+ Frequently Asked Questions

How do I register a trademark in the United States?

A trademark application is filed with the United States Patent and Trademark Office (USPTO) under an appropriate filing basis, such as use in commerce, intent to use or, where applicable, a foreign registration or international registration. The application is examined and published for opposition before proceeding toward registration.

What is bad faith trademark registration in the United States?

Bad faith issues may arise where an application lacks a bona fide intention to use the trademark or where the circumstances surrounding the filing indicate improper conduct. The appropriate legal strategy depends on the facts, earlier rights and procedural status of the application or registration.

How does trademark opposition work in the United States?

Once approved, a trademark application is published in the USPTO’s Trademark Official Gazette. A party that believes it may be damaged generally has 30 days from publication to file an opposition or request an extension of time to oppose.

How do I renew a trademark in the United States?

US trademark registrations require more than a simple 10-year renewal. A Declaration of Use or Excusable Nonuse is generally required between the fifth and sixth years, followed by combined maintenance and renewal filings every 10 years.

Why register a trademark in the United States?

The United States is one of the world’s largest and most commercially significant markets. A federal trademark registration can form an important part of a broader strategy for businesses entering, expanding or operating in the US.

An intent-to-use application can allow you to file before commercial use begins. Applicants with a bona fide intention to use their trademark may secure an earlier filing date before commencing use in commerce.

Federal registration can strengthen your position against conflicting trademarks. Registration can support enforcement, opposition and the management of potential trademark conflicts.

Use in commerce is an important part of the US trademark system. Depending on the filing basis, evidence of use may be required before registration or during the life of the registration

Trademark maintenance requires ongoing attention. A Declaration of Use or Excusable Nonuse is generally required between the fifth and sixth years after registration, with further maintenance and renewal filings required at ten-year intervals.

Foreign applicants can work through qualified US trademark counsel. Through SOHO’s trusted network of local IP professionals, we coordinate US trademark procedures and support clients throughout the registration and maintenance process.

How long does it take to register a trademark in the United States?

The registration timeline depends on the filing basis, examination and whether objections or opposition arise. Once approved, the application is published for a 30-day opposition period. For intent-to-use applications, registration also requires a timely showing of actual use in commerce after a Notice of Allowance.

Planning to Protect Your Brand in the United States?

Discuss your US trademark strategy with SOHO.