Trademark Registration in United States

Overview: why register a trademark in United States?

The United States is one of the most important export destinations for Vietnamese goods, spanning textiles, furniture, agricultural produce, seafood and consumer products. When you sell into the US through distributors, e-commerce platforms or retail chains, a registered trademark is the legal basis for stopping competitors, importers or third parties from using identical or confusingly similar signs, and it is a prerequisite for brand-protection programs such as Amazon Brand Registry. The defining feature of the US system is the first-to-use principle: priority depends not only on the filing date but also on who used the mark in commerce first. Businesses should therefore file early and keep evidence of use from the outset. An application may be filed on a use basis or on an intent-to-use basis, each with its own evidence requirements and procedural steps that you should weigh before filing.

Trademark registration cost in United States

Reference estimate for one class; extra classes cost more. Excludes VAT and extra costs under each country's rules (office action responses, oppositions, grant fees, translation/legalisation...).

Requirements for protection

• The mark is distinctive, either inherently or through acquired distinctiveness from use.
• It is not merely descriptive of the goods, services, quality, function or geographic origin.
• It is not identical or confusingly similar to a mark already registered or used earlier in the US.
• It is not deceptive and does not offend morality or public order.
• There is actual use in commerce or a bona fide intent to use the mark for the listed goods and services.
• The applicant is the rightful owner of the mark; foreign applicants generally must appoint a US-licensed attorney.

Clearance search before filing

A clearance search before filing is advisable in the US because the risk of refusal for likelihood of confusion is high. The search checks the USPTO database for identical or similar pending applications and registrations, and also reviews unregistered common-law rights, trade names and signs already in use in the market. The results help you gauge the risk level, adjust the goods and services list, or amend the sign before committing to filing costs.

Procedure & timeline by stage

Required documents

• A clear specimen of the mark; for color or figurative marks, specify color and design elements.
• Full name, address and legal type of the applicant.
• List of goods and services with Nice classification.
• Filing basis: first-use date and a specimen of use, or a statement of intent to use.
• Priority document if claiming priority from an earlier foreign application.
• Details to appoint a US-licensed attorney of record for foreign applicants.

Validity & renewal

A US trademark registration is valid for 10 years from the date of grant and may be renewed for successive 10-year terms. A critical point is the use-maintenance obligation: the owner must file a Declaration of Use under Section 8 between the 5th and 6th year, and again together with renewal under Section 9 each cycle. Missing these deadlines can cancel the registration before its nominal term ends. After five years of continuous use, the owner may file a Section 15 declaration to reach incontestable status, further strengthening the rights.

Common grounds for refusal & how to handle them

• Likelihood of confusion with a prior mark: argue the differences, narrow the goods, or negotiate a coexistence or consent agreement.
• Merely descriptive: prove acquired distinctiveness through use or seek registration on the Supplemental Register.
• Invalid specimen of use: refile a compliant specimen showing the mark on the actual goods or services.
• Unclear goods and services list: amend the wording per USPTO guidance.
• Marks that are surnames, geographic terms or misdescriptive: add arguments or evidence of use.
• Failure to respond to an office action on time, causing abandonment: track deadlines closely and answer fully.

Key notes for registering in United States

• •The US follows first-to-use, so keep evidence of use from day one, including invoices, packaging, photos and advertising.
• •Choose the right filing basis: use requires a specimen up front, while intent-to-use lets you file first and add proof later.
• •Foreign applicants must appoint a US-licensed attorney of record.
• •The US can be designated through the Madrid System, but weigh its distinct use-proof requirements.
• •If you sell on e-commerce platforms, registration is a condition for joining their brand-protection programs.

Frequently asked questions