Trademark registration in United States | iGERENT
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Trademark registration in United States

Trademark Search
in United States

Determine the probabilities your trademark has of being successfully registered in United States

First Class

90 €

Additional Class

70 €

*The prices mentioned are for wordmarks

All fees included

Trademark Application
in United States

Apply to have your trademark registered in United States

First Class

425 €

Additional Class

380 €

Final fee for registration

Not applicable in this jurisdiction

All fees included

PRICE NOTES

The prices expressed are in USD.

Search report Delivery time: 5 business days.

Application Approximate process duration for straightforward cases: 8 to 12 months. 

The prices expressed are for straightforward cases and include all official and professional fees. The prices do not include responses to office actions (e.g. examiner’s refusal), defenses from third party pre- or post-registration oppositions or responses to cancellation actions.

When filing a trademark in the United States, a filing basis must be chosen. If an application is based on "intent to use", specimens of use will have to presented once the trademark is accepted in order for it to register. This will be considered as a separate service.

Final Fee for Registration Not applicable in this jurisdiction.

Watch Service will be activated within 72 hours after payment has been cleared. Service is for 365 days.


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Recommendations and information about trademark registration in United States

Trademark rights in the United States are established through use. Thus the person or company that first and continuously uses a trademark inside the U.S. is the one who will have preferential rights over it. However, in practice, it is highly recommended trademark owners register their trademarks. The main benefit of registering a trademark is to have presumption of ownership of the mark. Having the trademark registered will prove useful in cases of infringement. If one´s trademark is registered by a third party, the required opposition or cancellation actions will be long and expensive processes.

Trademark registration in the U.S. is done through the United States Patent and Trademark Office (USPTO).

A registered trademark in the United States is recognized in the American Virgin Islands, American Samoa, Guam and Puerto Rico. However, in Puerto Rico a registered U.S. trademark does not prevent third parties from being able to register the trademark in Puerto Rico.

Declarations of use and evidence that the trademark is being used will have to be presented when registering a trademark and at different moments during its lifespan in the United States. For further information regarding this, please see our Q&A section at the bottom of this page.

Please note that in order to confer a trademark owner the right to use the trademark in any color combination the filed logo (device) should be in black and white. If the logo (device) is presented in color, the owner will only be conferred the right to use the trademark (as registered) in the colors of the filed logo (device).

If you register a combined trademark (which includes both word elements and figurative elements) in the United States, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.

Opposition actions may be presented during a timeframe of 30 days after it is published for registration. This period may be extended.

A registered trademark in the United States will have a validity of ten (10) years from the date of registration. Trademarks may be renewed every ten (10) years. The renewal can be requested within 12 months before the expiration date, or during the six (6) months following the expiration date upon payment of late renewal fees.

Cancellation actions may be presented against trademarks that have not been used for a period of three (3) years.

The United States is a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

 

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FAQ

trademark registration in United States

When applying for a trademark one must comply with one of the following circumstances:

1. Application Based on Use in Commerce

2. Application Based on Intent to Use

3. Application Based on a Foreign Application

4. Application Based on a Foreign Registration

Depending on the basis chosen, requirements and times regarding the Declaration of Use (DOU) and the Specimen of Use (SOU) will vary.

Declaration of Use (DOU):

It is a statement from the trademark owner indicating when the trademark was first used in the United States, in the form of an affidavit or signed under the understanding that willful false statements are punishable. 

Specimen of Use (SOU):

Supporting evidence, such as documents, photographs, brochures, newspaper articles, product packaging, etc. that serve as proof that the trademark is being used in commerce inside the United States.

Use in commerce should be chosen when the trademark being applied for has effectively been used in commerce (inside the US) for the goods and/or services for which it is being applied.

Applying under this basis requires that the following be provided at the moment of filing:

a) Declaration of Use (DOU) declaring that effective use of the trademark has been made on or before the date of filing, stating the date on which the trademark was first used in the United States.

b) A Specimen of Use (SOU) showing how the trademark is being used in relation to the goods and/or services for which it has been filed. One specimen per class is sufficient.  

