The process of trademark registration is not that easy, especially when it comes to the registration trademark in the USA.
So what should you know before the filing of your mark in this country?
First of all, you should know that only licensed local attorneys are eligible to submit applications to the US Trademark Office. Thus, the first step you should do is to find an experienced US attorney or a company like Bonamark which has its local licensed agent in this country.
It is important to know that unlike many countries, the United States is a first to use country, which means that in the US the one who used the trademark first will be owning common law rights. That’s not exactly as good as having a registered trademark, however, this provides your brand with some protection.
According to this info, you cannot register your mark if your business has not been launched in the USA. However, there are some loopholes which we will discuss later.
Before applying for your trademark, you should choose what will be your "basis" for filing. Therefore, when you start the filing process, you will need to pick between 3 options:
Once you have decided on what basis for filing to use, you should collect all the proper documents:
Why is this a good Specimen of Use:
What else should I know?
Despite the fact that trademarks are registered for periods of 10 years, in the USA you will need to prove that you use your mark in the United States between the 5th and 6th year after the registration date. That’s why we recommend collecting proofs in order to renew your registration.
By the way, in accordance with the updated rules, the US Office will require an applicant’s email address, which will be published online in the trademark database. We recommend adding the email address monitored by the owner that is created specifically for communicating with the U.S. Trademark Office so the applicant will not miss any important news and updates.
Please note that it should not be your personal email or the email you use frequently. The fact that it will be published means that you are going to receive a lot of spam. You might want to create a separate email address and check it from time to time.
If you decide to employ our service we will guide you through the whole process and the paperwork. We will do the rest and keep you posted on the progress.