USA

Trademark registration in USA

Trademark registration in USA
directly through the local patent office

Cost of services $894

The first step for trademark registration is to select the type of trademark, as well as the necessary classes of the Nice Classification.
The next thing to do is to conduct a preverification of mark on the identity and similarity to previously registered trademarks in the registry of the registration authority in USA - USPTO (United States Patent and Trademark Office).
After the preverification, if no match is found, it is possible to apply for trademark registration.

The application must specify grounds for a trademark registration in the United States. Such grounds may be following:
1) Use in commerce. This means that the trademark has been used and continues to be used by the applicant in the United States before the date of filing.
Use in commerce requires confirmation. For example, it may be photographs of the products with the trademark on them, labels on the goods, etc;
2) Intend to use.This means that the trademark is still not used in the United States yet, but it is planned for the future. Within 6 months of receipt of the notification of the resolution of a trademark registration, the declaration (Notice of Allowance), which confirms the start of use of the trademark, shall be filed to the registering authority;
3) Foreign application.The application for an identical trademark filed by the applicant before (in respect of the same classes of the Nice Classification) in another country party to the Paris Convention, may serve as the basis for filing in the United States. This application in the United States must be filed no later than 6 months after the filing in another country;
4) Foreign registration.Identity trademark which already registered in another country on the name of the applicant (in respect of the same classes of the Nice Classification) can also serve as a basis for filing an application in the United States;
5) International registration.In the case where an identical trademark in respect of the same classes of the Nice Classification is registered by the international system on the basis of the Madrid Agreement, and such registration should be extended to the territory of the United States.

The application is assigned a unique number, after which it enters the Examining Division.The examination is to test for compliance with the requirements of the USAtrademark law.

If a decision to refuse the registration of a trademark, an expert lead their arguments in writing. Within 6 months of receipt of an official letter, the applicant has the right to submit its reasoned response in favor of a trademark registration.

If the examination takes a positive decision, the data on the application are published in the Official Gazette, which comes out every week. Once the data has been published, within 30 days any person may bring their arguments against the registration of the trademark.
If the claims are rejected or not received, to the proprietor shall be issued a certificate of registration of the trademark.

The registration process takes approximately 12 months.

Fees

The application on paper: $375 + $275 for each class under the Nice Agreement of 1957 Concerning the International Classification of Goods and Services (the Nice Classification) in excess of the first class;
If the application is filed with a special electronic system «TEAS Plus»: $ 325 + $ 225 for each class of the Nice Classification.

Trademark registration in USA
on the basis of the Madrid Protocol

Cost of services $1100

USA is a member country of the Madrid Protocol. This means that an application for trademark registration in USA, you can apply on the basis of a national application. In addition, the international trademark registration has a number of other advantages:
- a simplified filing an application by filing a single international application for a number of countries;
- the fee paid once and it is a smaller amount;
- the possibility in the future to carry out territorial expansion (add other countries).

Time for consideration of an international registration in USAis 18 months.

The application for registration of a trademark on the international system on the basis of the Madrid Agreement or the Madrid Protocol, filing in World Intellectual Property Organization – WIPO.

1) The fee for registration of a trademark in one country (for 3 classes of Nice Classification) (in Swiss francs, CHF):
- Black-and-white trade mark: 654 CHF;
- Colored trademark: 903 CHF,
and:
+100 CHF for each additional countries;
+ 100CHF for each additional class of the Nice Classification.

2) Individual fee of USA:
for one class of the Nice Classification: 301 CHF + CHF 301 for each additional class.

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