Many international clients call my law firm to find out just how to register a trademark in the USA. To register a trademark in the USA a company or individual must draft and file an application with the United States Patent and Trademark Office.
While this USA trademark application can be completed by anyone, I highly recommend to potential clients that they retain my firm to complete their trademark application. The reason I recommend retaining a USA trademark attorney to draft and file a trademark application is because there are many technical and legal elements hidden in the USA trademark application. If certain information is not entered correctly, it could lead to rejection of the USA trademark application and loss of any priority established on the trademark.
Moreover, to register a trademark in the USA it is imperative to first conduct a USA trademark search. If a trademark search is not conducted prior to an attempt to register a trademark in the USA a client may not be aware of a pre-existing federal, state or common law trademark that could result either in the rejection of a USA trademark application or in a limitation of the client’s rights in their trademark. Therefore, to register a trademark in the USA I recommend to potential clients that they retain my law firm to assist them in conducting a proper USA trademark search and then for the drafting and filing of the USA trademark application.
Once a USA trademark application is filed, a client must then wait for the U.S. Government to review and approve their application. It generally takes about 8-10 months to register a USA trademark from the date the application is filed. However, so long as the USA trademark application is ultimately approved, the trademark rights start on the date the USA trademark application was filed. Therefore, when a client wants to register a USA trademark to protect their rights, they can be assured that no one will be able to attempt to register a USA trademark that is similar to theirs after the date of their USA trademark application filing.
To get started with the process to register a USA trademark please follow the link below.
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