Trademark

Why it’s A Good Idea to Get Trademark Registration in the US?

calendar11 Apr, 2023
timeReading Time: 4 Minutes
Why it’s A Good Idea to Register Your Trademark in the US?

Due to growing businesses, the competition in the market is increasing at a high pace. Therefore, everyone is gradually understanding the need to register their trademark in order to protect the business and stand in a competitive market. Many applications are filed yearly for trademark registration, making it difficult for companies to protect their business identity. Moreover, trademark registration is a long process but has various advantages. A trademark is the company’s most valuable asset that helps build the business and reach customers while creating faith in them. Registering your Trademark in the US is an easy process and provides a substantial ground for getting international trademark registration. Moreover, it is not feasible for a company to have its trademark registered in every country. Still, if a company wishes to expand its business, then it must apply for trademark registration in the US.

Points to Remember while Registering a Trademark in the US

The trademark registration process is different for every country, and for registering a trademark in the US, you must remember specific points. These points are mentioned below:

  • Take Proper Knowledge

If you are thinking of taking your business to the international level, you must first understand the requirements. Take proper knowledge of the procedure and rules that will be followed. Also, you must understand the relation of the rules and procedures with the US trademark registration and how it will help you expand your business internationally.

  • Process Of Registration In The US

You can easily file a trademark application from USPTO[1] (The United States Patent and Trademark Office). This application will be filed online by just following a few simple steps. Moreover, the registration process in the United States is simple, and you just need to file an online application for the same.

  • Madrid System

As you know, the Trademark Registration process is different in different countries. But, if you wish to expand your business internationally, you do not need to register your trademark in every country. Instead, you can use the Madrid system, which is taken care of by the World Intellectual Property Organization (WIPO), Geneva, Switzerland.

  • Madrid agreement includes 113 countries, including the economies of France, China, and the European Union. Now, it is easy to get a trademark registration in all these countries in one go. You just need to submit a single application, and your trademark will be registered in all 113 countries.
  • You must complete the MM2 form and submit your application online on the WIPO website. Then, you have to submit a copy of the form to the US office.
  • Other International Agreements

If you cannot file your application through the Madrid system, then you also have an alternative. You can also get international trademark registration through Trademark Electronic Application System (TEAS).

  • Hiring an Attorney

For filing a trademark in countries like Saudi Arabia, Canada, etc., that are not a part of the Madrid system, you must hire a trademark attorney to assist you in getting a trademark registration in all other countries. Moreover, you must hire an attorney who can guide you through the process.

  • Foreign Translations

Once you have selected a mark, you must know its translation in different languages to ensure that it does not offend anyone in any way, legally or personally.

What Are The Benefits Of Registering A Trademark In The US?

Following are the benefits of registering a Trademark in the US:

  • Once you file a trademark registration application in the US, the details of your trademark, whether registered or pending, are stored in the database of the US Trademarks and Patent Office. This provides information to all those searching for a patent that your trademark is still published and the goods and services for which you have registered such a trademark.
  • If any third party infringes your trademark, you can take legal actions against the person in federal court.
  • The trademark registration certification provides evidence that your trademark is registered and that you are the trademark owner. Therefore, the registration certificate is enough to serve as evidence in case of infringement.
  • Once your trademark is registered, you can use the R symbol with your brand name. It will be easy for others to recognize that this trademark is already registered, and people will start recognizing your brand with that logo.
  • You can use the trademark filed in the US as a basis for filing a trademark application in other foreign countries.

Validity of Registration

The trademark registration will last for as long as you keep using your trademark. You just need to pay the fee and submit proof of using the trademark regularly. This means that in order to retain the trademark rights, you are supposed to submit the maintenance documents along with the prescribed fee.

Documents Required For Registering a Trademark in the US

You can file the trademark registration application on two basis:

  • User-based – This trademark will be used till the time the application is still in process.
  • Intent To Use – This trademark will be used only when the trademark registration application is complete.

While submitting the trademark registration application, you are required to submit the following documents:

  • Details of the applicant.
  • Basis of filing the application.
  • Legal proof of company existence, in case a company files the application.
  • Name of the country where the trademark will be incorporated.
  • Trademark Specimen.
  • Foreign translation of the trademark for the countries where English is not used.
  • Registration Fees.

The completion of this process takes around 9-12 months after all the documents are submitted and the application is filed. If any objections are raised, then the application may take longer than expected.

Conclusion

In order to expand your business, you must go for a US trademark registration as it is an easy process and also sets the basis for getting a trademark in other countries. Contact Corpbiz for getting assistance with Trademark Registration.

Also Read:
Why Getting A US Trademark Registration Is Important?

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