Process and procedures for trademark registration in the US
Mỹ 
Updated on January 20 
Verified by GLA Experts 
Follow GLA on 
content
- 1. Why should you register a trademark in the US?
- 2. Different types of Trademarks in the US
- 3. Notes when registering for trademark protection in the US
- 4. Procedures and processes for registering trademark protection in the US
- 5. How does GLA support businesses in registering trademark protection in the US?
- 6. Frequently asked questions about trademark registration in the US
Follow GLA on 
Registering a trademark in the US is an important step to help businesses protect their brand from infringement and copying by competitors.
With a large and potential market, owning a protected trademark not only enhances reputation but also opens up sustainable business opportunities.
This article from GLA will guide you through the process of registering a trademark in the US and the benefits that businesses can receive from this registration.
1. Why should you register a trademark in the US?
The US is known as a large market with the presence of thousands of fiercely competitive brands, requiring businesses to make constant efforts to affirm their position.
At the same time, the intellectual property regulations system in the US is extremely strict, aiming to ensure legitimate rights and create a transparent and fair business environment for businesses.
Registering a trademark in the US is not only a strategic decision but also brings many important benefits, helping to protect your brand in the competitive global market:
- Exclusive ownership: A trademark registration is legal evidence confirming your exclusive ownership of the trademark. This helps you prevent counterfeiting and imitation of your brand and protects your business reputation.
- Global protection: A US trademark registration can be used as a basis for trademark registration in other countries through the Madrid system, saving you time and money.
- Increased brand value: A registered trademark will help increase customer trust, create competitive advantage and enhance brand value.
- Right to Sue: If you discover trademark infringement, you have the right to sue in federal court to protect your rights.
- Customs Support: CBP will help you prevent counterfeit goods from entering the U.S. market.
2. Different types of Trademarks in the US
When registering a trademark in the United States, it is important to understand what types of trademarks are acceptable and unacceptable. According to Proposal of the US Trademark Office, USPTO, trademarks can be divided into 2 levels as follows:
2.1. Acceptable trademark types
Strong brands are often creative or unique, helping a business stand out from its competitors. These types of brands include:
- Fanciful trademarks:
- Are made-up words that have no meaning in the dictionary or in common context.
- For example: Exxon® for gasoline, Pepsi® for soft drinks.
- Arbitrary trademarks:
- Are common words that are not related to the product or service being subscribed to.
- For example, Apple® is registered for computers, rather than for apple-related products.
- Suggestive trademarks:
- Are words that suggest a characteristic of a product or service but do not describe it directly.
- For example, Coppertone® for self-tanning products suggests that the skin will have a bronzed glow after use.
2.2. Types of trademarks not accepted
Weak marks are often difficult to protect and are not accepted for federal registration. These include:
- Descriptive trademarks:
- Only describes the characteristics of a product or service without showing its origin.
- In some cases, descriptive marks may be accepted if distinctiveness can be demonstrated after long-term use in commerce.
- For example:
- Creamy for yogurt.
- Bed & Breakfast Registry for accommodation booking services.
- Generic trademarks:
- These are common words that refer to the names of everyday products or services, do not indicate their origin and cannot be registered for protection.
- For example:
- Bicycle for bicycle.
- Bagel shop for bagel shop.
- E-ticket for electronic ticket booking service.
3. Notes when registering for trademark protection in the US
Research on protection possibilities
- Duplicate Check: Use the USPTO database to ensure your trademark is not duplicated.
- Uniqueness: Ensure that the trademark is highly recognizable and not confusing.
Choosing a legal representative
- The legal representative will assist the business in the registration process and handle any legal issues that arise.
- Selection criteria: Experience, reputation and understanding of intellectual property law in the US.
Trademark management and protection after registration
- Renewal: Trademarks need to be renewed periodically to remain valid.
- Monitoring and handling violations: Proactively detect and handle acts of trademark infringement.
4. Procedures and processes for registering trademark protection in the US
To register a trademark in the US, you can refer to the following 6 main steps:
Step 1: Research and choose a brand
Before filing an application, you need to check that the trademark is potentially protected and not duplicated.
Step 2: Prepare application documents
The application includes the following information and documents required to be submitted to the USPTO:
1. Create a USPTO account:
- Register an account on the Trademark Electronic Application System (TEAS).
