• 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

Filing a trademark application in multiple classes is possible in the U.S.

  • Minimum filing requirements in the U.S.

- Name of the applicant;
- Name and 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);
- The filing fee for at least one class of goods or services.

  • Requirements of the Power of Attorney

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

  • Priority document

The 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.

  • Validity term

The term of a trademark registration in the U.S. is valid for ten years from the date of registration.

  • Opposition period

Opposition against a U.S. trademark application may be filed within thirty days from the application publication date by anyone whose interests may be adversely affected by registration of the mark.

  • Statement of Use

If a U.S. trademark application was filed on the intent-to-use basis, it should later be converted into one based on use in commerce. For this purpose a Statement of Use should be filed within six months after the date a Notice of Allowance is issued. Alternatively, an applicant can request further extension of said period for six months. In total, it is possible to request five extensions (each request should be filed before the end of the previous six-month term). A Statement of Use may not be filed more than thirty-six (36) months from the Notice of Allowance is issued.

  • Renewal

A U.S. trademark registration may be renewed for the 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.

  • 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

It is recommended to perform the trademark prosecution in the U.S. through a practising trademark attorney of the United States.

  • What can be registered as a trademark in the USA

A word, phrase, symbol, or design, or a combination thereof, which identifies and distinguishes the source of the goods and/or services of one party from those of others may be registered as a trademark in the U.S.

  •  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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