Trademark Registration in the USA

Trademark registration allows you to prohibit the sale of goods/services in a niche, using the same words, phrases, and logos used by you and avoiding counterfeiting, copying by competitors, as well as blocking in the context of marketplaces.

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Trademark Registration Procedure in the USA:

1.Search by ТМ and selection of classes

Providing a list of goods, names/images of TM. Determination of the number of TM classes based on the search results

 

2.Gathering of information

List of goods for which TM will be registered, name/image of TM, applicant’s or company’s data, link to listings/website

 

3. Filing an application

Filing a Trademark Application with the U.S. Patent and Trademark Office

4. Receiving a certificate

Receiving a certificate of successful Trademark registration

Benefits of TM
registration with 4B

Free consultation with an intellectual property lawyer

During Trademark registration, you will receive answers to your questions from an Intellectual Property Lawyer, if necessary.

Cases with Amazon, Starbucks, Whirlpool, Chanel

Our cases include settling pretrial disputes and recovering monetary compensation in favor of the client, with well-known brands such as Amazon, Starbucks, Whirlpool, and Chanel.

Refunds on denial of registration

If the results of our search were a 75-100% probability of registration and the Trademark was rejected, we will refund your money for our services.

There have been no such cases.

Fixed price services

4B company has a fixed rate for services and you know the final cost of trademark registration in advance, without hidden fees and additional costs.

Benefits of TM registration in the USA

 

In addition to the opportunity to earn additional income in the form of payments (royalties) for the use of your trademark by other sellers, you also get:

EXCLUSIVE RIGHT OF USE

With TM you get protection against copying, counterfeiting, and illegal resale by both competitors and factories where the production is located

ADDITIONAL BUSINESS VALUE

With TM you get protection against copying, counterfeiting, and illegal resale by both competitors and factories where the production is located

ADDITIONAL BUSINESS VALUE

A trademark on a product/service line can eventually be called a brand, which causes more confidence in the customer. If it comes to selling a business, having a TM with a long lifespan will increase its value

POSSIBILITY OF RECEIVING MONETARY COMPENSATION

If your intellectual property rights are infringed, you can recover monetary compensation from the infringer both through court and pretrial resolution of the situation.

Particular benefits for Amazon entrepreneurs:

Blocking competitors on Amazon,
eBay and other marketplaces

If you see a seller on the marketplace using your trademark, selling identical merchandise, you can file a complaint of the infringement of your rights with a TM registration number. Amazon will then block the seller from selling the merchandise.

Opportunity to get
Amazon Brand Registry

Confirmation of the availability of the trademark by the marketplace. Features of the Brand Registry:

• extended listing design (can be visually approached to the appearance of the site);
• use of photo and video content;
• extended interface of the advertising cabinet;
• ability to block hijackers.

The economic
benefit of the service

4B company takes a fixed rate for services, and you know the final cost of trademark registration in advance, without hidden fees and additional costs.

We do not charge an additional hourly payment for:

  • answers to formal inquiries of the expert (in case of preliminary refusals in registration);
  • communication with an expert of the Patent Office;
  • consultations with the client.

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We can help you understand several crucial issues related to the choice of classes for TM registration.

We can also help you understand additional TM issues explicitly related to your company and business.

What does the service include?

Full TM registration

Application for the use of TM with your samples

(separately $200 + state fees)

Notifications of registration stages

Free consultation with an IP lawyer

(separately $150)

An answer to a simple office action

(separately $250)

Answer to a complex office action

(separately $600-$1000)

The cost of services – $850

Savings with a complex order of services for TM registration – from $1200

Why should not trademark
registration be delayed?

Trademark is an asset that does not require additional funds for maintenance, does not have any obligations to the state authorities, but, as you can see, pays for itself from the first days of filing for registration.

Registration by competitors

It is common practice when competitors (especially on the marketplace) see active growth in sales and register your brand name for themselves. In this case, if you miss the opposition period, during which you can appeal against the misappropriation of the TM, it will be complicated and costly to cancel the registered trademark.

Registration by factory

Also, we are often approached with the problem that the factory, where the client produces the goods, independently submits to register TM and then requires additional payment for the goods (royalties).

Competition on marketplaces

Blockages on marketplaces on fictitious applications of competitors mean competitors in unfair competition make fictitious complaints about your product/account. You can refute the complaint only if you have a registered trademark or a trademark in the registration process.

If this is not the case, you lose the ability to withdraw funds, and you lose potential sales every day of a blocked account.

Presence of similar TM

The presence of an identical, similar trademark when there was no preliminary search during the creation of the brand (naming) is not a rare case. And after the production of a batch of goods with the applied trademark or shipment of goods to the warehouse, and often after long-term sales, it turns out that the trademark name violates someone’s rights by similarity or identity.

