All you need to know about Registering a Trademark in the US

The United States is one of the world's most important and sought-after economies in trade and business. For a business to be able to operate with its brand identity protected in a market so competitive could mean the difference between being a successful business and being a recognized brand.

DID YOU KNOW?

A little known fact about Donald Trump's 'You're fired!' catchphrase is that he tried to trademark it back in 2004, but his move was turned down by the attorneys for the U.S. Patent and Trademark Office. The famous 'You're Fired!' phrase was not copyrightable because U.S. copyright law explicitly prohibits copyright protections for short phrases or sayings.

In the US, the United States Patent and Trademark Office (USPTO) is responsible for trademark registration and administration. Apart from this, all states have a "Local Trademark Registration Procedure" for businesses operating within a specific geographical area that does not want any additional security.

It is important to note that in the United States, it's not registration that gives you priority and rights over others; it's the use of a mark. As a result, the trademark ownership goes to the one who "first uses" the mark rather than to the first person to file for registration.

To file a trademark in the United States, you must follow the following steps:

Trademark Search:

The first and most crucial stage in obtaining a Trademark Registration in the United States is to conduct a thorough trademark search of the US trademark registry database. You must be sure that your proposed trademark is distinctive and correct. A Trademark Search may be conducted using terms, numbers, pictures, designs, and so on. This provides an assessment about a Trademark's ability to be registered and the risk of a conflict with already registered trademarks.

Application filing:

After you've completed the trademark search, you'll need to submit an application for trademark registration in the United States. This comes with official costs such as government and attorney fees, without taking into account any possible opposition or refusal.

Approval of Trademark Application:

After you've submitted your application, it must be sent to the USPTO. The administrative procedure following this involves the trademark authority's examination of the trademark application and evaluation of its exclusivity or originality. The approval or refusal process may take a few months. In case any objections are raised, a time period of 6 months is provided to correct the information or reapply for the application to be approved.

Publication:

When the trademark is registered and accepted, it is published in the Trademark Journal. The applicant will receive a Notification of Publication that includes full information on publication.

Certificate of Registration:

The USPTO will issue a Registration Certificate once all issues and oppositions have been resolved, provided you filed your trademark “in use,” meaning that your products or services were already being sold at the time the application was filed.

Note: A trademark registration in the US is only valid for 10 years. After 10 years, the owner must file a renewal application to keep the registration active.

Although it is not mandatory to register a trademark in the US, it has several advantages. Through registration of a trademark, the greatest legal protection possible is given to a brand, usage of the trademark is restricted exclusively, and those attempting to imitate trademarks may be sued. It also makes it easier to register your trademark anywhere else in the world.

The procedure of filing for a US trademark might be daunting and time-consuming without credible legal support. This is where the Trademark Registration Service by the Global Trademark Company can help take the load off your back.