WE ARE HERE TO HELP YOU SUCCEED!
- We are a company specialized in registering trademarks in the United States from anywhere in the world, so we have extensive experience in the field.
- WE SPEAK YOUR LANGUAGE! All members of TM Kingdom team speak both English and Spanish, so they are trained to assist you in your native language.
- The process of register a trademark from abroad requires a lawyer licensed in the U.S.: we work with lawyers in both the United States and Argentina. Our team is extremely diverse!
- We have the most competitive prices on the market: we want U.S. Trademark Registration to be available to everyone.
- We care about you! We are a company with a heart, we are willing to help you in every step of the process. All you have to do is ask.
Our goal is to help you throughout the registration process. So do not hesitate to tell us your concerns.
WE ARE HERE TO HELP YOU SUCCEED!
- Brand Name
- Logo, design or symbol
- Slogan
- Name of a brand products/services
- Name of digital products
Register your brand in the U.S. brings many benefits. Among the most prominent are:
- Trademarks protect your brand from copycats. Once you have your trademark, you can prevent others from using it without your consent.
- A trademark is your # 1 business asset. Trademarks are generally the only business asset that can be appreciated over time.
- Trademarks help differentiate your products / services from the competition.
- Trademarks create immediate value, brand identity, and a positive reputation for your brand.
- Are you looking for business financing? Having a registered trademark is essential as investors only invest in brands that are not susceptible to Intellectual Property lawsuits.
- Trademarks last forever! This means that once you get a trademark, as long as you actively use and maintain it, you get protection for your brand.
And the greatest benefit of all: this is the first step to start your own business in the United States!
The entire process typically takes between ten and eighteen months. So, we recommend you to start it as soon as possible.
The first step is the “Filling” that can be done at any time. At TM Kingdom we have an Expedited Plan that is done in less than 24 hours after the payment is credited and all the requirements are met.
Fortunately, as long as there is no registered trademark that could cause conflict with your trademark (that is, another brand with the same or similar name in the same area), the protection of your trademark begins once the “Filling” is completed and the USPTO fee is paid.
Your brand is protected from the first day!
The ™ symbol can be used by a person or company as an identifier for their services or products. You do not need to have a registered trademark to use this symbol.
In fact, companies use it while they wait for their trademark application to be approved.
In addition, it is a way of showing that you are claiming the trademark with the name, logo and / or slogan.
Therefore, you can and should use the ™ symbol at the end of your name, logo, motto, etc., even if you do not have a USPTO trademark.
Instead, the ® symbol can only be used by those who already have their trademark officially registered with the USPTO.
Its use without having the corresponding registration is illegal.
Trademark your brand in the United States can become complex if you do not have the proper knowledge of the field. More so, if it is done from abroad. But do not worry! We can help you, just visit our home page where we tell you the step by step on the Trademark Registration Process from anywhere in the world.
TM Kingdom has the most competitive prices on the market!
Our initial services are available for only $ 474 (USPTO Filing Fee is INCLUDED).
USPTO Filing Fee could be $250 or $350, as long as your brand is already being used in commerce (if not additional federal fees may apply). Those additional fees are not included in any of our services.
In our GOLD, PLATINUM and DIAMOND packages the USPTO Initial Filing Fee is already included.
The EXPEDITED PLAN ($299) is done in less than 24hs and does NOT INCLUDED the USPTO Filing Fee.
A “filing basis” is the basis in the Trademark Act upon which you will file your trademark application with the USPTO. Each “filing basis” has different requirements that must be met before a brand may proceed toward registration.
Although “use-in-commerce” and “intent-to-use” are two types of filing bases, they have different meanings and requirements.
Use-in-Commerce means using your brand in selling or transporting your goods out of state or in providing services to customers who live outside your state.
For example, you might grow wheat in Kansas and sell it to buyers in Massachusetts or Mexico. Or you might provide website design services from your home in Oregon to customers in Georgia and Guam.
To register your brand, you’ll need to provide evidence that you’re using it in commerce. This means you’ll need to submit a specimen (example) showing how you use your brand. You’ll also need to provide the date you first used your trademark in commerce in the US and the date you first used it anywhere.
Intent-to-Use means that you haven’t started using your brand in commerce, but you have a bona fide intent to do so in the near future.
For example, you might intend to make and sell jewelry, but you’re just at the point of sourcing your materials—you haven’t started making or selling jewelry yet.
Although you can apply to register your brand with an intent-to-use basis, you cannot actually register your brand until you show that you’ve started using it in commerce.
If you want to register your brand without it being currently in use, we can do it too! Although USPTO applies extra fees to the amounts described above (+ U$D 125 + U$D 100). None of this extra Federal Fees are included in our packages.
A brand is in use in commerce with goods when (1) it is placed on the goods, packaging for the goods, or displays associated with the goods (including webpage displays), and (2) the goods are actually being sold or transported in commerce (in the US).
A Brand is in use in commerce with services when (1) the brand is used in the sale, advertising, or rendering of the services, and (2) the services are actually being rendered in commerce (inside the US territory).
Conducting a clearance search of your trademark before filing an application is very important because the results can identify potential problems, such as a risk of confusion with a another already registered trademark.
A search could save you money avoiding apply for a trademark where you probably won’t receive a registration because another party may already have stronger rights. Additionally, the search results may show whether your trademark, or a portion of it, appears as generic or descriptive text in other records and is therefore weak and / or difficult to protect.
We have two different kind of Clearance Search.
- Quick USPTO Database Search. This is included in our GOLD and EXPEDITED packages and consist on a basic and quick search in the USPTO Database to look if there is a direct conflict with an existing trademark.
