Can Non-USA Companies Apply for Trademark Registration in the USA? Why is USA Trademark Registration Helpful?
Foreign companies and individuals can register trademarks in the USA. There are many benefits to Trademark Registration in the USA. They include exclusive use of the registered trademark for the goods/services identified in the registration. Trademark Registration in the USA also helps the foreign owner defend itself if it is accused of trademark infringement. The trademark registration can be sold, and rights can be licensed for a fee or royalty.
US consumers rely increasingly on foreign manufactured goods. Some US companies turn to foreign manufacturers for private labeling, which is one company’s manufacturing of products for sale under another company’s brand. We frequently represent foreign companies that sell branded goods exclusively through a particular US distributor or retailer.
Some USA distributors and re-sellers require advance Trademark Registration in the USA prior to placing orders. Others, such as Amazon USA, give owners of registered trademarks special enforcement tools and privileges. This reduces the risk of trademark infringement. Hartmans Law frequently assists non-USA companies to apply for trademark registration USA.
How do Non-USA Companies Apply for Trademark Registration in the USA?
File Application to Register Trademark
Trademark Registration in the USA can be applied for at the United States Patent and Trademark Office website, www.uspto.gov. If the mark has not yet been used in the USA, the application can be filed with “intent to use” the mark. However, trademark rights accrue on the date the mark is first used in the USA.
Examination of the Application
USPTO attorneys review the application and decide if the trademark can be registered in the USA. The USPTO Examining Attorney may issue an objection to the application in a document called an “Office Action.” There are strict legal requirements for responding to Office Actions.
The USPTO examining attorneys will not assist the applicant or provide the applicant legal advice. Thus, the USPTO website suggests many benefits of hiring a USA trademark attorney. See https://www.uspto.gov/trademarks-getting-started/why-hire-private-trademark-attorney. A private USA trademark attorney can provide you legal advice regarding the protectability of the mark. An attorney can also accurately identify the goods and services for the mark. An attorney can also advise you about your rights and help you enforce them after the mark is registered. In the US, the trademark owner is responsible for enforcing trademark rights against third-parties.
Third-Party Opposition Period
After the application is approved by the Examining Attorney, anyone with a legal basis to object to the registration can do so during a 30-day opposition period. If an opposition is filed, the applicant must respond before the strict deadline.
Post-Registration Maintenance
Following Trademark Registration in the USA, specific maintenance documents must be filed.
How Much does Trademark Registration in the USA Cost? How Long Does it Take?
Fees vary depending upon the number of classes of goods/services applied for. The current (January 2019) USPTO fee schedule can be downloaded HERE. Hartmans Law’s fees can be viewed HERE.
The minimum cost of applying for trademark registration USA through Hartmans Law (a single class, using one of the USPTO approved identifications of goods/services) is $800.00.
The minimum time for an application to be processed is 7 months. However, the length of time varies, and it can be as much as several years.
Work with Hartmans Law to Apply for Trademark Registration USA
To start an application for Trademark Registration in the USA with licensed Hartmans Law US trademark attorneys, click HERE.