The easy outcome is when you will be allowed to sell the product with a royalty payment; in the worst-case scenario, you will be banned from selling the product and charged monetary compensation.

Registration deadlines

Terms of registration – there is no statutory provision for expediting trademark registration in the United States. If there are problems with infringement of your rights, or you need proof that you are not infringing anyone’s rights, you will need to wait for the end of the registration. Therefore, it is worth providing for in advance.

Amazon Brand Registry

Additional features of Amazon Brand Registry, if considered in terms of Amazon Marketplace:
you get additional functionality, which helps distinguish your product from other sellers and increase sales, thereby increasing income.

Transfer of listings

Example: now you have listings under the brand Romashka. A year after sales, you apply for registration of the TM and find out that the brand for your products is taken. You apply for registration of the trademark Mak, register the Brand Registry, and then try to connect the existing listings to the Brand Registry. Still, nothing works, so you end up contacting support and get the standard answer:

To solve this problem, you will have to do a lot of monotonous work not to lose the information accumulated on the listings for a year of sales.

FAQ on trademark
registration in America:

1. What does the report look like after a Trademark search?

A trademark search is necessary to evaluate the successful registration of a TM. During the search, we check for identical or similar trademarks in the same class according to the NCL (International Classification of Goods and Services). Depending on the search results, we will offer recommendations for further actions: submitting for registration or a list of changes needed for successful registration.

The search report will give you:

• Information about the registered trademarks and those submitted for registration that exactly match your trademark;

• Information about trademarks similar to yours (graphically, phonetically and in spelling) and their analysis with forecasts of possible risks;

• Trademark refinement amendments (if possible, rather than simply creating another one) and other recommendations to increase the chances of successful registration;

• Classification of your goods according to NCL Classification and determination of the number of classes in which the trademark will be registered;

• Estimated percentage of successful TM registration, according to our experts;

• Detailed calculation of the cost of services and state fees.

2. What is a “class,” and how is their number determined?

Classes are groups of goods/services classified according to specific criteria, such as application or manufacturing material.

There are 45 classes in total, 34 – for goods and 11 for services.

Each class has a strict wording and a list of goods included. For example, all types of sports equipment are in Class 28, including kneepads, but medical kneepads are in Class 10.

After you provide the entire list of goods you are planning to register the trademark for, the lawyer will determine the number of classes your product falls under. From practice, it is 1-3 classes on average.

Also, based on the search results, you can submit only a few or one class of goods in the application for TM registration.

But do not confuse classes and categories on Amazon – goods from the same category do not always belong to one class.

3. Common reasons for refusing to register a trademark

1. Presence of an identical trademark.
2. Presence of a similar trademark:

• sound the same in conversation;
• outwardly similar;
• have the same meaning in translation;
• create the same overall commercial impression.

4. How to increase the success of TM registration?

It is best if your trademark name is fictitious and does not contain names, surnames, and well-known names.

5. The best choice for trademark registration: an individual or a legal entity

Trademarks can be registered for both an individual and a legal entity.

In the first case, if you have a company, the trademark will be part of the expense you pay royalties for.

The second option is suitable for those “building” a brand or considering selling the business in the future. Then the trademark for the company will increase the overall value of the business.

6. Who can register a TM in the USA?

Only residents can register a trademark in the United States on their own. If you are a resident of any other country, you need to use the services of a lawyer – such are the requirements of U.S. law.

It is not a secret that some freelancers take on such TM applications by nonresidents and list you as a U.S. resident. In such a case, the patent attorney may ask for a utility bill as proof of your residency in the United States.

Also, you will have to monitor the registration process, as it is you who will receive all notifications from USPTO. In that case, you should prepare answers to the Office action.

7. Can a competitor register my TM for oneself?

In the U.S., unlike in other countries, there is a priority right. So, if you started using a trademark (without registering it) before another representative, you have a priority in submitting it for registration.

In case a competitor wants to file your trademark for registration, you will have 30 days from the date of trademark publication to file an objection to such a trademark since you initiallly started using it.

Unfortunately, this right exists only in the United States. Be careful when a product starts to be actively sold in one country; it is worth checking whether someone is registering your trademark in another country. It is unlikely to dispute such registrations.

8. Will a trademark help me to fight with my competitors?

A trademark protects intellectual property rights and makes it possible to prohibit the sale of identical goods or copies.

It happens through litigation. You can file a complaint about violating your rights in the marketplaces, and shortly, it will be accepted.

9. Does copyright registration in the USA give me protection in other countries?

Trademarks, like patents, have local force and protection; thus, they are legal only in the country where registration is obtained.

