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Registration of trademarks in the United States is the responsibility of the USPTO (United States Patent and Trademark Office). This organization will give you a country certificate of the mark for goods and services. According to regulations, both an individual and a legal entity, regardless of its country of registration may apply for and obtain registration of a trademark in the United States. It can be both a resident and a non-resident. Registration is not required, of course, but it's a great opportunity to protect your business from attacks of enemies. You can obtain a certificate within 12 months.
As in other countries, you need to start the procedure from search among registered designations. This search gives confidence in the positive outcome of the procedure, i.e. trademark registration in the United States. At our website, we have developed an online search system providing a preliminary assessment of patentability of the desired designation. Also, we recommend ordering a full, professional search to be performed by our experts for you. After check, we will prepare recommendations for amending the application or obtain assurance in designation eligibility.
An important aspect of the trademark registration in the United States is a duty to use the registered trademark continuously for all claimed classes of goods and services. On the fifth year of the certificate validity, the TM owner shall submit a Declaration of Use or an explanation of the reasons for non-use (Excusable Nonuse)
Also, the United States laws require the applicant to have a basis for registration. It can be:
- Use in commerce. As the name implies, this point is based on the fact that the mark is already being used in the country. For example, you manufacture products or sell goods under this brand already.
- Intent to use. This basis says that you intend to use the designation after its registration. In this case, the TM owner shall provide a proof of the trademark use within 6 months after receipt of the certificate.
- Application on the basis of the Paris Convention. Such a basis is intended for those who filed a foreign application. The term for filing an application with the United States on such a basis is 6 months.
- Foreign registration. Such a basis is acceptable if the trademark is registered in another state.
- The Madrid system. This basis is applicable to the trademarks registered under the Madrid System and requiring protection in the United States.
Our company has many years of experience in registration of trademarks in the United States, we will help you properly apply for and obtain the right to the designation.