Expanding your company to the United States can be a fundamental step towards the global growth of your business. But before you start selling or providing services in the country, it’s essential to ensure your brand is protected. In this article, you will understand what trademark registration in the USA is, why it is important, how the process with the USPTO works and how Drummond Advisors can help you on this journey.
What is a trademark?
A trademark is any distinctive sign that identifies and differentiates products and services in the marketplace. It can be represented by names, logos, symbols or other visual elements that distinguish a company’s products and services from its competitors.
Why register your trademark in the USA?
Registering a trademark in the United States is the only way to ensure national legal protection. Here are the main benefits:
- Exclusivity of use in the jurisdiction of registration;
- Protection of the investment made in developing the product or service;
- Presumption of legality, i.e. it is presumed that your trademark does not infringe the rights of third parties;
- Possibility of using the ® symbol, which demonstrates to the market that the trademark is legally registered.
In addition, registration strengthens your position in legal disputes and increases the value of your business for commercial and strategic purposes.
Where is trademark registration done in the USA?
The process of registering a trademark in the USA is carried out at the United States Patent and Trademark Office (USPTO), the body responsible for analyzing and granting registrations.
Requirements for registering a trademark in the USA
To register your trademark in the United States, you need to meet some basic requirements:
- The trademark must be sufficiently distinctive;
- It must not be liable to confusion with already registered trademarks;
- There must be a clear specification of the associated goods or services;
- Applicable government fees must be paid;
- Depending on the legal basis chosen, proof of use of the trademark in the American market must be presented, either in the initial protocol or when it is approved for registration.
Important: it is not necessary to have a company incorporated in the USA to register a trademark locally.
Types of trademark application in the USA
The USPTO allows two types of legal basis for the application:
- Actual Use: applicable when the trademark is already being used in the USA. Proof of use must be provided at the time of application.
- Intent to Use: for trademarks that are not yet in use. Use must be proven after the registration has been approved.
How Drummond Advisors can help you
Our specialized legal team carries out
- Feasibility surveys to check the availability of the desired trademark.
- Strategic support to choose the most appropriate legal basis (Actual Use or Intent to Use).
- Selection and validation of proofs of use accepted by the USPTO.
- Determination of the classes applicable to your products or services.
- Complete conduct of the process, including interactions with the USPTO, compliance with requirements and defense of registrability.
- We work without intermediaries, from the beginning to the end of the process, guaranteeing agility, security and clarity at every stage.
Do you want to register your trademark in the USA with security and legal backing?
Get in touch with Drummond Advisors using the available chat and speak to one of our specialists.
Written by Fernando Borges, Associate at Drummond Advisors, and Marcos Ferreira, Content Analyst at Drummond Advisors
Read also: https://drummondadvisors.com/lp/registro-de-marca-nos-estados-unidos/