Do you an entrepreneur wanting to safeguard your trademark. Intellectual property protection requires trademarking of your business name. This article guides you through company registration in USA, considers the relevant factors and highlights necessary steps for making an application that will be accepted.
Understand the Importance of Trademarking
Therefore, before one gets into this process, it is necessary for a person to fully comprehend why trademarking of one’s business name in the USA. The trademark offers intellectual property rights and ownership to your brand identification. It stops other people from using same name and marks to confuse the buyers with similar products. Moreover, trademarks also add value to your business and it becomes easier to protect your proprietary interests in case of infringement.
Conduct a Comprehensive Search
A business name should be peculiar and different from other companies in the market. As such, after that, the name of each firm must be verified if it is registered trademark. A number of resources can be utilized for the purpose like United States Patent and Trademark Office (USPTO) database. Hiring a trademark attorney can give expert advice on how to avoid any possible disagreements.
Determine your Trademark Class
After that, you must decide on a suitable trademark class. The trademarks fall into forty-five classes that signify different kinds of goods/services. It remains important to correctly select your appropriate class that relates directly to your business operations.
Prepare your Trademark Application
It is now time to file your trademark application. An application may be filed online using any web brower at the USPTO e-Filing system website. For this reason, it is necessary that the information provided is true and thorough so as to enable the inspection process without delay. Gather the following information and documents before starting the application process:
- The business may use its official logo or signatures.
- Your trademark that describes goods and services you offer.
- Trademark class
- First commercial date of use (if used).
- Example of how they have used the trademarked items (for example screenshots of their website or on product packaging)
Submit your Application and Pay Fees
After finishing the application, file it through the USPTO online filling system. Make sure that you consider filing fees related to trademark filings which depend on such aspects as number of trademark classes and specific filing procedure used. The amount payable ranges from $225 and up to $400 per class.
Review and Examination
After submission of the application, a trademark examining attorney undertakes a thorough review and examination of the application until it is approved or rejected for registration. They will make sure that your program complies with legal necessities and it’s not in the way of current trademarks. Such process could last for as long as a few months during which point the auditors will often have additional requests for more explanations or documents.
Publication and Opposition Period
Assuming that your trademark application was approved, it would then get published in Trademark Official Gazette thus creating an opportunity for other to protest against your registration if they feel that there is a violation of their already existing rights. This is usually a continuous process for about 30 days. If there is no objection, then your trademark will advance to the next level or final phase.
Final Registration and Maintenance
Congratulations! You have been cleared to register your trademark. After this, you will get a registration certificate from USPTO, and your trademark will be valid for ten years. You should file periodic maintenance documents as well as renewal applications with the aim of keeping the trademark in force.
Considerations for Company Registration in the USA from India
If you are a businessman or woman from India and intend to company registration in USA from India, you should be well conversant with the laws governing that country and its registration processes. Although that is a complicated process, in case you get competent assistance that you will go through without problems. Consider the following key aspects:
- Research and choose the appropriate business structure: There are many forms of organisation structures that you can choose according to your business objectives and demands. These include LLC, Corporation or Partnership among others.
- Meet the necessary registration requirements: Registration of a company in the US includes different obligations which are EIN, taxation registration on both federal and state levels and some state laws.
- Seek professional assistance: Hiring a registered agent or seeking guidance from a lawyer well-versed in international law pertaining to business may enhance the business registration procedure as it meets all requisite conditions.
- Understand local laws and regulations: Ensure you are well conversant with the business specific laws and regulation in the state where you intend to commence registration for your organization. These can be different in each state with their own requirements for compliance.
Lastly, trademarking your business name in the US is vital for safeguarding the brand and maintaining distinctiveness. Through researching, knowing the trademarks class, and following an application procedure carefully, you will have legal protection of your business. Therefore, if you are an Indian looking forward to register a company in the states, be guided accordingly as per the law of land.
