How to register a trademark in the USA?

The process of registering a trademark in the USA is one of the most common concerns among entrepreneurs and inventors in Miami. All the effort put into growing a business can be focused on increasing the value of a brand, especially as it becomes more well-known. Hence, the importance of properly owning the intellectual property of the brand.

A few months ago, we explained how to register patents in the USA. Today, we are going to focus exclusively on trademark registrations.

Why register a trademark in the United States?

Registering a trademark in the USA ensures the exclusive use of it in the market and sector for which you have registered it. Investments in advertising featuring your trademark will no longer be an expense but will become an investment in the growth of the registered brand. If the trademark is not registered, others could use it, and your money would be wasted.

How can I find out if my trademark is registered?

Before starting production, even before defining a brand, it is crucial to ensure that the brand is available for the type of product or service you intend to offer. To register a trademark in the United States, you can perform an initial search on the USPTO and use a free trademark search tool, which allows you to view brands that may coincide or be similar to yours.

Who can use a registered trademark in the United States?

You must understand that there are classes for trademarks, which is a list of products and services grouped into classes or categories of trademarks. When registering a trademark in the USA, or anywhere in the world, it is crucial to include in your registration the trademark classes that pertain to your present and future products and services. For example, if you are registering the trademark 'Let's Prototype,' it is essential to study the trademark classes that include the engineering and product development services we offer. This way, no other engineering or product designers can use our registered trademark in the USA to offer similar services.

What are the steps to register a trademark in the United States? 

1. 1. Define the trademark to be registered in the United States. Both the name and the description of services or products. This way, we can determine the trademark class that corresponds in each case.
   2. Trademark eligibility. It is advisable for a patent and trademark attorney in the USA to confirm the eligibility of the trademark for registration in the United States. This will ensure that it is not a generic name that, far from providing protection, exposes the business to a risky situation.
   3. Definition of classes and uses of the trademark to be registered in the United States. In addition to defining the trademark classes based on the type of product or service, the various uses of the trademark, including slogans, geometric shapes, colors, and key characteristics of the trademark, will be defined for registration in the United States.
   4. Search for registered trademarks in the United States. Using the previous steps as a reference, real opportunities for registering a trademark in the United States will be checked. The trademark search will specify the classes and intended uses of the trademark to be registered.
   5. Register a trademark in the United States through USPTO. The USPTO platform is very dynamic, well-documented, and user-friendly. You can submit the trademark registration yourself, although it is highly recommended to seek advice from an expert in U.S. trademarks. This will help you avoid mistakes and, at the same time, save time and money.

How long does it take to register a trademark in the United States?

If everything goes well with the 5 steps to register a trademark in the United States, you will likely receive a firm response from the USPTO between 8 and 12 months. After that, the duration of trademark protection is 10 years.

What happens after the first 10 years of registering a trademark in the United States?

Trademarks registered in the United States have a protection validity of a decade. However, if you complete the trademark renewal application and pay the corresponding fees, you can renew it for successive periods of 10 years each. The renewal of trademark registrations can be requested 12 months before expiration, and there is no limit to the number of times it can be renewed.

If you want to start registering a trademark in the United States today, you just need to contact us, and we will find the best options for you."

If you want to learn more details about the concepts shared on how to register trademarks in the USA, or if you want to discuss with our team dedicated to inventors, all you have to do is schedule your first appointment HERE.