
USA Trademark Registration Services
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Is your trademark available? We will provide you with our sophisticated Trademark Study, which will allow you to ensure a successful trademark registration.
Our Watch System can simultaneously track trademark registrations in more than 100 countries and offers second to none tracking quality.
Our attorneys will prepare and file a renewal application for your trademark, to ensure that your mark is protected for the next 10 years.
Trademark registration applies to all U.S. States as well as any territory under the United States jurisdiction and control, including the American Virgin Islands (VI), in American Samoa (AS) and Guam (GU).
Trademarks are protected by registration. An unregistered trademark may be protected by the U.S trademark law if used in commerce (common law). The United States applies the first-to-use system.
If you have already used your mark in commerce, you may file under the "use in commerce" basis. If you have not yet used your mark, but intend to use it in the future, you must file under the "intent to use" basis. Under certain international agreements, you may file in the U.S. based on a foreign application, foreign registration, or international registration, in this case, the trademark and the description must be identical to the filed US trademark.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Our intellectual property attorney will file your trademark within 5 business days.
More than 60% of all trademarks application receive objections (called "office actions") in the USA, this makes the United States Patent and Trademark Office (USPTO) one of the most demanding Trademark Offices. Bonamark adds value to the regular registration by running additional tests to ensure that all the conditional are met.
The most typical issues which lead to an objection are:
In order to check if 2 trademarks are confusingly similar, the United States Patent and Trademark Office uses the DuPont Factors. "We determine likelihood of confusion by focusing on the question whether the purchasing public would mistakenly assume that the applicant's goods originate from the same source as, or are associated with, the goods in the cited registrations. [citation]. We make that determination on a case-by-case basis, [citation], aided by the application of the factors set out in In re E.I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973). Those factors are:
A trademark owner must file a Declaration of Use between the fifth and sixth year of registration along with a specimen of use. At the same time, the trademark owner can claim a "incontestability” status. Note, that even if your trademark registration is base on a foreign registration or international registration, you still will have to file the Declaration of Use in the USA and actually use your trademark in the US.
If the documents are not filed, the trademark will be cancelled.
The specimen of use is a proof that the trademark is used in the US. For products, the specimen could be a photo of an actual product with the trademark on it, for services - promotional materials. However, there are several other options, please contact us, if you have any questions.
An opponent may file a cancellation against the trademark at any time. If the trademark was in use during last 3 years, the opponent will have to prove that the trademark was abandoned with no intention to use it in the future. A trademark which was not used for more than 3 years is deemed abandoned.
The official fee for filing a trademark application in paper in United States is USD 600 per class.
The official fee is USD 400 per class for a trademark application filed electronically using the Trademark Electronic Application System (TEAS Regular). The filing fee is USD 275 per class when using TEAS Reduced Fee (TEAS RF) and USD 225 per class when using TEAS Plus.
This filing option applies to simplified applications using predetermined goods and services.
We offer the following services in the United States (USA):
If you are interested in any of these services, please do not hesitate to contact us.
Address: P.O. Box 1450, Alexandria, VA 22313-1450
Telephone: (1 571) 272 8600