Register a Trademark in the US
>>>Must-have trademark for every serious Amazon seller<<<
US trademark registration process is probably one of the most complex. We know all the little tricks to register your US trademark quickly with the lowest risk of getting a complex objection. With the multitude of forms to navigate, you can trust our firm’s experience for your US trademark filing needs.
Important highlights about the US trademark registration process:
Your trademark is reviewed on absolute and relative grounds and it can be refused if there is a similar mark or if the mark is descriptive or deceptive.
There is a Supplemental Register in the US so if your trademark is descriptive or a common surname you can still register it (unlike in many other countries).
Trademarks on the Supplemental Register will NOT allow you to get in the Brand Registry.
Objections are very common. The best way to minimize one is to do a proper search and file an application without any errors.
You need to submit proof of use for your products/services before your trademark registers; however, you can file a trademark based on an intent-to-use basis, aka “future use”.
Opposition period is only 30 days.
Trademark registration process is about 9-11 months if everything goes well.
Trademark registration process often takes a much longer time especially if an objection is received or if applicant is unable to file a Statement of use in time.
We have great US attorneys, who work with us on a contract basis. We will be able to handle all aspects of trademark registration in the US, except opposition and litigation. If we are unable to help, we have a large network of capable attorneys and will gladly refer you to one who will be able to help.
Pricing of Our Packages
The prices are in USD$ for the US
- Covers filing your application and reporting the progress all the way to registration. 2 classes included. This is our entry-level package.
- Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections and free re-filing.
BELLS AND WHISTLES
- Covers all aspects of trademark registration, including responding to all examiner’s objections and free re-filing. More free extras.
Details about pricing packages
Government fees are not included in our packages and are extra
- Upgrade “SAIL THROUGH” package to “ALL IN” package
- Upgrade “SAIL THROUGH” package to “BELLS AND WHISTLES” package
- Upgrade “ALL IN” package to “BELLS AND WHISTLES” package
There are 3 ways how you can proceed:
- Book an initial phone call with us. Here is the link.
- Ask for a free preliminary trademark search to get an idea whether your trademark can be registered. This is a basic search but if your mark is unregistrable, we’ll be able to tell you. Order your search here.
- Buy a trademark package right away to start the trademark registration process without further delay. You can see our pricing on this page and can buy directly from our website.
What happens after I buy a trademark package?
- We’ll confirm your order.
- We’ll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations how to increase chances of achieving registration if your trademark turns out to be problematic.
- If your trademark is registrable, we’ll move forward with the trademark registration process.
- If your trademark has low chances of achieving registration, you will have 3 options:
- Ask for a full refund;
- Come up with a different name. We will provide detailed instructions for this. Further trademark searches are included in the package and there is no extra cost. We’ll keep searching until we find a registrable trademark;
- Proceed with the filing anyway.
The choice is yours. Make the first step now.
To open in a new tab, click: How does the process work with Trademark Angel? What happens after I buy a trademark package?
As of August 3, 2019, the United States Patent and Trademark (USPTO) now requires foreign domiciled applicants (read: non-US applicants) and registrants to appoint a US attorney on all US trademark filings and representations before TTAB. We work with a few trusted US attorneys so can file and take over your recently filed trademark applications. If you filed yourself, we can take over your application and appoint a US licensed attorney, at no cost to you.
Since this is how we always filed, our fees remained the same unlike many other firms that increased their fees following the introduction of this new rule.
In every country where we file, a licensed attorney or trademark agents submits your trademark application so that you get proper legal representation.
To open in a new tab, click: Who will file my trademark application?
Geographically descriptive trademarks are generally not registrable on the Principal Register in the US.
The USPTO attorney will use the following test to determine if a trademark is geographically descriptive:
- The trademark is the name of a geographic location
- The products or services come from the placed identified by the trademark or are made in the pace named in the trademark
- Potential customer would be likely to believe that the products or services originate in the geographic place identified in the mark
However if the place is not known or very remote, the public is unlikely to make this association.
Tip: If your trademark is geographically descriptive, and you cannot change or add another word to make it not descriptive as a whole there is one trick you can do. In order to reduce the risk of getting an objection from the Trademarks Office it’s best to file a trademark that may be considered geographically descriptive as a combined logo (Meaning word mark plus an image).
For example, NOOGA OUTDOORS was considered to be unregistrable on the ground that “NOOGA” is a commonly used nickname for Chattanooga, Tennessee and the term “OUTDOORS” does not diminish the mark’s primary geographic significance. However, the same trademark didn’t receive a geographically descriptive objection when it was filed a combined logo: because as a whole it was no longer just geographically descriptive as it also contained other graphic elements (mountains, dumb-bell and circle).
Likewise, MICHIGAN BRAIN HEALTH for medical clinic services would be considered geographically and overall descriptive but would be registrable on the Principal Register (with a disclaimer of “Michigan Brain Health”).
A trademark that will most likely be refused by the USPTO as being geographically descriptive and therefore not registrable on the Principal Register (and not eligible for Amazon Brand Registry) may go through in the UK.
We can help you to identify if your mark would be considered geographically descriptive and will help to make suggestions how to avoid this refusal.
To open in a new tab, click: What are geographically descriptive trademarks in the US?
Every trademark application must list the specific goods and services that the trademark will cover.
Products belong to classes 1 to 34. Services belong to classes 35 to 45.
Products are tangible, you can touch them. Services are intangible.
Below is a rough classification (class headings) just to give you an idea of general categories (please note that the below list cannot be used for trademark filing)
Class 1: Chemicals (including those used in agriculture, industry and science)
Class 2: Paints, coatings, varnishes, colorants for food.
