FAQs

Registering a trademark in the U.S. secures your intellectual property in one of the world’s largest economies. It helps in building and strengthening your brand reputation, protects against infringers, and can be crucial for expanding your business into the U.S. market.

The Madrid Protocol allows trademark holders to protect their marks in multiple countries, including the U.S., through one application. However, the specifics of U.S. trademark law mean that additional steps or hiring a U.S. attorney might be necessary for successful registration.

An ‘actual use’ application is for marks already used in commerce in the U.S., while an ‘intent-to-use’ application is for marks that the applicant plans to use in the U.S. market. 'Intent-to-use' applications require a bona fide intention to use the mark and additional steps to complete the registration process.

It’s crucial to accurately list the goods and services associated with your trademark. For a use-based application, list items currently sold under the trademark. For intent-to-use applications, you must demonstrate a bona fide intent to use each item listed.

A common misconception is that non-legal “filing services” can provide adequate legal advice for U.S. trademark registration. These services often give incomplete guidance and leave applicants to manage the prosecution of the application themselves, which can lead to complications. It is strongly advised to work with a licensed U.S. attorney for trademark applications.