Trademark Registration United States

Registration is handled by the United States Patent and Trademark Office (USPTO).

What types of trademarks can you register for your company?

• Words
• Names
• Symbols
• Sounds
• Designs that identify your goods or services.

"Use in commerce" requirement

• The trademark must be used in the sale or transport of goods/services that affect interstate or foreign commerce.
• The use must be genuine, not merely token or symbolic.
• You may file based on "Intent to Use" (ITU) if you plan to use the mark in the future, but proof of actual use is required before final registration.

Registration process (Average 12–18 months)

Application: Submit your application with applicant details, the trademark format, classification of goods/services (using the Nice Classification and USPTO ID Manual), and the filing basis.

Examination: A USPTO examining attorney will review the application. If there are issues, they will issue an Office Action, to which you must respond within 3 months (or 6 months for Madrid Protocol applications, with no extensions).

Publication & Opposition: If approved, the mark is published in the Trademark Official Gazette (TMOG) for 30 days, during which third parties may file an opposition with the Trademark Trial and Appeal Board (TTAB).

Registration: If there is no opposition or it is resolved in your favor, the trademark is registered, with protection retroactive to the filing date.

Madrid System U.S. Membership:

• The U.S. is a member of the Madrid Protocol, allowing U.S. applicants to seek protection in multiple countries through a single international application via WIPO.

Benefits: Convenience, cost-efficiency, and centralized management.

Challenges:

• “Central Attack” risk: If the U.S. base application/registration is canceled, the international registration may also be canceled.
• Local Legal Representation: A local attorney may be required in designated countries if objections arise.

Requirements for foreign applicants

Attorney Requirement: Since August 2019, all trademark applicants and owners domiciled outside the U.S. (including Canadians) must be represented by a U.S.-licensed attorney for all USPTO proceedings.

Requirements to Use USPTO as Office of Origin (Madrid):

• You must have a pending U.S. application or registration as the base.
• You must be a U.S. national, have a U.S. domicile, or a real and effective industrial or commercial establishment in the U.S

Post-Registration Maintenance

• You must periodically file declarations of use and renewal applications to keep the registration active.
• Failure to do so will result in cancellation.
• Ongoing market monitoring is essential, as the USPTO does not enforce trademark rights—that responsibility lies with the owner.

You can start the registration of your brand in United States without the need to register as a User, then our assistants will register your customer account, write to us through the consultation form.

Do you need to register your trademark in another country?

We also offer trademark registration services in these international markets:

• Trademark Registration in Mexico
• Trademark Registration in Argentina
• Trademark Registration in Peru

Start registering your trademark online today, sign up!

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