COUNTRY : UNITED STATES OF AMERICA
CAPITAL : WASHINGTON DC
LANGUAGE : ENGLISH
MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, MADRID PROTOCOL, TRADEMARK LAW TREATIES, WIPO, PCT, NAFTA
The United States Patent and Trademarks Office (USPTO) is administered by the United States Department of Commerce.
REGISTRATION AND PROTECTION OF TRADEMARK IN USA.
1. NATIONAL REGISTRATION : Within the territory of the UNITED STATES OF AMERICA
2. MADRID SYSTEM Concerning the international registration of trademarks.
Please refer our guide on international protection under Madrid System.
Also Note that Trademarks are protected in the following Islands along with United States of America provided trademark applications are filed through the USPTO:
2. Northern Mariana Island
3. Marshall Island
5. American Samoa
7. US Virgin Island
Following Indication may be used as trademarks in the USA:
• Word Marks, Letters
• Configuration of an object
• Combination of these items
(A) Information to be included in the Application:
Applicants should bear in mind that the following will not be registrable as trademarks in the United States of America:
It is highly advisable to conduct a search of the proposed mark to ensue that a similar marks has not been applied for by other contenders and is not pending registration or already registered.
A mark need not be registered with the USPTO in order to establish rights in the mark. However, registration offers a range of benefits, hence registration is highly recommended, The symbols TM & SM on the marks can be used even without applying for registration with the USPTO, however, the symbol R, is to be used only USPTO registered the mark.
Once the trademark application is filed, the USPTO determines that all the filing requirements are met.
If the trademark application is in compliance with all the requisites and has overcome all the objections of the examiner, it is published in the USPTO's official gazette
In the event the trademark application does not encounter any opposition it proceeds for registration.
Types of Usage of the Marks:
In the US, registration of marks is based on the following types of usage:
i. Actual, that is current use
ii. Intent to use
iii. Foreign / International Registrations.
For quotation: firstname.lastname@example.org