Online International Trademark Registration - An Overview
A trademark, which protects the brand name of a business, can include a word, symbol, logo, or any combination used to distinguish the respective products and/or services from the similar ones in the market.
Trademark protection is territorial and exists only within the boundaries of a country where the trademark has been filed. Entities looking at expanding their businesses internationally must ensure that their trademark is adequately protected in the respective countries where they intend to start their business.
One of the economically leading countries, the United States of America has its own Federal Law and respective State Laws pertaining to trademarks, and a centralized governing authority called as the United States Patent and Trademark Office (USPTO).
Why register a International trademark? Benefits
International Trademark Registration Offers The Following Benefits To The Business:
- Legal ownership throughout all states in the US
- A USPTO trademark registration confers the highest degree of protection for a brand name
- Exclusive usage rights
- Right to refrain others from using the trademark
- The trademark gets listed on the USPTO Trademark Database (Trademark Electronic Search System, or TESS)
- Right to use the ® symbol
- A USPTO trademark registration increases the valuation of the brand name as well as the business
- Rights to take legal action against infringers and counterfeits
- A USPTO trademark registration provides legal authenticity to the brand and the business, which in turn would increase the customer base
Prior to filing a US trademark application, you must check whether the intended mark is available to register. This can be done through online Trademark search in the USTPO database.
International Trademark search
The USPTO's Trademark Electronic Search System (TESS) database displays all the registered trademarks and pending trademark applications at one place. You can do a free online search to find if there are any existing, identical marks that may likely cause confusion to the proposed mark. To understand how this works, it is important to know:
1. How To Perform A Thorough Us Trademark Search
The applicants can use any of the three search options, namely Basic word mark search, design mark search and combination of word and design mark search by specifying the “Search term”. All the trademarks related to the specified term will be pulled up at once.
2. How To Read The Results
When a particular result is clicked the following details will be displayed:
- US Serial number
- Mark type
- Description
- Status - whether pending or active
- Owner’s name, address and entity type
- Prosecution history
- Proceedings, if any
And so on.
Vakilsearch trademark professionals and US Trademark Attorneys will help clients understand the results and offer the appropriate advice.
Filing of trademark application
Step 1: Filing Of Application
Once the application is prepared with all the essential details, it is filed with the USPTO and an official filing receipt along with therial number is issued. The real-time status of the filed trademark can be tracked at using the serial number.
Step 2: Trademark Examination
Upon filing the application, within the next three months it will be assigned to the Trademark Examiner or Trademark Attorney, who will investigate the application for substantive grounds of objection (similarity with other marks, etc.).
Step 3: Trademark Office Action
If any informality and/or substantive ground of objection is found during the examination, an Office Action notice will be issued. You have 6 months time period to file a reply to the Office Action and remove the respective informality and/or respond to why the substantive ground of objection must be waived.
Step 4: Publication Of Trademark Action
In the event of no informality and/or objection, or once a response to the Office Action has been filed and the same is duly accepted by the Examiner, your trademark application shall be approved for publication in the respective Trademark Official Gazette. The Gazette lists all the newly published marks renewed and cancelled marks. A prior Notice of Publication shall be issued by the USPTO stating the date of the publication of the trademark application.
Step 5: Trademark Opposition Period
Within 30 days from the date of publication of the trademark application in the Trademark Official Gazette, any third party and other trademark owners may oppose that your mark is similar to their brand and/or may cause commercial or economic harm to them. In such a case, they can also file for an extension of time for a period of maximum 180 days for filing an opposition against the trademark, subject to the approval from the USPTO.
In the event an opposition is filed within 30 days or the extended time period, the respective opposition proceedings shall be initiated.
Step 6: Trademark Registration
If no opposition arises during this period, the USPTO shall issue the Registration Certificate for the trademark, provided the application is not filed on Intent to Use Filing Basic (Sec. 1b). For a trademark application filed on Intent to Use basis, the USPTO shall issue a Notice of Allowance.
If no opposition arises during this period, the USPTO shall issue the Registration Certificate for the trademark, provided the application is not filed on Intent to Use Filing Basic (Sec. 1b). For a trademark application filed on Intent to Use basis, the USPTO shall issue a Notice of Allowance.
If no opposition arises during this period, the USPTO shall issue the Registration Certificate for the trademark, provided the application is not filed on Intent to Use Filing Basic (Sec. 1b). For a trademark application filed on Intent to Use basis, the USPTO shall issue a Notice of Allowance.
Documents required for International Trade Mark
In India, International Trade Mark cannot be done without proper identity and address proof. These documents will be needed for all the directors and the shareholders of the company to be incorporated. Listed below are the documents that are accepted by MCA for the online company registration process acceptable.
Identity And Address Proof
- Scanned copy of PAN Card or Passport (Foreign Nationals & NRIs)
- Scanned copy of Voter’s ID/Passport/Driver’s License
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
- Scanned passport-sized photograph specimen signature (blank document with signature [directors only])
For the foreign nationals, an apostilled or notarized copy of the passport has to be submitted mandatorily. All documents submitted should be valid. The residence proof documents like the bank statement or the electricity bill must be less than 2 months old.
Registered Office Proof
For online company registration in India, the company must have a registered office in India. To prove admittance to the registered office, a recent copy of an electricity bill or the property tax receipt or water bill must be submitted. Along with the rental agreement, utility bill or the sale deed and a letter from the landlord with her/his consent to use the office as a registered office of the company should be submitted.
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
- Scanned copy of Notarized rental agreement in English
- Scanned copy of No-objection certificate from the property owner
- Scanned copy of sale deed/property deed in English (in case of owned property)
Note: Your registered office need not be a commercial space; it can be your residence too.
