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Multiple-class trademark applications are possible in the united states.
Filing requirements in the USA
English is the official language of the trademark application in the USA. Any other language documents must be accompanied by an English translation. The individual doing the translation has to sign the English translation.
A trademark application in the USA must have these below items:-
– address for correspondence
– name of the applicant
– list of the goods or services
– a clear drawing of the mark
– the filing fee for at least 1 class of services or goods
– a verified statement of a bonafide intention to use a mark in commerce
There is no submission of the Power of Attorney required while registering trademarks in the USA.
English translation of a certified copy of the Priority Document should be submitted at the time of filing and is certified by the translator if claiming priority to a foreign application.
Examination, publication, and opposition to a trademark application in the USA
The application will undergo complete scrutiny including a search for conflicting trademarks and an examination of the amendments, written application, any specimen(s) or foreign registration(s) and drawings, to determine whether the trademark is suitable for the type of registration requested, whether an amendment is required and whether all necessary fees have been paid.
After a successful examination, the Official Gazette of the USPTO publishes the trademark for the opposition. Within 30 days after the date of publication, any notice of opposition can be filed.
Grant, validity term and trademark renewal
The registered trademark term in the U.S. is ten years from the date of its registration. It can be renewed for a time period of 10 years as long as it is in business. A renewal application must be filed within one year before the expiration date of registration. It can also be renewed within six months grace period after the expiration date of its registration. For renewing a trademark registration in the united states, the specimens of actual use and registrant’s declaration of use must be provided.
Duration of the registration procedure
It takes approximately between 9-16 months from first filing to registration.
If the trademark has not been used for three consecutive years during its registration, then the validity of a trademark in the USA may be canceled. In the USA there is a proof of use necessary between the 5-6 years after registration.
Representation by a trademark attorney
A registered trademark attorney or agent from the united states is recommended for trademark prosecution in the USA.
If you have any queries related to the Trademark Filing in USA, please contact the IIPLA team. We will be more than happy to resolve your queries free of cost.
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