USA

The legislation in the United States regarding trademarks is primarily regulated by the Lanham Act. Trademark rights are acquired automatically when a company uses a name or logo in commercial activities and are enforceable in federal courts. Trademarks registered with the United States Patent and Trademark Office (USPTO) are afforded a higher degree of protection in federal courts compared to unregistered marks.

Requirements

An application for a trademark must be filed by a local patent attorney with the Trademark Registry. The official language for trademark applications in the US is English. Documents that are not in English must be accompanied by a translation into English, signed by the translator. A power of attorney is not required. A certified copy of the priority document must be translated into English and certified by a translator. It should be submitted at the time of application if priority is claimed from a foreign application and / or registration. The deadline for filing a trademark application in the US with a claim to regular priority is six months from the priority date.

Procedure

The application process encompasses formal examination, distinctiveness assessment, and prior trademark search. Following a successful examination, the mark will be published in the official Gazette of the US Patent and Trademark Office for potential opposition. Any opposition notification must be submitted within thirty days from the date of publication or within the timeframe specified by the Board for opposition filing. From initial submission to registration, the process typically spans approximately 1-2 years.

Duration

The term of a registered trademark in the United States is 10 years from the date of registration. Registration of a trademark in the US may be renewed for an additional 10-year period as long as the mark is being used for commercial purposes. The application for renewal must be filed within one year before the expiration of the registration term or within a six-month grace period after the expiration of the registration term.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System).

*Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.

Extra

The registration of a trademark in the United States may be cancelled if it is proven that the trademark has not been used continuously for three years after its registration. There is a requirement in the US for proof of use within 5-6 years after registration.