There is a massive growth in the entrepreneurial culture around the globe. WIPO (World Intellectual Property Organization) statistics show that over 4 million trademark registrations are made worldwide every year. Having a trademark registered can be a valuable asset in terms of protecting and establishing a business. It is important for the US trademark registration process to be relatively easy, one of the reasons for which is that they enable international trademark registrations to be easy.
Benefits Offered by the USA Trademark Registration
The list of benefits includes:
- Legal recognition: A trademark offers the business legal protection and representation.
- Penalties and losses: If your company has a registered trademark, it cannot be copied. When they copy your trademark and violate your rights, you can sue them and receive compensation in addition to getting all the profits they made using it. In the absence of a registered trademark, the entire process of suing an infringement becomes extremely difficult.
- State law and federal protection: Trademark protection can be obtained in a specific state of the United States or at the federal level, which will protect your trademark nationwide.
- Expansion of business: When a trademark is registered, it becomes easier to expand a business globally. Nike, Aeropostale, McDonald’s, and many others are global brands that have achieved global recognition and are registered worldwide. You can do this by using the Madrid system.
- Exclusive rights: After a trademark is registered, the company or individual gets exclusive rights to use the mark, with no restrictions.
Points to be Considered
While registering a trademark, every entrepreneur must take into consideration the following aspects.
Register in the US
The process of registering can be completed online through the USPTO (The United States Patent and Trademark Office).
Get proper knowledge of registration
It is crucial that you are aware of how the registration process works and the rules you will have to follow, as well as the availability of your mark in the USA, before expanding your ventures internationally.
The Madrid Protocol
WIPO maintains and monitors the Madrid Protocol if you wish to register your trademark in multiple countries.
- In this agreement, a single application has to be submitted to all coalition member countries for trademark registration. Madrid is signed by 113 countries, including significant economies like China, the European Union, France, and the United States.
- WIPO’s website is the place to submit the MM2 Form. After this, the US office must receive a hard copy of the form.
Hiring an attorney
If the country is not a member of the Madrid Protocol, an attorney must be hired to register the trademark. Some of these countries are Canada and Saudi Arabia.
Keep in mind that a trademark or slogan should not offend other countries, either legally or personally, as they will need to be translated into different languages.
Documents Required for Filing Trademark in the USA
The following documents must be submitted during the application process:
- Applicant’s details
- In the case of a company, details of the legal entity
- Country for the incorporation
- In case the trademark is already in use, then proof of usage
- Specimen of the trademark
- In the case of a country where English is not used, the foreign translation has to be submitted
- Fees for registration
Unless there are objections, the process will take 9-12 months. It may take longer if there are objections.
Trademark registration is valid for ten years.
Cost of Trademark Registration in the US
- A state trademark registration costs between $100 and $200.
- Federal registration, which provides nationwide access, costs between $275 and 375
Register Your Trademark in the US Easily
There are many ways to register a trademark in the US. As well as the availability and rules in the US, there are many other factors to consider. It can all be quite confusing and complicated.
Vakilsearch’s US Trademark Registration service can help you if you need it. We will be able to guide you through the entire process, check trademark availability, and handle all forms and documents on your behalf. All of this at an affordable price