Intent to Use should be chosen when the trademark being applied for has not yet been used for all the goods and/or services for which it is being applied. 

Under Intent to use, the following requisites apply in connection to the application process:

a. A declaration that once the trademark is filed, the applicant has the true (bona fide) intention of using the trademark in commerce and in connection to all the goods and/or services for which it has been applied. 

b. Before registration is effectively granted, the trademark will necessarily have to be in use in commerce in connection to the goods and/or services for which it was applied. A Declaration of Use and a Specimen of Use will have to be filed in the period of six (6) months after official notice has been given that the trademark has been accepted for registration (Notice of Allowance).

Based on a Foreign Application can be used when an identical trademark has been filed in a foreign country in the last 6 months by the same owner and for the same goods and/or services. The foreign application must be the very first application of the trademark anywhere. 

This basis gives the owner priority over any conflicting trademarks that are filed in the United States after the foreign application was filed in its foreign country. Once registered, a translated (if necessary) copy of the trademark certificate will have to be submitted to make the registration in the USA effective.

If the foreign application were to be rejected by the local office through which it is being processed, the applicant would then have to transform the application in the United States to be based either on “Use in Commerce” or “Intent to Use”, losing the priority date given by the foreign application.

Based on a Foreign Registration can be used when an identical trademark has been granted, that is, effectively registered in applicant's country of origin* by the same owner and for the same goods and/or services. A translated (if necessary) copy of the trademark certificate will have to be provided.

The real benefit of this basis is that the trademark does not have to be in use in order for it to be granted or effectively registered (this is the only basis that allows this). However, the trademark will have to be used in the USA after registration is granted.

Having a registered trademark in the country of origin DOES NOT ensure successful registration of the trademark in the United States. The application may receive office actions or third party oppositions.

*Country of origin: It is the country in which the applicant has an effective industrial or commercial establishment, or the applicant's country of domicile, or the country of which the applicant is a national. An applicant can have more than one country of origin.

The Declaration of use (DOU) is made by the trademark owner - or their appointed representative - declaring that the registered trademark is being used in commerce. This has to be supported with a Specimen of Use, such as photographs, brochures, websites, product packaging, etc. that serve as proof that the trademark is being used. One specimen of use per class is sufficient. 

Under certain circumstances non-use can be justified, however, these circumstances will have to be stated. 

When does the Declaration of Use have to be presented?

a. During application or acceptation of the trademark (if the TM is based on Actual Use or Intent to Use).

b. Between the 5th and 6th year after the registration date of the trademark.

c. Between the 9th and 10th year after the registration date of the trademark. This is done along with the renewal of the trademark.

d. Together with every trademark renewal (every ten years).

Can an extension of time be requested for presenting a Declaration of Use required under Section 8?

Yes. A grace period of six (6) months will be granted by the registration authority when paying the required fee.

Yes. An extension of time of six (6) months may be granted. A maximum of 5 individual extensions may be gtanted; please be aware that an extension of time has associated costs.

A registered trademark grants exclusive nationwide use: Registering your trademark grants you protection and the exclusive right to use your trademark in connection to the products and services for which you have registered in a determined country or territory. As a registered trademark owner you can take legal action against anyone who uses your brand without your permission, including counterfeiters.

A registered trademark serves as a deterrent against third parties that would otherwise use identical or confusingly similar trademarks for identical or similar goods or services. In most countries the prior existence of a considerably similar registered trademark is grounds for government offices to refuse a subsequent registration. Furthermore, trademark owners have the right to oppose similar trademarks from being registered. 

A registered trademark grants one the right to use the ® Symbol: Upon registration you will be able to use this symbol in order to demonstrate that your trademark has been registered and is enforceable by law. It also serves as notice to competitors that you are serious about protecting your trademark rights. Such right is limited to the countries in which the trademark is registered.

It is illegal and punishable by law to use this symbol if your trademark has not been registered; fines and penalties vary depending on the jurisdiction. The use of the ® symbol in some countries is also obligatory if a trademark has been registered in order to be able to present legal actions or remedies against a third party that uses a trademark without the owner’s consent.

