- This stage is optional; however, it is precisely what allows you to significantly reduce the risk of refusal, understand the real chances of successful registration, and, if necessary, adjust the trademark before the registration process begins.
Trademark registration in the USA
Establishing a legal foundation for your brand
A trademark in the United States is not a mere formality but a tool that ensures control over the use of your designation and creates a legal foundation for further business scaling. We support clients throughout the entire U.S. registration process — from the initial trademark analysis to obtaining protection helping them navigate the procedure without delays or unnecessary legal complexities.
Trademark registration stages
The trademark registration procedure in the United States has its own specifics, and we support clients at every stage – from preliminary analysis to obtaining protection and submitting proof of use, if required.
01
Preliminary search and analysis
02
Fully remote and comfortable
- We handle the trademark registration process entirely online: providing consultations, preparing documents, filing the application, and interacting with the authority – without the need for your personal presence.
03
Application examination
- The application undergoes formal and substantive examination. If necessary, we prepare responses to Office Actions by substantiating the position, submitting amendments, or providing additional explanations.
04
High chances of successful registration
- Thanks to preliminary analysis and professional support, over 95% of our applications successfully pass the registration process without critical objections or refusals.
05
Congratulations! Your TM is registered
- After the successful completion of the examinations, the trademark details are published. The trademark is entered into the register, after which an electronic Registration Certificate is issued.
01
Preliminary search and analysis
- This stage is optional; however, it is precisely what allows you to significantly reduce the risk of refusal, understand the real chances of successful registration, and, if necessary, adjust the trademark before the registration process begins.
03
Application examination
- The application undergoes formal and substantive examination. If necessary, we prepare responses to Office Actions by substantiating the position, submitting amendments, or providing additional explanations.
05
Congratulations! Your TM is registered
- After the successful completion of the examinations, the trademark details are published. The trademark is entered into the register, after which an electronic Registration Certificate is issued.
02
Fully remote and comfortable
- We handle the trademark registration process entirely online: providing consultations, preparing documents, filing the application, and interacting with the authority – without the need for your personal presence.
04
High chances of successful registration
- Thanks to preliminary analysis and professional support, over 95% of our applications successfully pass the registration process without critical objections or refusals.
Ready to protect your brand in the U.S.? Let’s discuss the details
Trademark registration in the United States is a process with many nuances, and mistakes can be costly. Fill out the contact form, and we will analyze your designation, assess the appropriate filing basis, provide tailored recommendations, and calculate the registration budget for the relevant classes.
Fill out the form, and our lawyers will contact you to clarify the details.
FAQ
When do trademark rights arise in the United States?
Can a designation be used before registration is completed?
Does the existence of a similar trademark in another country affect registration in the U.S.?
What should I do if someone is using my trademark in the U.S. without authorization?
How long does trademark registration take in the U.S.?
When do trademark rights arise in the United States?
Trademark rights in the U.S. are tied to the actual use of the designation. After registration, you obtain federal protection; however, the basic right arises from the date of first use in commerce, provided such use is claimed and properly confirmed.
Can a designation be used before registration is completed?
Yes, use is permitted and is often even required. However, you do not have federal protection until registration is granted; and if a conflict is identified, the USPTO may refuse the application, and the use may need to be discontinued. Therefore, a preliminary search is critical.
Does the existence of a similar trademark in another country affect registration in the U.S.?
Generally, no. The United States has its own trademark protection system, and registrations in other countries are not grounds for refusal. Exceptions apply if a foreign applicant files with priority under the Madrid System, or if the mark is well-known in the U.S. and may cause consumer confusion.
What should I do if someone is using my trademark in the U.S. without authorization?
After trademark registration, you have the right to demand that the infringement cease, send cease-and-desist letters, and initiate legal action, including claims for damages. If the infringement occurs online, complaints may also be filed with marketplaces, social media platforms, and payment service providers.
How long does trademark registration take in the U.S.?
On average, the process takes 8–12 months. The timeframe may be longer if an Office Action is issued, an opposition is filed, or if the application is based on Intent to Use and a Statement of Use must be submitted. In such cases, the total duration may extend to 18–24 months.
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