In order to obtain trademark protection in Guam, it is necessary to register it in the 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. For information regarding our services in Puerto Rico, please click here.
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.