Registering a trademark (TM) in the United States is an essential step for any business or individual looking to protect their brand identity. A trademark not only safeguards your logo, slogan, or brand name from unauthorized use but also provides significant legal and business benefits. Here’s a comprehensive guide on trademark registration in the USA, focusing on the costs, statuses like “Dead” and “Cancelled,” and the advantages it offers.
What is a Trademark and Why Register It?
A trademark is a unique symbol, logo, word, or combination that distinguishes your products or services from those of others. Registering a trademark provides your business with exclusive rights to use that mark across the United States, building trust and brand recognition. A registered trademark protects your brand legally, increases its value, and can even become a source of revenue if you decide to license or franchise it.
The Trademark Registration Process in the USA
Trademark registration in the USA is managed by the U.S. Patent and Trademark Office (USPTO). The process generally involves:
- Conducting a Trademark Search: Before filing, it’s crucial to search the USPTO’s Trademark Electronic Search System (TESS) to ensure your desired mark isn’t already in use. This step minimizes the risk of trademark infringement issues.
- Filing an Application: Applications are submitted via the Trademark Electronic Application System (TEAS) on the USPTO website.
- Approval and Registration: After submission, the USPTO reviews the application, and if approved, your trademark is registered, providing federal protection across the U.S.
Costs of Trademark Registration in the USA
The cost of registering a trademark varies based on several factors, including the type of application you choose and the number of classes of goods/services you want to register under.
1. Government Filing Fees:
- TEAS Plus: The lowest-cost option, $250 per class of goods/services. TEAS Plus requires applicants to choose pre-approved descriptions, making it suitable for straightforward trademarks.
- TEAS Standard: A more flexible option with fewer restrictions on descriptions, costing $350 per class.
Each additional class incurs another fee, so registering a trademark for multiple classes will increase the total cost.
2. Optional Legal Fees:
While not mandatory, many applicants choose to hire trademark attorneys for comprehensive searches and legal guidance. Trademark attorney fees typically range from $500 to $2,000, depending on the complexity of the application and the attorney’s experience.
3. Renewal Fees:
Trademark registrations in the USA last for 10 years, after which a renewal fee of $525 per class is required to maintain active status.
Trademark Statuses: “Dead” and “Cancelled”
The USPTO assigns various statuses to trademarks, reflecting their registration and validity. Understanding these statuses helps you maintain your trademark and avoid unnecessary cancellations.
1. Status: Dead
When a trademark status is marked as “Dead,” it means the trademark is no longer active or legally protected. Reasons for a “Dead” status may include a failure to renew the trademark or non-compliance with USPTO requirements. Once dead, the trademark is considered available for registration by another party.
2. Status: Cancelled
A trademark with a “Cancelled” status has lost its registration due to missed maintenance filings, such as failing to submit the §8 Declaration of Continued Use between the fifth and sixth years after registration. Like a “Dead” status, a cancelled trademark becomes available for others to register.
Benefits of Trademark Registration in the USA
Registering a trademark offers several advantages that go beyond legal protection:
1. Nationwide Exclusive Rights
A registered trademark grants exclusive rights across the USA, allowing you to legally protect your brand from unauthorized use.
2. Enhanced Brand Value
A registered trademark increases your brand’s credibility and value, making it an asset that can attract investors or potential buyers.
3. Legal Protection and Enforcement
Registration enables you to take legal action in federal court if someone infringes on your trademark. Additionally, you can use the ® symbol, which serves as a public notice of your trademark rights, deterring potential infringers.
4. Customs Protection
By registering with U.S. Customs and Border Protection (CBP), you can prevent counterfeit goods bearing your trademark from entering the country, providing additional protection against imitation.
5. International Expansion Opportunities
A U.S. trademark registration streamlines the process for international trademark registration through the Madrid Protocol, making it easier to expand your brand abroad.
6. Revenue Opportunities through Licensing
Trademark registration allows you to license your brand to other businesses, creating additional income streams and increasing brand exposure.
How to Maintain a Trademark
To keep your trademark active, you must meet certain USPTO requirements:
- Between the 5th and 6th Year: Submit a §8 Declaration of Continued Use to confirm you’re still using the trademark.
- Every 10 Years: Submit a §9 Renewal Application to extend your trademark’s protection.
Conclusion
Registering a trademark in the USA is a strategic investment in your brand’s future. By understanding the costs, statuses like “Dead” and “Cancelled,” and the substantial benefits of a trademark, you can protect and enhance your brand’s value in a competitive market. Whether you’re a new business or an established brand, trademark registration provides essential legal and business advantages that can help you grow and secure your place in the industry.