Class 3: Cosmetics, creams and serums, cleaning products including soap and shampoo, bleaching and abrasives, non-medicated toiletry preparations, false eyelashes, essential oil, perfume
Class 4: Fuels, industrial oils, greases, lubricants, candles
Class 5: Pharmaceutical and veterinary products, food supplements and vitamins, baby food, disinfectants, fungicides, herbicides, plasters, dental wax
Class 6: Metals, metal castings, metal hardware, metal containers, locks, safes
Class 7: Machines and machine tools and their parts, motors and engines (except for land vehicles)
Class 8: Hand-operated tools and implements, razors, cutlery
Class 9: Computers, computer hardware, computer cables, cell phones and cell phone cases, data carriers, computer software, downloable publications including e-books, videos and podcasts
Class 10: Medical and dental instruments and apparatus, massage apparatus, sex toys
Class 11: Products for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes including lamps and kettles
Class 12: Land, air and nautical vehicles, motors and engines for land vehicles
Class 13: Firearms, ammunition, explosives, fireworks, holsters
Class 14: Precious metals, watches, jewellery
Class 15: Musical instruments
Class 16: Paper, items made of paper, stationery products, artists’ products, printed products including photographs, stickers, notebooks, party ornaments of paper
Class 17: Rubber, asbestos and plastic Items, pipes and tubes
Class 18: Leather and leather goods, bags, wallets, animal apparel, collars and leashes for animals
Class 19: Building and construction materials (non-metallic), non-metal monuments
Class 20: Furniture, mirrors, picture frames, storage containers not of metal, party ornaments of plastic
Class 21: Kitchen utensils, crockery, containers, cleaning implements, toothbrushes
Class 22: Ropes and strings, tents, nets, awnings, sacks, padding, canvas material and raw fibrous textile material
Class 23: Yarns, threads
Class 24: Textiles, fabrics, blankets, covers, towels
Class 25: Clothing, footwear and headgear
Class 26: Sewing products, lace and embroidery, artificial flowers, hair decorations like ribbons, false hair
Class 27: Carpets, linoleum, wall and floor coverings, wall hangings
Class 28: Sports equipment, video game apparatus, games, toys, Christmas decorations
Class 29: Dairy products, meat and fish, processed and preserved foods, including dried, frozen and cooked fruits and vegetables, milk, eggs, edible oils and fats, jamps, jellies
Class 30: Staple foods, spices, bakery products, confectioneries, tea, coffee
Class 31: Fresh fruit and vegetables, live animals, animal food, seeds, fresh herbs, plants and flowers
Class 32: Non-alcoholic beverages, preparations for making beverages, fruit juices, beer
Class 33: Alcoholic beverages, except beer
Class 34: Tobacco products and smokers’ articles, matches, electronic cigarettes
Class 35: Retail services including online retail store, advertising, business consulting, business management
Class 36: Insurance and financial services, real estate services
Class 37: Building construction, repair and maintenance services, installation services
Class 38: Telecommunication services, broadcasting services including video broadcasting
Class 39: Transport, logistics and storage, travel services
Class 40: Treatment of materials, custom assembly, recycling and waste management
Class 41: Education services, including arranging and conducting educational classes and seminars, entertainment services, book publishing, organizing exhibitions and conferences
Class 42: Saas and Paas services (Software as a service and platform as a service), IT services, software development, graphic design services, website development, scientific and technological services
Class 43: Restaurants, cafes, hotels, catering services
Class 44: Medical services, hygienic and beauty care services, dental services, veterinary services
Class 45: Personal and social services, legal services, security services
For a more in-depth discussion read this article: Taking Advantage of the Trademark Classification
To open in a new tab, click: Classification of Goods and Services in a Trademark Application (class headings)
Initial trademark search
The team at Trademark Angel strives to make the trademark registration process as cost- and time-efficient and smooth as possible. For this reason, we offer to conduct a free trademark search for your proposed mark to give you an idea of how registrable your mark is in the country/countries you’d like to file.
We have talked extensively about benefits of doing an initial trademark search in other articles. In short, failing to search for similar marks prior to registration is quite risky and can result in additional business expenses that could have been avoided. For example, we have aided several clients who came to us after starting the process themselves, without conducting a thorough trademark search. These clients had already paid for products or packaging that displayed a mark that ultimately could not be registered as there were registered marks that were too similar to our clients’. These products and/or their packaging then had to be completely re-branded at great expense. This could have easily been avoided by an initial trademark search.
For more information about trademark searches, feel free to check out this article: Why conduct a trademark search?
Preparing your application
If the search results are positive and the mark looks registrable, we can start preparing your trademark application.
To help us prepare your application, we’ll need to know:
- Who the trademark owner will be
- If we are filing for your word mark or your logo (we usually make suggestions during the search)
- What goods and/or services you’d like to include, and
- If you’d like to file under intent to use of your mark or actual use of your mark
Intent to use vs Actual use
If you are already selling your goods or offering your services in the US, you can file for those goods and/or services under “actual use.” To prove your claim of actual use, you will need to provide what is called a specimen – in other words, an unedited photograph – which clearly shows your mark on the goods and/or services or the product packaging. A specimen is required for each class of goods/services you file for. In addition, you will need to provide the date of your first out-of-state sale if you are a U.S. citizen, or the date of your first sale in the U.S. if you are a non-U.S. citizen.
If you are filing for goods and/or services you plan to sell in the near future, you will file for those goods and/or services under “intent to use.” After your application has received a “Notice of Allowance” (see below), you will be required to file a Statement of Use attesting to the fact that you have started using your mark on all of the goods and/or services listed in your application.
To read what’s required in order to file a trademark application, please check this post: What’s required in order to file a trademark application in the US?