Therefore, to get trademark protection in the country you do business under that brand name, you should register it there.

You have an opportunity to register a TM in several ways:

• Directly file an application with the Patent Office of the country where you want to get protection.

• Use the Madrid system (according to the Madrid Agreement, you can apply to 123 countries at the same time, without paying state fees separately in each).

10. Which type of trademark is more profitable to register?

Apply for trademark registration in black and white – this secures your right to use the TM on the goods in different colors.

If you file the trademark in red, you will not be allowed to use it in black.

We recommend using the standard Times New Roman font. It will allow you to change the font of your TM in the future, resorting to italics and other designs.

If you change the design font used during registration in several years, you will have to register a new TM.

Verbal trademark is the most common type of TM and has no pitfalls.

Graphic – if we talk about Amazon, you cannot get a Brand Registry for such a trademark.

Combined is a trademark that is both verbal and graphic.

It would seem the best option, but such a trademark can only be used jointly. It is impossible to separate the inscription and additional elements. You have to register graphic and verbal trademark separately to do this.

Free consultation with 4B lawyer for TM registration service in the USA

Before registration, you can take advantage of the free consultation with a lawyer, where you can tell more about your product and the purpose of registration if any, and discuss the nuances of your specific situation.

At the consultation you will get detailed answers to all your questions, you will understand the registration procedure in detail, as well as get clarifications on the registration, which you might not have been aware of before.

4B is a reliable partner in protecting your rights in global markets and global marketplaces
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Reviews of our work

ARTVOOM

Thank you very much to 4B companies for the fast feedback, after the first conference, which discussed all the details, company 4B immediately applied for a trademark in the USA.so, I can advise them on services.

ARTVOOM

Vorwarts Pharma SIA

We have been working with the company 4B since 2019. We contacted the company with a request to build an algorithm for entering the German market via Amazon Marketplace. We received a highly qualified consultation from Andriy Matyash about all the legal and tax issues that accompanied our project.

Particularly nice that after the consultation the 4B employees Lidia, Victoria, Oleksandr were just “by hand” accompanied and helped us in all phases of our project — registration and verification of Amazon seller account, registration of VAT and trademark registration in Germany. Today 4B is providing quality tax reporting for our company in Germany. We are very grateful to 4B for their professional help and just pleasant communication!

Vorwarts Pharma SIA

COOTICO LLC

I have been working with 4B for 1 year and my partner for over 3 years. And so far there was not a single situation in which they could not help us.

I really like their comprehensive approach, especially launching a new brand, when you do not want to waste time on bureaucracy and filling out hundreds of forms. Trademark, LLC, accounts, everything is done quickly and seamlessly.

COOTICO LLC

Enjoy The Wood

In 2020, we needed a company to launch on Kickstarter, and that’s how our collaboration with 4B began. We first registered the company in the United States, then in Estonia to work with the European market.

Today, 4B supports the administration of our Sales Tax numbers in 10 states. Administers VAT in the UK and Germany.

We have registered two trademarks and are closing all intellectual property issues together with 4B’s lawyers.

We are happy to work with 4B primarily because of their immersion in the client’s activities, finding individual solutions and constant communication. Currently, with the 4B team, we can resolve all of our issues on the legal or accounting side.

Enjoy The Wood

UNIQANTIQ

We have been working with the 4B Legal Team for more than 3 years.

When we were starting a business on Amazon, we immediately turned to 4B specialists for trademark registration, and six months later we registered a company.

One of the company’s advantages is the provision of a full range of support services to support foreign companies. This includes the preparation and submission of financial and tax reports required to meet the requirements of local government agencies, as well as, in some cases, for the timely payment of taxes.

We also approached 4B for Sales TAX service.

Given the desired result obtained by UNIQANTIQ, we can confidently recommend 4B as a reliable partner for legal support of business.

We appreciate our cooperation with 4B as successful and mutually beneficial, we wish you professional success and prosperity.

UNIQANTIQ

COLLAR Company

We are completely satisfied with the service of company 4B. For many years we are cooperating and wouldn’t trade. We treasured the most that guys support accounting, consult on taxes, and help with registration TM in the USA and UK.

The company is extremely professional, it’s easy to communicate, and what especially I like the most, is that they can solve ANY problem. It’s not a big deal for them. Here you won’t find toxic people, I assure you! Highly recommend 4B for solving any legal issues for business.

COLLAR Company

Why should you choose us?

4B law company has been on the market for 8 years. We do not “do everything,” which means a narrow focus and knowledge of the intricacies of specific niches.

We provide services for 3 areas:
• e-commerce;
• IT companies;
• manufacturers-exporters.

Guarantee of full refund for the company’s services in case of refusal to register an intellectual property object.