2. Filing a trademark application:
- Complete the online application through TEAS and submit the application fee (non-refundable).
3. Track application status:
- Check the status of your application through the Trademark Status and Document Retrieval (TSDR) system at least every 3–4 months.
4. Update contact information:
- Make sure your address and email are always up to date.
Step 3: Submit a trademark application
You can submit via:
- USPTO system (for domestic and international applications).
- Madrid System (for international applications).
Step 4: Work with a USPTO examining attorney
1. Application review:
- USPTO examining attorneys check for validity and look for duplicate trademarks.
2. Response to rejection letter:
- If your application is refused, you have 3 months to respond (or 6 months for the Madrid system).
3. Resolve additional requests:
- Complete the application as required by the USPTO.
Step 5: Receive application results
1. Trademark announcement:
- If there are no objections within 30 days after publication in the "Official Gazette," the application will proceed to the next stage.
2. Issuance of registration certificate:
- If the trademark is already in use or internationally registered, you will receive a certificate of registration.
3. Notice of Intent to Use:
- If the trademark has not been used, you need to submit a Statement of Use (SOU) or request an extension of use within 6 months.
Step 6: Maintain the validity of trademark registration
1. Submit maintenance records:
- Submit the required documents between years 5–6 and years 9–10 to maintain validity.
2. Status tracking:
- Periodically check registration status via TSDR system.
3. Protection of rights:
- The USPTO does not monitor trademark use, so you need to be proactive in protecting your rights when you discover infringement.
GLA supports you from A to Z: from searching, preparing documents, submitting applications to monitoring progress and resolving all legal issues. GLA's team of experts ensures the process is fast, accurate and cost-effective. Contact GLA to protect your Trademark in the international market!
5. How does GLA support businesses in registering trademark protection in the US?
GLA supports businesses in registering trademark protection in the US:
- Trademark protection strategy consulting: Ensure your trademark complies with USPTO regulations.
- Support for filing applications: From preparing documents to monitoring the review process of your business's trademark registration in the US.
- Resolve legal issues: Represent the business in handling violations and litigation if necessary.
With practical experience and a team of highly qualified experts, GLA not only helps businesses overcome the challenges of the trademark registration process in the US but also acts as a strategic partner, accompanying businesses in building sustainable brands in the international market.
6. Frequently asked questions about trademark registration in the US
1. Who can register a trademark in the US?
Any individual or business, whether inside or outside the United States, can register a trademark with the United States Patent and Trademark Office (USPTO).
2. What are the benefits of registering a trademark in the US?
Registering a trademark in the United States provides legal protection, the ability to sue in federal court, use the ® symbol, and protection from counterfeiting through U.S. Customs.
3. How long does it take to register a trademark in the US?
Typically, the registration process takes 8-12 months, depending on the complexity and legal issues that arise.
4. Which agency manages trademark protection in the US?
In the United States, trademark registration is managed by the USPTO (United States Patent and Trademark Office) – the agency responsible for licensing and monitoring trademarks.
5. What are the reasons for which a trademark registration may be refused?
A trademark may be refused if it is identical or similar to an already registered trademark, generic in description, or non-distinctive.
Another case is where a trademark is opposed when published in the Trademarks Gazette and the applicant has no valid reason to object.
6. Does a trademark need to be renewed after registration?
Yes. You need to file a maintenance application between years 5 and 6, and then renew every 10 years to keep the protection in effect.
7. Does GLA assist you in registering trademark protection in other countries?
Highlights- Importance of trademark registration in the US: Protect intellectual property rights, enhance brand reputation, prevent unfair competition and expand market.
- There are different types of trademarks, ranging from imaginary, arbitrary, suggestive marks to unacceptable types of trademarks such as descriptive and generic marks.
- The process of registering a trademark in the US includes steps such as researching protection possibilities, preparing documents, filing, examining and maintaining validity.
- The time to register a trademark in the US is from 8-12 months, depending on the complexity and legal issues that arise.
This article was published by GLA on 06/12/2024. Copyright and accompanying content are intellectual property of GLA. All rights reserved.
The guidance and content are for general information only and are not intended to provide specific guidance and advice on accounting, tax, legal or other professional advice. Readers should consult professional advisors on specific issues.
A-Z corporate support
