Protect your business by registering your brands officially with the local trademark office of United States. Once registered, you can enforce your legal rights over the trademark and prevent others from using it in United States.
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Thinking about protecting your brand in the United States? Below you’ll find answers to the most common questions about online trademark registration USA, including the trademark registration process, how long it takes, and the documents needed for trademark registration. iGERENT offers expert support and trademark registration services USA to make the process simple and secure.
The average trademark registration process takes approximately 14 months.
This is an estimate for straightforward cases based on current timelines. The duration may vary depending on the application’s complexity.
No documents are required initially to register a trademark in the USA. However, documentation may be needed later depending on the filing basis.
Don’t worry — with iGERENT’s trademark registration services in the USA, our experts will guide you every step of the way and inform you if any additional documents are required.
In the USA, federal trademark registration is handled by the United States Patent and Trademark Office (USPTO).
The trademark registration process may vary slightly depending on the filing basis chosen, and processing times typically range from 12 to 18 months for uncomplicated cases.
A registered trademark in the USA offers protection in all 50 states and U.S. territories such as the Virgin Islands, Guam, American Samoa, and Puerto Rico. However, it does not automatically prevent others from registering a trademark in Puerto Rico, so filing locally there is also recommended if you plan to enforce your rights.
As the U.S. is a Madrid System member, brand registration in the USA can also be obtained through an international application via the World Intellectual Property Organization (WIPO). Likewise, a U.S. trademark can be used as a basis to request international extensions.
Because the United States follows a first-to-use rule, legal rights are granted to the party that first uses the trademark in commerce, not necessarily the one who registers it first. While some may wonder whether they need to register their trademark, doing so provides presumption of ownership and is essential for legal enforcement.
Registering a trademark in the US only protects the specific version filed. If your brand includes both text and logo, separate applications are recommended to ensure complete protection.
When filing a logo in the USA, applicants must decide whether or not to claim specific colors. While this choice doesn’t affect the cost, it does impact the legal scope of protection.
A trademark search assesses the likelihood of successful registration. While not mandatory, it’s strongly recommended to avoid potential obstacles during the online trademark registration USA process.
This search, conducted in the USPTO database, helps detect existing trademarks that could trigger a refusal due to confusion or result in opposition by current owners.
The report also evaluates the mark based on USPTO’s absolute criteria and includes analysis for both wordmarks and figurative (logo) marks.
To file for trademark registration in the USA, you’ll need to provide:
The required documents depend on the selected basis:
When choosing the intent to use basis, applicants must later submit a declaration of use before the trademark is registered.
After publication, there is a 30-day period for third parties to oppose the application or request an extension of time to do so.
Note that the USPTO no longer issues paper trademark certificates, everything is managed digitally.
Once registered, a US trademark is valid for 10 years. To maintain its validity, file a declaration of use between the 5th and 6th year. Then, renew the trademark and file another declaration between years 9 and 10.
Late filings within a 6-month grace period are allowed, but additional fees apply. Each renewal extends protection for 10 more years, and this can continue indefinitely.
Since the U.S. follows a first-to-use model, consistent trademark use is required to maintain rights. If unused for three consecutive years, the trademark may be canceled due to non-use.
Amazon’s Brand Registry accepts U.S. trademarks, giving sellers access to additional brand protection features.
The USPTO allows 3D trademark registration in the USA to protect unique product packaging or shapes. To qualify, the design must be non-functional and serve as a source identifier.
Applicants must submit multiple images from different angles and may need to prove that the design has acquired distinctiveness, especially if it’s not inherently distinctive. This is often necessary for product packaging marks.
To learn more about how to register a brand name in the USA or a 3D trademark, visit the USPTO website.
The oldest active trademark in the USA, US Registration Nº11210, dates back to May 27, 1884, and has been renewed every 10 years since. It belongs to a rope manufacturing company.
In 2017, the USA ranked second worldwide in trademark application volume, behind China and ahead of Japan—highlighting the importance of protecting your brand with the help of our trademark registration services.
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