The trademark registration in the USA (USPTO)

1. The dossiers for submitting the trademark registration 

  * Each registration form of the trademark in the USA must include the following information:

  – Name, address, legal entity, title and email address of the applicant;

  – Signature or identity verification of the applicant;

  – List of goods or services which is required for registering the trademark;

  – The image of the trademark to be registered;

  – The description of the trademark;

  – The proof of payment for submitting the registration.

  * If the applicant uses for commercial purposes, the application must include:

  – The statement of verified commercial use of the trademark;

  – The first date of using;

  – The first date of commercial use;

  – The proof shows that the trademark in each class is used for at least one type of good or service. It must include the URL and the date of accessing or printing.

2. The procedure for submitting a registration form

  – Step 1: Conduct a preliminary search on the USPTO’s trademark database system at the website of the trademark registration office in the USA (USPTO) to minimize the risk of being denied the registration (Link: https://tmsearch.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk).

  However, assessing the possibility of successfully registering the trademark in the USA requires in-depth skills and practical experience. Therefore, if your company submits directly, this searching step should be done by the representative lawyer.

  – Step 2: Submit your online dossiers (the offline dossier is not accepted) to USPTO.

  – Step 3: According to the regulation of the Trademark Statue in 1946 of the USA, if there are no obstacles in the process of registering the trademark, it usually only takes about 7 to 10 months to receive the Certificate of Registration trademark which is issued by the USPTO. For example, a trademark filed according to Article §44(d) and (e) would be tested as follows:

  + Within 3 to 4 months since the registration form has been filed, the trademark will be tested by the USPTO to conclude whether it complies with the regulations on formality (classification of goods or services, applicant’s capacity, etc) and substantive examination (whether the trademark has the distinguish ability or not, whether it is confusingly similar to the other trademark or not, etc);

  + If USPTO doesn’t give rejection, the trademark will be approved for publication in the Official Gazette within 3 weeks since USPTO sent the notification. Within 30 days of being published, any third person has the right to submit a form to object to the published trademark;

  + If no objection form is submitted in the prescribed time limit, within 3 months since the objection period expired and the applicant has provided a copy of the Certificate of registering trademark which is certified by the National Office of Intellectual Property of Vietnam, USPTO will grant trademark registration to the applicant.

T2H LAW LIABILITY LIMITED COMPANY 
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