You want to know how to register a trademark in the USA, because you have already decided the commercial name of your company, which small or does not need a name with its protection.
First of all, you must know the type of protection you need so that you can start with the registry.
Step by step how to register a trademark in the USA
Learn how to register a trademark in the United States following the instructions in the following step by step:
Step 1: Choose the type of protection for your brand
Then you are sure of the type of protection that your brand needs, because with the registration of a trademark you generate protection for the brand name of a product or service or its logo, since you do not need a patent, unless you have invented that product, since the patent generates protection for the invention and then you must register its trademark so that the brand of the product you invented is protected.
Even if your invented product becomes very famous and is broadcast on television with an advertisement, you should register it with a copyright.
Step 2: Choose the trademark format at the United States Patent and Trademark Office – USPTO
Then you already know the type of registration you need, because choosing the brand is the first thing you must do to register it and complete the application and you must do it with conscience USPTO it does not register all trademarks, because not all are registrable or protectable.
So as a second step you must recognize the brand format that can be standard or stylized, design or sound. In the USPTO database you can look up the trademark rights either for design or writing. ‘ You must also know the basis for submitting the brand name, for which and for all of the above it is convenient that you hire a trademark lawyer, since this professional can help you complete the application process.
Step 3: Submit the application and pay the corresponding fee
Once you have completed the application, you must submit it in the electronic trademark application system and you will pay the fee corresponding to its processing.
During the third step you must consider that the fee for the application process is non-refundable even though your application cannot be processed and also all the information you have added in the application such as your address, your email address, the number phone number and your name become part of the public record.
Anyway, you should monitor your application at least every three or four months after submitting it, which you can do through the registration system of (Trademark Status & Document Retrieval) TSDR. But keep in mind that if you change your postal address or email address you must update them, since you will have signed that you authorize UPSTO to communicate with you through these means, because with a change of owner address you do not change the postal address or by changing the latter you do not change the previous one.
Step 4: Requirements verification
UPSTO will verify if you have met all the basic requirements and you will receive the serial number of your application. And this will be received by an examining attorney. Keep in mind that this process will take several months, as the examining attorney is in charge of reviewing your application, determining if you have complied with all statutes and regulations, together with the inclusion of the fees that are required.
The payment of the fees is non-refundable, therefore if the registration is denied you will not receive the money of the fees paid.
In the event that the registration is denied, you will receive your reasons through a letter that the examining attorney will send you, explaining the reasons for that denial. It may be that it is necessary to make small corrections, before which it can be contacted by email or by phone if you have authorized this type of communication.
If, on the other hand, they do not contact you and decide to send an action from the office, as an applicant you must respond to that action from the office in no less than six months after receiving the letter.
Step 5: Publication of the trademark registration
The USPTO issues a weekly publication of objections to registration, so in the event that the examining attorney does not present these objections or you have overcome them, the attorney will be required to approve your trademark to be published in the official gazette.
Then it will be the USPTO who will send you the notice about the publication date, but it does not end here. Well, it is possible that after your brand has been published in the official gazette, you can file an opposition up to 30 days after the publication date or, failing that, if the 30 days have passed, you can request an extension of time to oppose.
The opposition is similar to the procedure in federal court, but in this case you will file it in the TTAB, the trademark test and appeal board, which is nothing other than the USPTO administrative court.
The examining attorney will review the statement of use with all its minimum requirements met and if it determines that it meets them will determine if you can accept the registration.
Step 6: The USPTO will issue the registration two months after having approved the declaration of use, but to keep it you must present the maintenance documents.
Well, they are mandatory presentations, since if you do not present the required documentation, the registration will be canceled and will expire.
In this case, you must submit the application again and therefore the entire process will restart, bearing in mind that even though you have previously registered your trademark, it is not a guarantee that it will be accepted with a new application submitted.
How to register a company logo
You know how to register a trademark in the USA, but if you want register a company logo follow these steps:
Step 1: Design your logo and then you must register it at the state or federal level.
Step 2Decide if you want to register your logo at the federal or state level. If you register it at the federal level in the patent and trademark office, you will obtain a wide coverage although you will have to pay a higher fee, since it considers a value close to 227 dollars.
Step 3: Visit USPTO if you decided to register the logo at the federal level and if you want to register it at the state level, you can also do so by entering the USPTO links, as the resources tab has the trademark offices of each state.
Step 4: At USPTO you can register online and download the trademark application.
Step 5: You will review the procedures your state requires to submit the application.
Step 6: You will complete the application including the contact information and submit it according to the instructions you receive together with the payment of the corresponding fees.