Trademark Registration

Do you run your own business and think about making yourself known in the U.S. market? Do you want to compete among many companies and brands in the U.S. successfully? Would you like to protect your name and brand against illegal use? Then trademark registration in the U.S. is what you need. It does not matter where you are geographically: in Russia, Belarus or any other CIS country; you can register remotely using the qualified assistance of the team of American Corporate Services, Inc.

Specifics of U.S. Trademark Registration

In order to register the right to a trademark for identification of a product and an intellectual resource, you should apply to the United States Patent and Trademark Office. In case of successful registration, you will get a certificate that will entitle you to use the trademark for 10 years and, if necessary, extend it without any limitation of the number of applications.

Not only an American company can be the holder of a trademark in the U.S. Registration is also available to resident and non-resident individuals.

There is a benefit of first use in the U.S. A designation or a logo may be non-registered but already used in commerce by someone, and your application will be rejected if the opponent initiates and wins legal proceedings.

According to the U.S. laws, the following trademarks are not allowed for registration:

• contrary to moral standards;
• descriptive;
• that may misinform consumer;
• with elements of state symbols of the U.S.;
• containing names of countries, flags and international emblems, geographical names and surnames;
• having similarity or identical to trademarks used or registered in the U.S.

The process takes about 10 months, unless there are objections to the application. The certificate is valid not from the date of your application, but from the date of registration of the trademark.

5 years after registration, you must confirm that you are using the trademark in trading and submit a declaration. Non-compliance with this requirement will cancel the registration.

What Opportunities Are Provided by Registration of Your Brand in the U.S.?

The main advantage of official authorization is that no one but you can use the trademark legally for distribution and advertising of products and services. In addition, you will have better conditions for development of your business:

	protection against illegal actions of other persons with respect to your name and logo;
	opportunity to earn from licensing;
	competitive advantage on Amazon with Amazon Brand Registry;
	promotion and increase in the value of the trademark as an intangible asset;
	by registering a trademark, you invest in the future.

What is the Process of Trademark Registration in the U.S.?

The registration process is difficult without knowing legal details and specifics. It consists of many important steps:

	First, you should choose the trademark format: name, logo, a certain color, taste, sound or other special details that would help customers to distinguish your product from others.
	Compiling a list of goods or services provided. The use of a trademark in the U.S. is allowed only with respect to the services and goods specified in the application. Therefore, you should pay attention to completing this item. It is important to note that object are systematized in the application for registration according to the classes of the International Classification of Goods and Services (ICGS), but unlike many countries, here you should describe the goods in details and break the classes down by concepts.
	Trademark identity and similarity search verification in accordance with the U.S. Trademark Electronic Search System (TESS). There is also an international WIPO trademark database for accurate verification.
	Correct choice of the ground for application for trademark registration: intent to use; use in commerce: relevant for those who already use the trademark for trading in the U.S. domestic market. The use can be proven by a website, an advertisement, a brochure with description of goods or services and with the trademark, as well as a label, a tag or packaging; in the form of a foreign application (according to the provisions of the Paris Convention): it can be used when the application has been transferred for registration in one of the contracting countries; using foreign registration: if there is a foreign registration certificate of the right to the trademark; in the format of international registration (according to the Protocol Relating to the Madrid Agreement): it can be used when the trademark is registered in your country and you are planning to start promoting your business in the U.S.
	Sending the application and payment of the established duty.
	Examination proceedings. If the application is drawn up correctly and meets the formal requirements, it will be submitted to expert examination. This stage of registration can last from several months to half a year. During this period, your trademark is checked for identity and similarity with those existing in the database: by sound and graphic similarity, meaning with respect to one class of products and services./td>
	Publication of the trademark with online access in the USPTO Official Gazette if the application passed the examination proceedings without rejection by experts. Within 1 month from the moment of publication, the application is under public review: during this period, any person whose rights are infringed may object to the registration.
	Issuance of a registration certificate if your brand is already present in the U.S. market or if there is a certificate of another country.
	Notice of Allowance, provided that you only intend to use the trademark. Then you should provide evidence of commercial use of the trademark no later than 6 months from the receipt of the notice or apply for an extension. After successful examination proceedings, you will get a certificate. Now your trademark is protected.

It is important to note that throughout the registration process you should monitor your application status through the Trademark Status & Document Retrieval system (TSDR) and respond to the experts’ request in a timely manner.