USA Trademark

USD 649

Filing + Consultation

  • USPTO Trademark Filing
  • 1 Class – Existing Classification
  • US Trademark Search
  • US Attorney Consultation

USA Trademark Registration

Expanding your business to the United States is a significant milestone, and protecting your brand is the first critical step. The United States Patent and Trademark Office (USPTO) oversees the process of trademark registration, ensuring your brand is safeguarded against infringement. At Allycon, we are committed to helping you navigate the complexities of U.S. trademark registration, ensuring your intellectual property is protected as you establish your presence in one of the world’s largest markets.

Comprehensive Trademark Services by Allycon

At Allycon, we specialize in providing expert assistance to individuals and enterprises seeking trademark registration in the USA. Our team of seasoned attorneys and professionals streamlines the registration process, ensuring every step—from filing to final approval—is smooth and hassle-free. Our goal is to make U.S. trademark registration accessible, straightforward, and effective for our clients.

What is a Trademark?

A trademark is a distinctive sign—such as a word, symbol, phrase, or design—that sets apart your goods or services from those of others. It plays a pivotal role in establishing brand recognition and loyalty, making it an invaluable asset to your business. Once registered, the trademark owner enjoys exclusive rights to its use, preventing others from utilizing a similar mark that could confuse consumers.

Why Register a Trademark in the USA?

Although trademark rights can be acquired through use without registration, official registration offers numerous advantages, including:
  • Legal Protection: Secure exclusive rights to use your brand in connection with specified goods or services.

  • Nationwide Coverage: Protect your trademark across all U.S. states, safeguarding against infringement.

  • Infringement Deterrence: Potential infringers are less likely to violate a registered trademark due to the legal protections in place.

  • Ownership Rights: Establish formal ownership, reducing the risk of legal disputes with other entities.

  • Legal Remedies: Should someone infringe upon your trademark, registered owners have access to legal recourse, including damages and injunctive relief.

  • Brand Value Enhancement: A registered trademark strengthens your brand, increasing its appeal to investors, customers, and business partners.

  • Customs Protection: Registering your trademark with U.S. Customs helps prevent the importation of counterfeit goods.

Who Can Apply for U.S. Trademark Registration?

Whether you are an individual, partnership, corporation, or Limited Liability Company (LLC), you are eligible to apply for trademark registration in the United States. Allycon is also proud to assist international clients, including Indian nationals and enterprises, with the registration process.

Eligibility Criteria for Indian Entities

Indian businesses and individuals can register a U.S. trademark if they meet the following conditions:

  • The trademark must be used in commerce within the United States.
  • The trademark application must be filed with the USPTO.
  • The trademark should not be confusingly similar to an existing U.S. trademark.
  • The trademark must not be generic, descriptive, immoral, or scandalous.
  • Non-U.S. applicants must appoint a U.S. attorney for representation before the USPTO.

Trademark Regulations and Governing Law

The Lanham Act, codified in Title 15 of the United States Code, governs trademark registration in the U.S. It outlines the requirements for trademark use, enforcement, and remedies in case of infringement. This federal statute is the backbone of trademark law in the United States, ensuring that registered trademarks are protected in commerce.

Trademark Classification for Goods and Services

The USPTO employs the Nice Classification system, dividing trademarks into 45 different classes—34 for goods and 11 for services. Proper classification is essential to avoid conflicts with existing trademarks and ensure your application’s approval. Separate applications and fees apply to each class for which a trademark is registered.

Types of U.S. Trademark Registration

  • Standard Character Mark: A plain-text registration without specific fonts, styles, or colors.
  • Design Mark: A registration including logos or specific design elements.
  • Collective Mark: Used by members of a group or organization.
  • Certification Mark: A mark indicating a product or service meets certain standards.
  • Sound Mark: A trademark based on sound or musical notations.
  • Motion Mark: Trademarks registered as moving images or animations.

Allycon can assist in identifying the right type of trademark registration based on your unique needs.

Essential Documents for U.S. Trademark Registration

The following documents are required for a successful trademark application:

  • Trademark Application: Including the trademark, goods or services, and owner’s details.
  • Specimen of Use: Proof of how the trademark is used in commerce.
  • Power of Attorney: Required for non-U.S. entities, appointing a U.S. attorney for representation.
  • Priority Claim: If previously registered in another jurisdiction.
  • Statement of Use: If the trademark is not yet in use in the U.S., this must be filed later.
  • Assignment or Transfer Documents: If ownership of the trademark has changed.

Trademark Registration Process in the USA

  1. Trademark Search: Conduct a thorough search to ensure your trademark is available for registration.

  2. Class Determination: Identify the correct class for your goods or services.

  3. File Application: Submit the trademark application with the USPTO, along with the appropriate fees.

  4. Hire a U.S. Attorney: For non-U.S. applicants, a U.S. attorney is mandatory for all USPTO matters. Allycon can connect you with an experienced trademark attorney.

  5. Review and Examination: The USPTO will examine your application and search for conflicting trademarks.

  6. Publication: Once approved, your trademark will be published in the USPTO’s Official Gazette for opposition.

  7. Trademark Registration: If no oppositions are filed, your trademark will be registered, and a certificate will be issued.

Allycon’s Commitment to Simplifying the Process

At Allycon, we simplify U.S. trademark registration by guiding you through each step. From conducting trademark searches and classifying your goods or services to preparing and filing your application, we ensure every detail is handled with precision. Our network of U.S. attorneys offers expert legal guidance to maximize your chances of successful registration, keeping costs affordable and the process efficient.

With Allycon, protecting your brand in the U.S. has never been easier.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.