It is possible to register a trademark in the United States, for which one must proceed directly before the entity responsible for trademark registrations, which is the United States Patent and Trademark Office.
It should be noted that each country is free to determine the trademark registration process and, therefore, each has the authority over what types of trademarks can be registered, their scope, and their protection.
In the case of the United States, there are two options for trademark registration: one is at the state level (i.e., registered in a state) and the other at the federal level (protected nationwide). This significantly impacts the level of legal protection that the trademark to be registered may have, since if registered at the state level, it is only protected and can only be used in that state where it was registered, and it will not have protection or recognition in other states different from the one where the registration was made. In the federal case, the trademark acquires protection and use throughout the entire territory of the United States.
In addition to the above, trademark registration serves to:
- Ensure ownership of the trademark, and it can be used freely, protecting it from third parties using it without the owner's authorization.
- Protect it in cases of plagiarism, unauthorized uses, or if another person wishes to register a similar trademark.
- Guarantee to customers or users that the product or service identified by a trademark provides authenticity guarantees.
- Economically exploit the trademark, whether through licenses, advertising, or collaborations.
- By having the registered trademark and using it through its products or services, it acquires economic value, impacting assets and their evolution in the market.
Likewise, trademarks must meet certain requirements to be registered. These requirements are: they must not be generic, or cause confusion with other trademarks already registered or in process, or words or phrases commonly used in the U.S. territory cannot be registered.
For trademark registration, the following steps must be taken:
- Verify the existence of similar trademarks or names already in the market, as well as the respective logos.
- Create the logo or trademark they wish to register that allows distinctiveness over other trademarks in the market.
- Determine the activities protected by the trademark, as well as the inventory of goods marketed under the trademark.
- Validate if you are using the trademark or commit to using it within the next 6 months.
- If you are outside the USA, make sure you have a trusted attorney for the registration process.
Once this is done, the registration request must be submitted through the entity's special forms, and the indicated registration fees must be paid.
Once the trademark is registered in the United States, it has protection for 10 years from the date of registration, which must be renewed within a period of 6 years, and then after meeting a term of 10 years indefinitely. This renewal must be done within 6 months before or after the end of the registration date. If renewal is not done, it will be understood that the trademark is not being used and therefore the registration is lost.