• International Country Code:

    US
  • Time Zone:

    UTC/GMT -05:00
  • Currency:

    United States dollar ($) (USD)

Trademark in the USA

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  • Trademark fees

Fees associated with filing a trademark application in the U.S., as well as other trademark fees, are available in the fee calculator.

  • Multiple-class application

Multiple-class trademark applications are possible in the U.S.

  • Filing requirements in the U.S.

The official language of the trademark application in the USA is English. Non-English language documents must be accompanied by an English translation signed by the individual making the translation.

A trademark application in the US must contain at least the following:

- name of the applicant;
- address for correspondence;
- clear drawing of the mark;
- list of the goods or services;
- a verified statement of a bona fide intention to use a mark in commerce (in the event of an intent-to-use application);
- filing fee for at least one class of goods or services.

The submission of the Power of Attorney is not required when registering U.S. trademarks.

A certified copy of the Priority Document should be translated into English and certified by the translator. It should be submitted at the time of application filing if claiming priority to a foreign application and/or registration.

  • Examination, publication and opposition to a trademark application in the U.S.

The application will undergo complete examination including a search for conflicting marks and an examination of the written application, amendments, drawings, and any specimen(s) or foreign registration(s), to determine whether the mark is eligible for the type of registration requested, whether amendment is necessary and whether all required fees have been paid.

Upon successful examination, the mark will be published in the Official Gazette of the USPTO for opposition. Any notice of opposition must be filed within thirty days after the date of publication, or within an extension of time granted by the Board for filing an opposition.

  • Grant, validity term and trademark renewal

The term of a registered trademark in the U.S. is ten years from the date of registration. A U.S. trademark registration may be renewed for periods of ten years so long as the mark is in use in commerce. An application for renewal must be filed within one year before the expiration date of the registration, or within the six-month grace period after the expiration date of the registration. The specimens of actual use and registrant's declaration of use must be provided for renewing a trademark registration in the U.S.

  • Duration of registration procedure

The processing time from first filing to registration is approximately between 9-16 months in the case of a smooth registration procedure.

  • Use requirement

The validity of a trademark registration in the U.S. may be cancelled if it is shown that the trademark has not been used for three consecutive years during its registration. In the US there is a proof of use requirement between the 5-6 years after registration.

  • Representation by a trademark attorney

For foreign trademark applicants, it is recommended to perform trademark prosecution in the U.S. through a practising trademark attorney of the United States.

  •  Note

Online Search Databases: US Trademarks, International Trademarks.

Brief summary is based on the information provided by Soroker, Agmon, Nordman on 13.02.2019
Please contact us if the above information contains any discrepancies with the U.S. IP Laws.

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