A trademark consist of any signs capable of being represented graphically, used for distinguishing the goods or services of one undertaking from those of other undertakings.

When registering a trademark you need to specify the goods and services in which your trademark will be applied. While most marks usually fall within one class, some marks encompass several. In order to determine the class/es, the International Classification of Nice groups all goods and services into 45 classes -34 for goods and 11 for services-.
The trademark protection covers only the goods and/or services of the classes for which it was applied. You can confirm the international classification for your goods and services here.

No. You can apply for registration based on the intention to use the trademark in the future, and you will have to file a Statement of Use (see fees and expenses list) -showing the trademark directly applied to the goods or underlying the services- during the process or before the third year after allowance of the application.

Yes. It is advisable in order to evaluate the availability or likelihood of confusion with pre-existing trademarks, and determine registration probabilities. Moreover, it is also useful to determine the optimum coverage of your trademark, identifying the products or services you need include in each class.

A detailed search of your mark and variations thereof will be performed within United States Federal Trademark Records. The main test for determining the similarity between two trademarks is to see if your proposed trademark is likely to cause confusion among consumers so that they might mistake the two suppliers. On the basis of our experience and of the earlier trademark data we will provide you with an estimate of the risks and probabilities concerning your chosen trademark. We will in particular take into account the validity of the earlier cited trademarks, their extent, and we may suggest protection scheme limiting the risks of opposition or rejection against your application. Results will be sent within 2 business days.

The application process usually takes between 10 and 18 months. After granting a serial number for the application filed, the assigned Trademark Office’s attorney proceeds to examination. He may then approve the application for publication in the Official Gazette, or issue an Office Action requesting a response from the applicant regarding adjustments or amendments to be made to your application. If these changes are insignificant we will inform you and authorize them. If the changes are significant, we will consult with you to determine the appropriate course of action. Publication in the Trademark Official Gazette gives interested parties an opportunity to file a Notice of Opposition. If there is no opposition or the opposition is unsuccessful, the Trademark Office will issue a Certificate of Registration. You will find the status of your trademark application as well as the next deadline to be met in your customer account.

The Right of Priority was established by the Paris Convention for the Protection of Industrial property, and it means that if the applicant has previously duly filed an application for registration of the same mark in one of the member countries, the US application shall be accorded the same force and effect as would be accorded to the same application if filed in the United States on the same date on which the application was first filed in such foreign country.

An Application for International Registration (an “international application”) may be filed only by a natural person or a legal entity which has a real and effective industrial or commercial establishment in, or is domiciled in, or is a national of, a country which is party to the Madrid Agreement or the Madrid Protocol (list of members here). In this case, holder of the International Application must be a U.S. National, either domiciled in the United States, or having a real and effective industrial or commercial establishment therein.

You file for International Registration at the Trademark Office of the country which corresponds to your Office of Origin, indicating to which Contracting Parties you want to extend your registration.
A mark may be the subject of an International Application only if it has already been registered in the Trademark Office of the Contracting Party with which the applicant has the necessary connection to be able to file an International Application.
The Office of Origin certifies that the trademark in the International Application is the same as in the basic application or registration, that the applicant is the same person as the owner of the basic application or registration, and that the goods and services listed in the International Application are covered by those listed in the basic application or registration.

Then the Office will forward the international Application to the World Intellectual Property Organization in Switzerland. The International Bureau checks that all the filing requirements are met and that the goods and services are correctly classified. If so, the mark is recorded in the International Register. The International Bureau then notifies the International Registration to the Trademark Offices of the designated countries, where it will be handled the same way as if it had been presented directly to them.

A Trademark Registration lasts for a period of 10 years. Trademark rights can last indefinitely if the owner files an application for renewal and continues to use the mark on or in connection with the goods or services, and files all necessary documentation in the Trademark Office at the appropriate times.

Between the 5th and 6th year of registration, a registrant must file a Declaration of Use to keep the registration alive for the remainder of its 10-year registration period.  Failure to do so will result in the cancellation of the registration.  At this time, a registrant can also file a combined Declaration of Incontestability provided that the mark has not been challenged since the time of registration.  This filing will make the registration unchallengeable.  Finally, before the 10th year of registration, an application for 10 year renewal will need to be filed.

Markandi´s fee covers the attorney consultation, preparation and filing, answering to non-significant Office Actions that may arise, and professional handling the application until registration including the reporting of its status and correspondence received from the United States Patent and Trademark Office.

Payment can be made with major credit cards (Visa, Mastercard, American Express, etc.) through Google Checkout and Paypal payment services or through bank transfer.