USA Trademark Registration

About USA Trademark Registration

USA Trademark Registration Services


Welcome to A2Z FINEDGE, your trusted partner for seamless and efficient trademark registration services in the USA. With a team of seasoned professionals, including Chartered Accountants (CAs), Company Secretaries (CSs), Advocates, Lawyers, and MBAs, we ensure that your trademark registration process is smooth, transparent, and tailored to your specific needs. This comprehensive guide outlines the entire process, fees, forms, eligibility, and more for trademark registration in the United States.


What is a Trademark?

A trademark is a unique symbol, name, logo, or design that identifies and distinguishes your goods or services from those of others. Registering your trademark provides exclusive rights, legal protection, and enhances brand value. It ensures that your brand identity is safeguarded against unauthorized use and establishes your credibility in the marketplace.


Benefits of Trademark Registration

  1. Exclusive Ownership Rights:
    • Ensures that no other entity can use a similar mark in commerce for the same goods or services.
  2. Legal Protection:
    • Enables you to take legal action against infringers in federal courts and seek damages.
  3. Market Value:
    • Adds significant value to your business, making it attractive to investors and buyers. Registered trademarks often increase the perceived value of a brand.
  4. Nationwide Recognition:
    • Provides legal protection and exclusive rights across all states in the USA, ensuring consistent branding.
  5. Basis for International Registration:
    • Acts as a foundation for filing international trademarks under the Madrid Protocol, making global expansion easier.
  6. Public Notice:
    • Alerts others to your ownership of the trademark, reducing the likelihood of disputes and infringement.
  7. Deterrence Against Copycats:
    • Prevents unauthorized use of your brand identity and provides grounds for enforcement actions if infringements occur.
  8. Longevity and Security:
    • Trademarks, once registered and maintained, can last indefinitely, offering long-term protection for your brand.
  9. Licensing Opportunities:
    • Allows you to monetize your trademark by licensing it to other businesses while retaining ownership rights.
  10. Trust and Credibility:
    • A registered trademark boosts consumer confidence and reinforces your brand’s authenticity and professionalism.

Who Can Apply for a Trademark in the USA?

Trademark registration in the USA is open to:

  1. Individuals: Entrepreneurs or sole proprietors operating under a specific brand name.
  2. Businesses: Companies, partnerships, or LLCs looking to secure their brand identity.
  3. Non-Residents: Foreign nationals or entities planning to use the trademark in U.S. commerce.
  4. Indian Residents and Companies: Indian citizens and businesses can apply for a U.S. trademark if they have an intent to use the trademark in commerce within the USA or are already exporting goods/services to the U.S. market.

Benefits for Indian Applicants:

  1. Global Expansion: A U.S. trademark enhances credibility and facilitates entry into the lucrative American market.
  2. Legal Protection: Provides protection against infringement within the U.S. jurisdiction.
  3. Brand Recognition: Builds a globally recognized brand identity, crucial for international trade and partnerships.
  4. Enhanced Market Opportunities: Allows Indian businesses to attract U.S.-based customers and investors.

Eligibility Criteria:

  • Current Use: You must provide proof that the trademark is actively used in commerce.
  • Intent to Use: If the mark is not yet in use, the applicant must declare a bona fide intention to use the trademark within a reasonable time.

What Can Be Trademarked?

  1. Names: Business names, product names, or personal names.
  2. Logos: Unique graphic designs or symbols.
  3. Slogans: Catchy phrases associated with your brand.
  4. Sounds: Distinctive audio identifiers.
  5. Colors: Specific color combinations used in branding (if they acquire distinctiveness).
  6. Packaging: Unique designs or shapes of product packaging (trade dress).

Fees for Trademark Registration

The cost of registering a trademark depends on the type of application and the number of classes under which the trademark is filed:

  1. TEAS Plus Application:
    • $250 per class of goods or services.
    • Requires strict adherence to USPTO guidelines and pre-approved descriptions.
  2. TEAS Standard Application:
    • $350 per class of goods or services.
    • Offers more flexibility in describing goods and services.