A registered trademark is necessary to enlist help from countries’ Customs Service (Customs and Border Patrol): if a trademark has been registered, actions can be taken in order to request local customs services to prevent the entering or exportation of goods that use an identical or confusingly similar trademark.

Priority for subsequent applications: The first application for a trademark will grant the holder the right to subsequently claim priority when applying for an identical trademark in the vast majority of countries in the world, for a period of 6 months. If priority is claimed inside the period of 6 months from the first application, the subsequent applications will be considered as having been presented on the same date as the application in the first country. This is important in case there are conflicting trademarks that were filed after the first application.

 

For more information regarding Priority please visit our General FAQs

If you are investing time and money in order to differentiate yourself and your products or services from other traders, make sure that other trademarks that may take advantage of your market placement are not admitted for registration.

The first step to do so is to stay alert. Our Watch Service will have experts continually monitoring newly published trademarks, alerting you if any of them may eventually affect your rights. Being alerted on time will allow you as a trademark owner to decide whether or not opposition actions should be presented.

Our trademark watch services can be ordered on a yearly basis for a specific country, region or even worldwide.

Trademark Watch Alerts will be sent to your email, including information of the conflicting trademark, such as the trademark itself, the class for which it is being registered, the details of the applicant and the deadline to present legal actions intended to stop the trademark from being registered.

Different countries have different requirements and time frames when it comes to trademarks. When working with iGERENT, a trademark consultant will be assigned specifically to you, and will assist you with whatever trademark related services you require. Along with advising you, your consultant will continuously monitor your trademark processes, keeping you up to date with any developments. Regardless of the amount of countries in which you have services being processed, you will be able to monitor any advances through your online account, or by contacting your assigned trademark consultant directly.

Regardless of which country or countries you are ordering trademark services for, all payments will be made through our online portal. Our online portal allows easy and safe payment to be made via PayPal, by major credit cards such as Visa, American Express, MasterCard and Discover, and even Bitcoin. If you like, you may also pay directly via wire transfer* (bank transfer) to our US bank account.

*Clients that pay via wire transfer (bank transfer) are eligible to receive a 5% discount.

Trademark Watch
in United States

Make sure that you are alerted when a conflicting trademark to yours has been published in United States

Local

First Class

105 €

Additional Class

90 €

Regional

First Class

310 €

Additional Class

150 €

Global

First Class

510 €

Additional Class

250 €

Note: Service will be activated within 72 hours after payment has been cleared. Service is for 365 days.

Trademark Renewal
in United States

Your trademark registration is about to expire? Our expert attorneys will assist you with the renewal process to maintain the protection of your trademark. Learn more about the timeframes, prices and requirements.
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Additional trademark related services offered by iGERENT

Trademark assignment
You need to transfer ownership of a filed or registered trademark? Our expert attorneys will assist you with the assignment process, from the drafting of the deed of assignment to the filing of the change of owner with the country's trademark office.
Trademark office action
Your trademark application has received an office action? Our expert attorneys will provide advice and will help with the defense, from the review of the case to the filing of the defense with the trademarks office. We can help you with objections to local trademarks as well as objections received via WIPO (international trademarks).
Trademark opposition
A third party has filed an opposition against your trademark application? Our attorneys can advise you, evaluating the information and evidence you can provide, determining the chances of success and preparing and filing the defense with the trademarks office.
Trademark holder change of address
You or your company changed your address? With us, you can register the change of domicile with the trademarks office in an easy and straightforward way. Our attorneys take charge of everything.
Trademark holder change of name
The company that owns your trademark has changed its name? It is necessary to update the holder's details registered with the Trademarks Office. Our attorneys will let you know what documentation must be provided and will request the change with the relevant authority.
Control Border Patrol
Your company exports goods that are trademarked? Avoid the arrival of falsified or counterfeit products in those markets in which your trademark is registered. Our attorneys will help you protect your rights with the control border patrol.