At ProfitMark, we specialize in global trademark registration. We've assisted numerous companies in safeguarding their names and logos. This guide explains how to register a trademark in the USA if you're a UK-based business planning to expand into the United States.
The United States offers vast opportunities for UK businesses aiming to scale. However, growth comes with risks if your trademark isn't properly registered.
Benefits of registering your trademark in the USA:
Legal protection against copying or imitation.
Exclusive rights to use the trademark across the U.S.
Enhanced trust from customers, investors, and distributors.
Facilitates franchising and licensing processes.
Risks of not registering your trademark:
Loss of rights to use your trade name in the U.S.
Costly litigation due to unauthorized use.
Potential account suspensions on platforms like Amazon or Shopify.
Success stories: Companies like Dyson and ASOS successfully entered the U.S. market by registering their trademarks beforehand, allowing them to grow without legal issues and gain market share.
Before registering, ensure no similar trademarks are already registered by searching the United States Patent and Trademark Office (USPTO) database.
Conducts thorough and detailed searches.
Evaluates potential phonetic, graphic, and conceptual conflicts.
Provides a professional report with recommendations before proceeding.
The U.S. uses the Nice Classification system, dividing goods and services into 45 classes.
Avoid including unnecessary classes to reduce costs.
Choose classes that accurately represent your current or planned activities.
ProfitMark helps select optimal classes to avoid errors.
| Class | Type of Product/Service |
|---|---|
| 25 | Clothing, footwear, accessories |
| 35 | Marketing and commerce services |
| 41 | Education and training |
| 9 | Technology, software, electronics |
Applications can be submitted online via the USPTO's official website or through an authorized representative like ProfitMark.
Exact name of the trademark
Logo (if applicable)
Description of goods/services
Owner's details
Proof of commercial use (if applicable)
ProfitMark handles everything from correctly drafting the application to ensuring it meets legal requirements.
The USPTO's review process can take 6 to 12 months.
During this period:
The examiner may accept the application or issue an Office Action.
Anyone in the U.S. can oppose the trademark during the publication period.
Drafts necessary legal responses.
Negotiates with the USPTO or third parties in case of opposition.
Follows the process until fully resolved.
Upon approval, you'll receive the official U.S. trademark registration certificate.
The trademark must be actively used in commerce.
Periodic renewals and proof of use are required.
ProfitMark offers post-registration monitoring to keep your trademark protected.
Key differences from EU legislation:
In the U.S., actual use of the trademark is crucial for registration.
Trademarks can be rejected due to phonetic, conceptual, or visual similarities.
"Abstract" trademark registrations aren't allowed; you must demonstrate a real intent to use.
Requirements for UK companies:
Must have a U.S.-based legal representative.
Must indicate whether the trademark is already in use or intended for future use.
All documentation must be complete and in English.
ProfitMark acts as your U.S. representative, managing the entire process and ensuring compliane with all requirements.
Our experience, personalized attention, and efficiency make us the best choice for UK companies looking to register their trademarks in the United States.
Advantages of working with us:
Over 10 years of experience in international intellectual property.
Team of attorneys specialized in USPTO procedures.
Comprehensive support from verification to certificate acquisition.
Saves time, money, and resources.
Professional, fast, and high-quality service.
Anonymous success stories:
A fashion industry client avoided litigation thanks to a properly managed objection.
A tech startup secured U.S. investment after presenting official trademark registration.
Expanding into the United States is a significant opportunity but also a legal challenge if not addressed promptly. Registering a trademark in the USA is essential to ensure growth and protect your brand identity.
ProfitMark supports you every step of the way, serving as your strategic partner on the path to global business.