Additional Costs:

  • Office Action responses.
  • Maintenance filings (Declaration of Use and Renewal).
  • Expedited processing fees.

Forms Required

The following forms are essential for trademark registration:

  1. Trademark Electronic Application System (TEAS): Used for filing initial applications.
  2. Declaration of Use: Required between the 5th and 6th years of registration.
  3. Amendment Forms: To update ownership or make corrections.
  4. Renewal Applications: To renew trademarks after 10 years.

Step-by-Step Process for Trademark Registration

  1. Preliminary Trademark Search:
    • Conduct a thorough search to ensure your trademark is unique and not conflicting with existing trademarks.
    • Filingscenter’s experts use advanced tools to identify potential conflicts and provide a detailed search report.
  2. Choosing the Right Application Type:
    • Select between TEAS Plus or TEAS Standard based on your business needs.
  3. Filing the Application:
    • Submit the application through the USPTO, providing all required details, including:
      • Applicant’s name and address.
      • Trademark specimen.
      • Description of goods or services.
      • Class of goods or services.
  4. USPTO Examination:
    • The USPTO reviews your application for compliance with federal trademark laws.
    • If issues are found, an Office Action is issued, requiring a response within six months.
  5. Publication in the Official Gazette:
    • Approved trademarks are published for a 30-day public opposition period.
  6. Certificate of Registration:
    • If no opposition is raised, the trademark is officially registered, and a certificate is issued.
  7. Post-Registration Maintenance:
    • File the Declaration of Use between the 5th and 6th years.
    • Renew every 10 years to keep the trademark active.

Timeline for Trademark Registration

  • Pre-Filing Search: 1-2 weeks.
  • Application Filing and Review: 3-6 months.
  • Publication Period: 1-2 months.
  • Certificate Issuance: 8-12 months (if no opposition is filed).

The overall process typically takes 8-12 months, but delays may occur due to Office Actions or opposition.


Steps After Application Approval

  1. Monitor Your Trademark:
    • Actively watch for unauthorized usage and take action if necessary.
  2. File Maintenance Documents:
    • Submit the Declaration of Use between the 5th and 6th years.
    • Renew the trademark every 10 years.
  3. Expand Protection:
    • File for international trademark protection under the Madrid Protocol.
  4. Enforce Your Rights:
    • Take legal action against infringers to protect your brand’s reputation.

Why Choose A2Z FINEDGE?

At Filingscenter, we stand out as the preferred partner for trademark registration due to the following:

  1. Unmatched Expertise:
    • Our team of CAs, CSs, lawyers, MBAs, and IP professionals ensures a comprehensive approach to every trademark application.
    • Years of experience in handling complex trademark issues.
  2. End-to-End Service:
    • We assist in every step, from conducting trademark searches and filing applications to handling office actions and post-registration maintenance.
  3. Advanced Tools and Technology:
    • Use of cutting-edge tools for conducting detailed trademark searches and managing applications efficiently.
  4. Tailored Solutions:
    • We understand that every business is unique. Our services are customized to meet your specific requirements and industry standards.
  5. Transparent Pricing:
    • Our pricing structure is straightforward, with no hidden charges, ensuring complete transparency.
  6. Dedicated Account Managers:
    • Personalized support with a single point of contact to address your queries and provide updates throughout the process.
  7. Proven Success Record:
    • Hundreds of trademarks successfully registered for clients across industries, ensuring their intellectual property is secure.
  8. Global Reach:
    • Expertise in handling international trademark applications under the Madrid Protocol, helping businesses expand their global presence.
  9. Post-Registration Support:
    • Assistance with renewals, enforcement, and monitoring of trademarks to ensure your rights remain protected.
  10. Commitment to Excellence:
    • We prioritize client satisfaction and work diligently to ensure your trademarks are registered and maintained seamlessly.

Contact Us

Secure your brand’s identity in the USA with Filingscenter’s expert services.

Required Documents

  • Power of attorney
  • Business Registration Certificate
  • Proof of Trademark Use in Commerce
  • Declaration of Intent to Use the Trademark
  • Trademark Design