United States Trademark

United States Trademark

EFSAG provide trademark search and registration services in the USA for US and foreign companies and individuals seeking a United States trademark. Our professional and skilled consultants are highly experienced in all areas of United States trademarks, and are fully equipped to assist you in trademark search, registration and renewal.

For further information regarding how EFSAG can assist you with your United States Trademark, use our Contact Form.

To begin the process of your United States Trademark registration, complete our Trademark Application form.

United States Trademark Requirements

United States Patent and Trademark Office (commonly referred to as USPTO) is the official federal agency responsible for issuing patents and registering marks within the United States. Applications to the USPTO for a United States trademark require the following information to be given; name of applicant with address for correspondence, full representation of the trademark for registration, details of goods/services in association with it, payment of fee and signature.  The application for a US trademark must be filed under one of two categories; “use in commerce” and “intent to use”. If you have already used the trademark on your goods or services then you must apply under “use in commerce”, however if you have not yet traded with the mark but intend to do so in the future, you will apply under the “intent to use” category.

A US trademark is valid for an unlimited period of time provided the necessary submission of renewal documents are filed within the specified timeframe. It is required that trademark holders should file a Declaration of Use to the USPTO between the 5th and 6th year after official registration. In addition, the holder must renew the trademark on the 10th year after the official registration and every 10 years thereafter.

United States Trademark Law

The primary legislation adopted in the US for governance of trademarks is known as the Lanham (Trademark) Act. The Lanham Act serves to protect trademarks from infringements, dilution and cases of false advertising and provides a clear definition of the requirements and boundaries accepted for trademarks. The act strictly prohibits trademarks from registration where there is a “likelihood of confusion”. If a trademark is misleading to the public, similar to existing registered marks, offensive or immoral, it will not be granted registration.

The Lanham Act also provides remedies in cases of infringement. Remedies available under the Lanham Act include injunctions and damages. Injunctions are used where the goods imported infringe a registered trademark.

United States Trademark Registration

EFSAG can provide comprehensive consultation for your United States trademark registration, from assisting you with the initial trademark search to administering the relevant documentation.  We are experienced in all aspects of United States trademarks from designing the mark to ensuring successful trademark renewals are submitted in a timely and professional manner.