USA Trademark Registration
Effective January 18, 2025, the USPTO will no longer offer the separate TEAS Plus and TEAS Standard options. Instead, there is a single base application fee per class of goods or services. Additional surcharges may apply for incomplete applications or for using custom descriptions not found in the Trademark ID Manual.
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USA Trademark Registration for Indian Citizens
Expanding your business to the United States requires protecting your brand identity. Trademark registration in the USA is a crucial step for any Indian national or enterprise looking to enter the American market. While a trademark can gain common law rights through use in commerce, formal registration with the United States Patent and Trademark Office (USPTO) offers significant legal benefits and nationwide protection.
At FileMyFirm, we specialize in assisting Indian individuals and companies with the complex process of obtaining USA trademark registration. Our experienced legal team provides a streamlined, hassle-free service to protect your brand in the world’s most competitive market.
Key Benefits of U.S. Trademark Registration
Registering a trademark in the U.S. provides a strong legal foundation for your brand:
- Nationwide Legal Protection: A registered trademark gives you the exclusive right to use your mark across the entire United States, preventing others from using a similar mark for related goods or services.
- Deters Infringement: A registered trademark and the use of the ® symbol serve as a powerful deterrent to potential infringers.
- Establishes Ownership: It provides public notice of your ownership, which is crucial in preventing and resolving disputes.
- Access to Federal Courts: A registered trademark allows you to file a lawsuit in federal court to enforce your rights.
- Customs Recordation: You can record your trademark with U.S. Customs and Border Protection to prevent the importation of counterfeit goods.
Eligibility and Requirements for Indian Applicants
Indian individuals and businesses are eligible to apply for USA trademark registration, but they must meet specific requirements:
- U.S. Commercial Use: The goods or services associated with the trademark must be used in U.S. commerce (either already in use or with a “bona fide” intent to use in the near future).
- USPTO Application: The application must be filed with the USPTO.
- Distinctiveness: The trademark must not be generic, merely descriptive, or confusingly similar to an existing U.S. trademark.
- U.S. Attorney Representation: As of August 3, 2019, all foreign-domiciled applicants, including those from India, are required to be represented by a U.S.-licensed attorney in all trademark matters before the USPTO.
The USA Trademark Registration Process
The process to register a trademark in the USA from India can be complex, but with expert help, it can be a smooth journey:
- Trademark Search: We begin with a comprehensive USA trademark search to check for potential conflicts and ensure your desired mark is available. This is a critical step to avoid future legal disputes.
- Filing the Application: We will file your application with the USPTO. We determine the appropriate trademark class based on the International (Nice) Classification system and prepare all necessary documentation.
- U.S. Attorney Representation: As required by the USPTO, we facilitate the hiring of a qualified U.S.-licensed trademark attorney to represent you throughout the process.
- Examination and Response: A USPTO examiner will review your application. If they have objections (known as an “Office Action”), we will work with your U.S. attorney to prepare and file a timely response within the specified timeframe, which is typically three months.
- Publication: Once approved, your trademark is published in the Official Gazette for a 30-day opposition period, allowing third parties to object to the registration.
- Registration Certificate: If there are no oppositions or they are successfully resolved, the USPTO will issue your official trademark registration certificate.
FileMyFirm: Your Trusted Partner for U.S. Trademarks
At FileMyFirm, we provide end-to-end support for Indian businesses seeking USA trademark registration:
- Expert Consultation: We offer personalized guidance to help you understand your options and choose the right strategy for your brand.
- Comprehensive Services: From initial trademark search to application filing, objection handling, and renewals, we manage every step of the process.
- Experienced Network: We connect you with a qualified U.S. trademark attorney to ensure your application meets all legal requirements.
- Transparent Pricing: Our services are offered at affordable USA trademark registration costs, with a clear breakdown of fees.
Protect your brand’s future in the United States. Contact FileMyFirm today to begin your USA trademark registration journey.
Frequestly asked questions ( FAQ )
USA Trademark Registration with the United States Patent and Trademark Office (USPTO) grants the owner nationwide legal protection and the exclusive right to use the mark across the entire United States. For foreign entities, including Indian businesses and nationals, it is a crucial step to formally establish ownership, prevent the importation of counterfeit goods (via U.S. Customs recordation), and gain access to federal courts to enforce their rights.
To be eligible, Indian individuals and businesses must meet two specific requirements:
U.S. Commercial Use: The application must be based on either the actual use of the mark in U.S. commerce or a “bona fide” intent to use the mark in the near future.
U.S. Attorney Representation: As of August 3, 2019, all foreign-domiciled applicants, including those from India, are mandatorily required to be represented by a U.S.-licensed attorney in all trademark matters before the USPTO.
These two terms refer to the filing “basis” of the application:
Use in Commerce: This basis is used when the mark is already in use for the specified goods or services within the United States market (e.g., in inter-state commerce).
Intent to Use: This basis is used when the applicant has a good faith belief (bona fide intent) to use the mark in the U.S. in the near future, but has not started using it yet. Registration is granted only after the applicant provides evidence of actual use.
The process involves six key steps:
Trademark Search: Conducting a comprehensive search to check for potential conflicts.
Application Filing: Filing the application with the USPTO, correctly determining the trademark class and filing basis.
U.S. Attorney Engagement: Hiring a U.S.-licensed attorney for representation (mandatory for foreign applicants).
Examination and Response: The USPTO examiner reviews the application. If objections are raised (an “Office Action”), a response must be filed.
Publication: If approved, the mark is published in the Official Gazette for a 30-day opposition period.
Registration Certificate: The final certificate is issued if there is no opposition or if any opposition is successfully resolved.
Effective January 18, 2025, the USPTO transitioned from offering separate TEAS Plus and TEAS Standard options to a single base application fee per class of goods or services. While the application is electronic, applicants may face additional surcharges if the application is incomplete or if they use customized descriptions not found in the Trademark ID Manual.
If the USPTO Examiner finds any issues with the application (an “Office Action”), the applicant (through their U.S. attorney) must prepare and file a timely response addressing all concerns. This response must typically be submitted within a specified timeframe, which is usually three months, to keep the application alive and moving toward approval.