On this occasion, we will tell you about the process of registering a trademark, the requirements that need to be met to carry out this procedure and all the details that you must take into account.
1 Do you need a lawyer?
In theory, it is not necessary to hire a lawyer to comply with this procedure; however, this does not mean that it is a straightforward process, and many times people choose professional help to fill out all the applications.
In addition, the benefit of having a lawyer is that he will be in charge of verifying that all your doubts are resolved in accordance with the law, and that there is no doubt that your procedure will be successful.
2 Research your Nice rating
One of the first steps in registering a trademark will be to inquire into the Nice classification, which refers to the classification of goods and services established by the Nice agreement in 1957, which was decreed for the purpose of registering trademarks.
This classification is updated every five years, and contains an international database, so the risk of choosing the wrong trade name is extremely low.
3 Find out if your brand is available
After analyzing the Nice or Nice classification, the owner of a brand will have the necessary elements to know if said name is available according to the statutes of the law.
It is important to take into account the type of trademark that you want to register and the name that has been chosen for it, so that you do not run the risk of being confused with a similar one in any other part of the world.
4 Requirements to register your trademark
There are certain steps that should not be skipped when registering a trademark, regardless of its turn. One of the first is to fill out the form, in which you will detail the type of trademark you want to register.
Subsequently, a deep search will be made of all the brands that could be similar to the own one and choose, based on said information, a formal application form.
5 Determine your brand use
The owner of a brand will have as its main task to decide what will be the use that will be given to their brand; since the requirements that must be met depend on it.
When registering a trademark, the owner of the same must determine the commercial use of the same, the intention of the trademark and if it has a previous registered trademark; read on for more information:
a Use in commerce
Commercial use is presented by means of an affidavit. In it, it will be necessary to indicate the date on which the product or service was launched for the first time, attaching graphic evidence of this.
In the United States, it is a requirement to show graphic evidence of use, not in general terms, but for each kind of trademark that the user wishes to register; thus, there will be a lower risk of error.
b Intent to use
In this section, the declaration and proof of use will be presented, as long as the payments corresponding to the forms have been made, always within a period of six months.
In the event that the person who wishes to register a trademark in the United States but has not used it in the country, must request an extension of time for the declaration.
c Earlier registered trademark
Transparency is vital to registering a trademark in the United States, which is why authorities ask to provide a certificate of registration for an earlier trademark.
If you do not have it, it is not necessary to provide alternative documentation that is related to any statement or graphic proof of its previous use, so this step will not be decisive.
6 Avoid rejection by correcting problems
One of the main problems that arise when registering a trademark is the emptying of information through forms, which often causes confusion among trademark owners.
For this reason, and to avoid the rejection of the applications and the consequent loss of the monetary investment, it is recommended to correct all the problems that the authorities indicate.
7 Apply to the USPTO
The United States Patent and Trademark Office has an extensive database so that trademark owners can register quickly and easily.
Thus, it will be necessary to make a request to this institution, downloaded from its website the required forms for trademark registration, legal attention, requests, among others.
8 Check the status of your brand
Once the application process for the registration of a trademark has been completed, the owner will have to wait a relevant time for the authorities to deliberate and verify that there is not exactly the same one on the market.
The user will have access to a database in which he will be able to consult all the steps that have been followed, as well as the status of the registration before the authorities; all this, online.
Main questions regarding trademark registration in the United States
1 Why should I register my trademark?
Registering a trademark is a responsibility of the owner of a business, product or service, as it is a reference that can put the business at a much more competitive level.
In addition, it will give a sense of identity and exclusivity to a brand, with which no other person can take ownership of the registered concepts for commercial use.
2 What agency regulates trademark registration in the United States?
The United States Patent and Trademark Office is responsible for all processes related to registering a trademark and maintaining it within its database.
On its website, you will find all the information available to guarantee that all interested parties successfully comply with this process, filling out the necessary forms and making the payment of the corresponding fees.
3 How long does the trademark registration process take?
Many people consider this to be a long and tiring process; however, it is a long-term investment that will greatly benefit a brand’s commercial endeavors.
This is because, if the registration request is successful, a trademark may be registered with the United States Patent and Trademark Office for a period of ten years.
4 What does a trademark registration protect?
The registration of a trademark protects against the commercial exploitation of a product by a third party; that is, no other person may use a brand name to sell goods or services.
On the other hand, consumers also benefit from this process, since they can be sure that the products they have purchased are legitimate. Another advantage is that no one will be able to sell the same product as yours under a name similar to your brand.
5 How long will my brand be protected?
Great news for brand owners is that their registration, if approved, will have a ten-year period of use, upon payment of a selected fee in a timely manner.
The name of a brand may be renewed every ten years, specifically, six months before or after the official registration period ends. In addition, the updated rate must be paid in accordance with what is imposed by the authorities.
6 How much does it cost to register a trademark in the United States?
The total price to pay for the registration of a trademark will depend on several factors; for example, if the owner decides to hire the services of a specialized lawyer, in which case the price could rise significantly.
However, the total cost of registering a trademark will have a legal fee of $ 950; in addition, for each class of the brand, the user must pay $ 350, as the case may be.