USA Trademark Application: Overview

A trademark protects a business’s brand name and can include a word, logo, symbol, or a mix that distinguishes its products or services from others in the market.
Trademark protection is territorial, meaning it only applies within the country where it’s registered. Businesses planning global expansion must secure trademarks in every country where they intend to operate.
In the United States, trademarks are governed by federal and state laws, with the United States Patent and Trademark Office (USPTO) serving as the central authority.

Advantages of USA Trademark Registration

• Exclusive rights to use the trademark in the U.S.
• Prevents others from using similar marks.
• Right to use the ® symbol.
• Stronger legal protection against infringement.
• Simplifies sale or transfer of the brand.
• Boosts brand recognition and goodwill.
• Helps in obtaining international trademark protection.

Documents Required for Trademark Registration in USA

Part 1 – Documents Required For US Trademark

1. Name of the applicant
2. Address of the applicant
3. Applicant’s signature and verification
4. Type of entity to be filed for Trademark

Part 2 – Documents Required For US Trademark

1. Identification of relevant goods and services
2. Specimen or drawing of the intended mark
   (Video clips or audio files if it is a sound mark)
3. Description of the mark
4. Filing fees

Trademark Application Requirements – Summary

• Trademark Application Form: Must be completed and signed by the applicant, whether an individual, partnership, corporation, or other legal entity.
• Specimen of Use: Proof that the mark is in commercial use—such as a photo, label, or document showing the trademark on goods/services.
• Trademark Drawing: A clear, detailed drawing that displays all distinctive elements of the mark.
• Filing Fees: Applicable based on the application type and class of goods/services.
• Power of Attorney: Mandatory for non-U.S. citizens or entities; requires appointing and authorizing a U.S. attorney.
• Additional Requirements: USPTO may request further details like a Statement of Use or Declaration of Incontestability.

Note: Foreign applicants must have a U.S. attorney for filing, fee payments, and handling USPTO objections.

US Trademark Registration Process

Before filing a US trademark application, check if the mark is available via the USPTO’s TESS database, which lists all registered and pending trademarks.

How to Conduct a USA Trademark Search?

Applicants can search using:

• Basic Word Mark Search
• Design Mark Search
• Combined Word & Design Search

Reading the Search Results:

• Serial Number
• Mark Type
• Description
• Status (active/pending)
• Owner details
• Prosecution history
• Any proceedings

Class Identification:

Trademarks must be registered under one or more of 45 classes (NICE Classification).
For example:

• Class 15: Musical Instruments
• Class 14: Precious Metals & Stones

Proper class selection depends on the product/service offered.

Preparing a US Trademark Application

Applicant's Details:

Include business entity type (LLP, Private Limited, LLC), business name, email, and contact number.

Format of Mark:

1. Standard Character Format:
   For word/number marks without design or stylization.
2. Special Character Format:
   For stylized, colored, or uniquely designed marks (e.g., Google, Kellogg’s).
3. Sound Mark:
   For audio logos (e.g., Intel’s chime).

Specimen of Use:

A visual sample (drawing) showing the mark's actual use with the product/service.

Trademark Specification:

Clearly define the goods/services covered as per USPTO’s ID Manual. Use accepted descriptions or craft your own if needed.

Trademark Filing Basis:

1. Use in Commerce (Sec. 1A):
   Mark is already used in trade across states/countries.
2. Intent to Use (Sec. 1B):
   Mark will be used in the future (within 4-5 years).
3. Foreign Application (Sec. 44(d)):
   Based on a foreign application filed within the last 6 months.
4. Foreign Registration (Sec. 44(e)):
   Based on an existing foreign registration, with proof submitted.

US Trademark Application Filing Process

1. Application Filing:
   Submit the completed application to the USPTO. A filing receipt with a serial number is issued. Status can be tracked at USPTO TSDR.
2. Examination:
   Within 3 months, a Trademark Examiner reviews the application for conflicts or issues.
3. Office Action (if any):
   If issues arise, an Office Action notice is issued. The applicant must respond within 6 months to address objections or clarify matters.
4. Publication in Official Gazette:
   If no issues remain, the application is published in the Trademark Official Gazette. A Notice of Publication informs the applicant of this date.
5. Opposition Period:
   Third parties have 30 days to oppose the trademark or request an extension (up to 180 days, if approved). If opposed, proceedings will follow.
6. Registration:
   If unopposed, USPTO grants the Registration Certificate. For applications under Intent to Use (Sec. 1b), a Notice of Allowance is first issued before registration.

Validity of USA Trademark Registration

A US trademark registration is valid for 10 years from the registration date. To maintain it, the owner must file a renewal application with the USPTO between the 9th and 10th year.
The trademark can be renewed indefinitely in 10-year periods, provided the mark remains in commercial use and required maintenance documents are filed on time.

Who Can Apply for USA Trademark Registration?

Anyone, regardless of nationality or residency, can apply for a US trademark. However, the applicant must meet these conditions:

• A genuine intention to use the mark in commerce.
• The trademark must be distinctive.
• It must not be confusingly similar to an existing registered mark.

Eligibility for US Trademark Registration (For Indian Applicants)

Indian individuals and businesses can apply for US trademark registration, provided they have a genuine intent to use the mark in US commerce. They must also appoint a US-licensed attorney for the process.