Trademarks Registration - Country United States

United States

General information about the trademark in United States

Some benefits of registering with the United State Patent Trademark Office:

1. Legal recognition of the registration symbol ® by U.S. courts.
2. Ability to bring a legal action in a federal court.
3. Listing on the Principal Register, which provides notice of legal ownership of the mark.
4. Easier to register in other countries.

Requirement for registration of mark

The application must be filed in the name of the owner of the mark. The owner of the mark is the person or entity who controls the nature and quality of the goods identified by the mark and/or the services rendered in connection with the mark. The owner may be an individual, corporation, partnership, or other type of legal entity.

It has not been a U.S. citizen to apply. However, if you do not reside in the United States, you may appoint a "domestic representative" as part of the application process.

After the United State Patent and Trademark Office determine that you have met the minimum filing requirements, the application is forwarded to an examining attorney. This may take a number of months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes. A complete examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen.

If the examining attorney decides that a mark should not be registered, the examining attorney will issue a letter explaining any substantive reasons for refusal, and any technical or procedural deficiencies in the application. If only minor corrections are required, the examining sends an Office action, the applicant’s response to the Office action must be received in the Office within six months of the mailing date of the Office action, or the application will be declared abandoned.

If the applicant's response does not overcome all objections, the examining attorney will issue a final refusal. To attempt to overcome a final refusal, the applicant may, for an additional fee, appeal to the Trademark Trial and Appeal Board, an administrative tribunal within the USPTO.

Time for processing of registration

CERTIFICATE OF REGISTRATION OR NOTICE OF ALLOWANCE If the mark is published based upon the actual use of the mark in commerce, or on a foreign registration, and no party files an opposition or request to extend the time to oppose, the United State Patent Trademark Office will normally register the mark and issue a registration certificate about twelve weeks after the date the mark was published. If the mark is published based upon the applicant's bona fide intention to use the mark in commerce, the USPTO will issue a NOTICE OF ALLOWANCE about twelve weeks after the date the mark was published, if no party files either an opposition or request to extend the time to oppose. The applicant then has six (6) months from the date of the NOTICE OF ALLOWANCE to either: Use the mark in commerce and submit a STATEMENT OF USE; or Request a six-month EXTENSION OF TIME TO FILE A STATEMENT OF USE