USPTO. This is more than just caps from class 25, because they can also be safety helmets from class 9.
If you choose the cheapest way to file a trademark in the USA, then you should also know the consequences of signing the ‘intent to use statement’. If you fill in and sign this declaration, but do not use the trademark in that way, there is a chance that other companies will hold you liable on the grounds of bad faith.
Incidentally, a trademark registration in the USA can still be refused when it is used. This happened with a registration for hemp and CBD oil. This did not occur in the description of the goods and the declaration with the intention to use, but came to light when use had to be demonstrated and therefore the brand was refused at that time.