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US Trademark Registration

Do I really need a US attorney to file?

Yes, if you are a foreign-domiciled applicant, USPTO rules strictly require you to be represented by a US-licensed attorney. Our service includes this mandatory representation to ensure your application is valid and properly handled.

What counts as "Use in Commerce"?

To register, you must prove actual sales of your product in the US. Evidence (specimens) can include photos of the product with the label, packaging, or an active sales website. If you haven't started selling yet, we file under "Intent to Use."

How does a trademark help on Amazon?

A registered US trademark is the key to Amazon Brand Registry. This program unlocks powerful tools to remove counterfeit listings, protect your product detail pages, and access advanced marketing features like A+ Content.

How long is the USPTO process?

Typically, it takes 8 to 12 months from filing to registration. An examining attorney reviews the application about 3-4 months after submission. We monitor the timeline and respond to any Office Actions to keep the process moving.

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Trademark registration in the US is a crucial step for Georgian businesses exporting products or planning to operate in the American market. The US is one of the world's largest and most competitive markets, where intellectual property protection is strictly regulated. Trademark registration is handled by the United States Patent and Trademark Office (USPTO). This procedure differs from the European system and requires specific evidence, namely proof that the mark is actually used in commerce. Registration grants the owner exclusive rights for 10 years (renewable) and allows the use of the ® symbol, blocking counterfeit goods at US customs, and litigation in federal court. This service includes full legal support: from application preparation to receiving the certificate.

What Does US Trademark Registration Service Cover?

According to USPTO regulations, foreign applicants must be represented by a US-licensed attorney. Our service ensures:

  • USPTO Search (TESS): Checking the federal registry to determine if a similar mark is already registered.
  • Basis Determination: Choosing between "Use in Commerce" (1a) or "Intent to Use" (1b).
  • Specimen Preparation: Collecting and properly formatting evidence of mark usage (labels, product photos, website screenshots).
  • US Attorney Representation: Appointing a licensed representative who communicates directly with the USPTO.
  • Filing (TEAS): Electronic application submission and official fee payment.
  • Office Action Response: Preparing a qualified response to examiner objections (if any).

Real-World Scenarios Where You Need This Service

Registration in the US is critical in the following cases:

  • Amazon FBA Business: You sell products on Amazon and want to use "Brand Registry" to protect your listings from counterfeits.
  • Wine Export: Selling Georgian wine in the US. Without a trademark, an importer or distributor might register the mark in their name.
  • Tech Startup: Planning to raise investment or open a company (Delaware C-Corp) in the US. Investors require IP protection.
  • Crowdfunding Campaign: Launching a product on Kickstarter with the US as the primary market.

US Legislation and Regulations

The process is regulated by the Lanham Act (US federal trademark law). The main feature is the "Use Requirement." Unlike in Europe, you cannot register a mark in the US unless you prove you are actually using it in the American market (or have a bona fide intent to do so). Also, since 2019, it is mandatory for foreign nationals to have a U.S. Counsel. While filing via the Madrid System from Georgia is possible, a direct national application is often more flexible and faster.

Service Process Step-by-Step

Registration typically takes 8-12 months:

  1. Audit and Strategy: Selecting classes and validating the specimen.
  2. Filing: Registering in the USPTO system and receiving a serial number.
  3. Examination: After 3-6 months, an Examining Attorney reviews the application.
  4. Publication: Publishing the mark for opposition (30 days).
  5. Registration: If no opposition is filed, a certificate (or "Notice of Allowance") is issued.

Why Choose Legal.ge?

Many Georgian companies receive refusals from the USPTO due to incorrectly filled applications or improper specimens. Legal.ge gives you access to partner US attorneys who ensure the procedure is conducted with full compliance, saving you time and money.

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