Starting Business provide trademark search and registration services in the USA for US and foreign companies and individuals. Our professional consultants are experienced in all areas of United States trademarks, and are fully equipped to assist you in search, registration and renewal.
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 mark 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 time-frame. 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.
The primary legislation adopted in the US for governance of trademarks is known as the Lanham (Trademark) Act. The Lanham Act serves to protect from infringements, dilution and cases of false advertising and provides a clear definition of the requirements and boundaries accepted. The act strictly prohibits trademarks from registration where there is a “likelihood of confusion”. If a mark 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.
We can provide a comprehensive consultation for your United States trademark registration, from the initial search, to registration and maintenance of your mark. We are experienced in all aspects of trademarks and can assist you to submit our application in a timely and professional manner.