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Protect your brand with the trademark registration in the United States.

Woman has just registered her brand in United States, she protect her business from risk and fraud now
General information
What are the benefits?
What does it include?

Many companies seek to protect their brands against the risk of any fraud by another company. It's for this reason that they decide to register and protect their brand, in order to act against possible infringers.

A registered trademark determines the graphic, physical and operational identity of a company a, product or a service. It includes its own visual elements that differentiate it from its competitors, giving it a certain identity in the commercial sector.

The sign of a brand can be a word, a combination of words, an image, a design, three-dimensional shapes, sounds and in some countries, smells, textures and any other that meets the requirements of distinctiveness and the possibility of being represented.

A registered trademark is an identity protected by the corresponding laws that can be used exclusively.

The Trademark or Trademark Registry grants its holder the power to authorize or prohibit the use of it to third parties. For this, legal protection tools are granted to trademark owners to defend them from unauthorized copies.

This implies that the company will be able to:

  • Act against possible offenders.
  • Be protected from the registration of confusingly similar trademarks.
  • Prevent your competition from using a brand that is similar.
  • Generate recognition at the national level.

The cost includes:

Trademark registration within the entire United States, the application in 1 of the 45 categories and the following procedures:

  • A review by a United States attorney.
  • Basic trademark search
  • Direct search in the USPTO federal database
  • Search in the 50 states of registered and pending trademarks
  • Electronic filing of your application with the USPTO
  • Electronic Delivery

What are the categories included?

All products and services are classified in different sections, here you find all of the 45 classes for the trademark registration process.

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What information will be required?

  1. Business name and address
  2. State of incorporation.
  3. Telephone in the United States.
  4. Company business activity.
  5. Brand name.
  6. Black and white logo.
  7. List of products or services.
  8. Evidence of the first day of brand use.

What is the duration?

The response to this process can take from 8 to 12 months.

During this time a publication must be made in the newspaper for about 30 to 60 days. If there is an equal or similar trademark already registered, the USPTO will be able to appeal the process.

Take into account that before starting the trademark registration, the company must be already selling products or services in the United States.

Information about the Trademark registration

This process is carried out by a United States attorney for foreign citizens, in charge of advising and reviewing all the information and evidence, which must be submitted in english.

Frequently Asked Questions

What is the USPTO?

The USPTO or United States Patent and Trademark Office is in charge of granting patents for the protection of inventions and registering trademarks for products and services in the United States.

When another company applies for a trademark that is confusingly similar to the one previously registered, the USPTO will confirm the information and refuse to register the new trademark, as doing so would create confusion in the market about the rightful owner of the trademark and the infringement of Your rights.

How does the entity confirm that these trademark evidences of use are real?

Examiners can visit the websites from which the proof of use was obtained to verify that the products and services are true and currently available to the US consumer.

What is a trademark evidence of use?

For products, some evidences of brand use would be: the products themselves, labels, signs and a web page showing the brand, among others.

For services some examples of evidence of brand use are: online advertising or material, marketing material, business cards and letterheads showing a direct association between the brand and the services, among others.

Should I have a website before I start the registration?

Yes. The USPTO requires your company to have a website, and it must be in English.

How do I know if a trademark is registered?

Trademarks that already have a registration place in their logos some of the following symbols ™ (Trademark), SM (Service mark), and ® (Registered), to show that they are claiming the trademark as their own.

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