The United States are one of the most sought-after countries for trademark registration, with 2.8 million active trademark registrations as of 2021. The high level of brand competitiveness has resulted in modifications to the trademark process that are indeed very unique to the US.
The most important difference, from which many others stem, is dividing applications into the ones where the brand is already actively used in commerce and the others that, at the time of filing, only have the intent to be launched in the market. The applicant has to demonstrate the use in commerce by submitting a so-called specimen, proof of use of the mark in the US market. Another evidence has to be submitted in Year 5 after a successful registration.
Other specificities include (but are not limited to) a very short length of the opposition window compared to other countries (only one month), outright stopping applications in case a likelihood of confusion has been found (compared to other jurisdictions that merely inform the owners of such marks but don't stop the application) and being a first-to-use country where rights are assigned to the entity first using the mark in commerce instead of the entity first applying for the trademark.
When seeking to register a trademark in the US, it's essential to know about these specifics to avoid potential complications or application dismissal.
Below you can find some of the frequently asked questions about trademark registration in the US.
Is trademark registration needed to sell products in the USA?
What's the difference between the use-in-commerce and intent-to-use basis?
What sales do I need to make to satisfy the in-commerce requirement?
Should I file my trademark on an intent-to-use basis or wait until I start selling?
Does priority filing also give you a longer time to demonstrate the Use in Commerce in the US?
What if I received the Notice of Allowance but can't prove the use in commerce yet?
A US trademark is valid for 10 years; are there any other costs or annual fees during that period?
What are the most common grounds for application dismissal by USPTO?
How does the USPTO act in case of a likelihood of confusion?
If I apply for a US trademark and there is an objection from the USPTO, what happens next?
What's the difference between registering a trademark through USPTO and WIPO?
Is it our US-registered or UK company that should apply for a trademark in the US?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
