United States Trademark
A trademark is at the core of your brand, serving as a crucial component of your corporate’s identity and image.
Having a registered trademark it’s essential when expanding into different countries.
With MUSA registering your trademark, protecting the value of your brand.
Establishing trust, loyalty and competitiveness in the new market.
The USA Trademark
Application Procedure
Step 01
The USA trademark search
Before filing your application, we will conduct a trademark search in The USA trademark office database.To help you evaluate the risk of trademark application.
Step 02
Choosing the subclasses from The USA trademark classification
In the USA, trademark classes group products and services into specific subclasses under the NICE classification. Companies can register the same trademark in different subclasses if they aren’t considered similar. Including all relevant business scopes in the application, covering each subclass, is crucial for optimal protection in one filing.
Step 03
Filing Basis
Our team will assist in evaluating which “Filing basis” to file the application, in accordance with the best interests of the applicant.
Step 04
Submittion
Our team of trademark experts will manage all necessary documentation on your behalf and submit the application.
Step 05
Procedure Monitoring
After submission, we will keep you updated on the current status of your case.
Step 06
Obtain Protection
Trademarks certificates will be issued in electronic certificates exclusively.
Step 07
Statement of Use
For US trademarks, a Statement of Use must be submitted between the 5th and 6th year after registration, affirming continuous commercial use of the trademark to maintain registration validity. Missing the deadline will result in forfeiture of trademark rights. We will manage the deadlines in our system and send reminders when due.
Step 08
Monitoring fro Renewal
Forgetting to file for renewal can result in the expiration of your trademark rights. We will update the trademark information in our system and send reminders when it is time for renewal.
Filing Basis
According to US trademark regulation, they divided the trademarks application into 5 different kinds of filing basis. The applicants will provide materials for different requirements.
Use in Commerce Basis
You are currently using your mark in commerce with your goods and/or services.
You need to provide:
1. The date of first use of your mark anywhere on the goods or in connection with the services.
2. A mark is in use in commerce with goods / service.
Intent-to-use basis
You have a bona fide intention to use your mark in commerce with your goods and/or services in the near future.
You need to provide:
Applicant has a bona fide intention to use the mark in commerce and has a bona fide intention to use the mark in commerce as of the application filing date.
Foreign registration basis
You own a foreign registration of the same mark for the same goods and/or services from your country of origin. Consult MUSA for application details.
Foreign application basis
You own an earlier-filed foreign application that was filed within six months of your U.S. application for the same mark and the same goods and/or services.
This basis is also called a “foreign priority basis” because you are requesting a “priority” filing date for your U.S. application that is the same date as that of the foreign application filing date. Consult MUSA for application details.
Madrid Protocol for international trademark registration
If you have a registered Madrid Protocol Trademark, you can designate an extension to obtain trademark registration in the United States.
The Madrid Protocol is a convenient and efficient way for trademark owners worldwide to file one application to register their trademark in multiple countries, including the USA.
United States Trademark System
Basic Information
- Competent authority: United States Patent and Trademark Office, USPTO
- The USA trademark search: USPTO – Trademark Search
- Examination period: 12-18 months
- Duration of trademark right: 10 years
- Renewal: 6 months before expiry date
Timeline
- Form Examination: 12 months
- Substantive Examination: 12 months
- Publication: 12 months
- Grant of Protection: 12 months
Legal Requirements
- Applicant information: Name of the Applicant, address, nationality.
- Drawing of the trademark
- Identify and classify your goods or services.
Client’s feedback
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3 reasons why you need a USA Trademark
Trademark squatter and trademark infringement
Trademark squatting in the USA is a widespread and critical issue. The trademark squatter could be a third party or even your local partner. Once your trademark has been squatted, the cost of retrieval, whether through lawsuit or purchase, is unpredictable.
Proof of legal ownership
In the USA, it’s a common requirement to present a trademark certificate when signing a distributor contract, and the same applies to most e-commerce platforms.
Legal Protection
Registering a trademark in the USA provides legal protection for your brand and products. This means that if other companies or individuals attempt to use a similar mark to confuse consumers, you can take legal action to protect your rights.