Fees associated with filing a trademark application in the US, as well as other trademark fees, are available in the fee calculator.
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Multiple-class application
Multiple-class trademark applications are possible in the US.
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Filing requirements in the US
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 US 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.
The term for filing a trademark application in the USA claiming conventional priority is 6 months from the priority date.
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Examination, publication and opposition to a trademark application in the US
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.
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Grant, validity term and trademark renewal
The term of a registered trademark in the US is ten years from the date of registration. A US 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 US.
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Duration of registration procedure
The processing time from first filing to registration is approximately 16 months in the case of a smooth registration procedure.
The validity of a trademark registration in the US 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.
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Representation by a trademark attorney
For foreign trademark applicants, it is necessary to perform trademark prosecution in the US through a registered trademark attorney of the United States.
1. Online Search Databases: US Trademarks, International Trademarks.
2. The time limit to file a response to the provisional refusal of an international registration in the US is 6 months from the date the USPTO issues the refusal. It is not possible to request an extension of this time limit. The language of the response is English. For foreign applicants, it is necessary to appoint a local representative for filing of the response. Within 6 months of the issuance of the final decision by the USPTO, applicants may request a revision or file an appeal to the provisional refusal.
3. Filing a trademark application in the US requires selecting one of several legal categories: use in commerce, intent to use, foreign registration, foreign application, or extension of protection under the Madrid Protocol. Each category corresponds to specific circumstances regarding the trademark's use or registration status.
Brief summary is based on the information provided by Soroker, Agmon, Nordman on 19.02.2024
Please contact us if the above information is not in conformity with the US IP Laws.