What needs to be done after registering a trademark in US?
There are more than 325, 946 trademark applications were filled with the U.S. Patent and Trademark Office (USPTO) in the first half of 2020. The number has already increased by 10 percent in trademark applications in this year. Most of the applicants are entrepreneurs and small-business owners who want to seeking for protection of their intellectual property rights. And if you think of registering a trademark or have already done so is the final step, you might be wrong. There are few things you need to understand and must do after the registration process is complete.
Use ® symbol
Even though you are not required to do so, it is advisable to place the ® symbol on any products and services registered in conjunction with your mark. The ® shows that you have already registered your trademark with USPTO and have legal rights to use it.
Always remember that you can only use your mark while the registration is in valid. In case, your trademark is expired and you have not yet extended, you may not continue to use it as your own one.
Register your mark with U.S. Customs and Border Protection
The CBP, a bureau of the Department of Homeland Security, maintains a trademark recording system for marks registered with the USPTO. The CBP can prevent the importation of goods that infringe registered trademarks. The bureau examines cargo entering the country to ensure that the importation does not infringe on someone else’s intellectual property rights.
All ports have access to this database and when port personnel see or suspect an importation that they suspect may be an infringement, they can stop it. Last year, there were 23,140 intellectual property right seizures with a retail value of $1.2 billion. The top seized commodities included apparel, accessories, consumer electronics and pharmaceuticals.
There is a fee of $190 to register each trademark with CBP. The price is well worth it. In US, when registering a trademark with CBP, it remains in its database for 20 years. For more information, visit www.cbp.gov.
Sign up for maintenance document reminders.
Unlike copyrights, trademarks can last indefinitely as long as you file all your maintenance documents in a timely manner. The USPTO requires that you file a “Declaration of Use Under §8” between the fifth- and sixth-year following registration. You are also required to file a “Declaration of Use and Application for Renewal Under §8 and §9” between the ninth and 10th year after registration, and every 10 years thereafter.
These declarations are just simple documents keeping the USPTO apprised of any changes to your trademark. If these maintenance documents are not timely filed, your trademark registration will be canceled and cannot be revived or reinstated.
Up until this year, the USPTO did not send trademark owners reminders as to when these documents were due. However, starting this year, the USPTO now sends courtesy email reminders of filing deadlines. At times it’s difficult to keep up with the dates of when these documents are due, so be sure to sign up to receive these email reminders.
Registration owners should use the USPTO’s Trademark Electronic Application System (TEAS) change of correspondence address forms to add and verify email information to ensure receipt of the reminders.
What is the trademark registration fee in US?
– Stage 1: TRADEMARK SEARCH IN USA
Scope of work: Trademark Search | Word Marks | Device (logo) And/Or Word Mark
($US) |
For the 1st class | 100.00 | 170.00 |
For the 2nd class | 80.00 | 145.00 |
Duration | 5-8 days | 5-8 days |
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– Stage 2: TRADE FILING TO TRADEMARK REGISTRATION CERTIFICATE IN USA
Scope of work: Filing Trademark Application To Trademark Registration Certificate | FEE
($US) |
For the 1st class | 680.00 |
For the 2nd class | 555.00 |
Duration | 10-11 months |
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* Note:
– Our Fee for Trademark in USA includes all fees (official fee and legal fee); exclude fee for responding to office action, if any.
– Filing basis (use or intent to use), if based on use, please also specify date of first use in USA and elsewhere around the world and provide evidence of use. In case of “Intent to Use” filing basis, proof of use shall be filed when the trademark is accepted. We will further charge US$ 295 per application for the first class and US$ 230 for each additional class.
– You are able to ask for an extension every six months (for up to 3 years) from the accepted date in case you could not provide the proof of use before the deadline.
You could visit here to see Procedure of USA Trademark Registration.
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