- Complex Global Search (RECOMMENDED). Included in our PLATINUM and DIAMOND packages. We will do an advance search in the USPTO Database and the Global Database. We will tell you if your trademark (or similar) exists in another country. In addition, we do a complementary search in social networks and the Internet.
If you want to minimize the odds of getting a refusal, you need to do a clearance search.
The more you narrow your search, the better your brand’s chances of succeed in the registration process. Being conservative when narrowing down your search is crucial. In addition to classifying your products / goods / services in the correct category (s).
When we review your application, we will look for trademarks that may cause confusion with your brand and choose the right category for your good and services.
We have two different Clearance Searches:
- Quick USPTO Database Search. This is included in our GOLD and EXPEDITED packages and consist on a basic and quick search in the USPTO Database to look if there is a direct conflict with an existing trademark. This does not include the Viability Assessment.
- Complex Global Search (RECOMMENDED). Included in our PLATINUM and DIAMOND packages. We will search the federal and global database and inform you if there is an equal or similar trademark in another country. In addition, we do a complementary search in social networks and the Internet. Finally, we will send you a Viability Assessment based on our search.
USPTO reviews each application for compliance with federal laws and regulations. The most common reason for refusing registration is a “likelihood of confusion” between the applicant’s trademark and a trademark already registered or in a previously filed pending application owned by another party.
The USPTO determines that a likelihood of confusion exists when (1) the marks are similar and (2) the parties’ products and / or services are related in such a way that consumers mistakenly believe they come from the same source. Similar marks or related products / services by themselves are not sufficient to support the determination of a likelihood of confusion, unless a court has determined that the mark is actually a famous mark. Usually, two identical brands can generally coexist, as long as the products and services are not related.
Each application is decided by its own facts, in a personalized way, so no simple mechanical test is used to determine if there is a risk of confusion. Therefore, before submitting your non-refundable application, it is very important that you determine whether your proposed trademark may cause confusion with another trademark.
If you want more information, we suggest you inform the official USPTO website.
To determine whether there is a likelihood of confusion, brands are first examined for their similarities and differences.
It must be always in mind that to avoid a risk of confusion, the brands do not have to be identical. When they sound the same when they are pronounced, are visually similar, have the same meaning (even in other languages), and / or create the same overall business impression in the mind of the consuming public, brands can be viewed as confusingly similar. Similarity in sound, appearance and / or meaning may be sufficient to support a finding of likelihood of confusion, depending on the relationship of the goods and / or services.
For these reasons, the initial search is extremely important. The Viability Assessment is essential precisely to minimize or reduce the possibility of situations such as “probability of confusion with other brands”.
If you want more information about the subject, we suggest you inform the official USPTO website.
If you are applying for the TEAS Plus the Initial Filing Fee is U$D250. And for the TEAS Standard Initial Filing Fee is U$D350.
This is the cost for one brand in one class.
Notice that only one mark may be filed per application. If you have multiple marks, they require separate applications, each with its own filing fee. Also, you must pay for each class of goods and/or services in the application. For example, if the application is for one mark but the mark is used on goods in two different classes, such as computer software in Class 9 and t-shirts in Class 25, then a filing fee for two classes is required.
If your brand is not being used in commerce, extra federal fees may apply.
The Initial Filing Fee is INCLUDED in our GOLD, PLATINUM and DIAMOND packages. It is not included in our EXPEDITED PLAN.
An office action is an official letter sent by the USPTO. In it, an examining attorney may require that you fix legal problems with the application itself (requirements) by making simple revisions, such as clarifying your goods or services. An examining attorney may also raise legal rejections (refusals), such as refusing your application because your chosen trademark is likely to be confused with an already registered trademark. All legal problems must be resolved in the office action before the USPTO can register your trademark.
That is why the search and viability assessment is so important before your application is filed.
To keep a registration alive, the registration owner must file required maintenance documents at regular intervals.
Registration is valid as long as you submit all post-registration maintenance documents on time. You must submit a “Declaration of Use” (§8) between the fifth and sixth year after registration.
In addition, you must submit a “Combined Renewal Application and Use Statement” (§8 and §9) between the ninth and tenth year after registration, and every 10 years thereafter. If these documents are not submitted on time, your registration will be canceled and cannot be revived or reinstated.
Do not worry! TM Kingdom provides this procedure as one of its services. Consult us here.
A cease and desist (or demand) letter/email is correspondence that states or suggests that you are potentially infringing the trademark of another and demands that you stop using, or consider stopping use of, the accused mark. If you have reserved a cease and desist letter, TM Kingdom Team can help you understand the scope of your trademark’s rights and the strengths and weaknesses of the allegations against you. On the other hand, if you want to send a cease and desist letter/email, we can help you too!
A specimen is a sample of your trademark as used in commerce. It is real-life evidence of how you are actually using your trademark in the marketplace with the goods or services in your application or registration maintenance filing. It’s what consumers see when they are considering whether to purchase the goods or services you provide in connection with your trademark.
An acceptable specimen must:
- Be attached as JPG files of up to 5 megabytes or .WAV, .WMV, .WMA, .MP3, .MPG, or .AVI files of up to 30 megabytes.
- Include the URL and date you accessed or printed the webpage in your submission.
- Be a real example of how you use your trademark in commerce in providing your goods or services (not a mock up, printer’s proof, digitally altered image, rendering of intended packaging, or draft of a website that shows how your mark might appear).
- Show your trademark used with the goods or services listed in your application.
- Depict the same trademark as shown on your drawing.
- Show your use of your trademark (not use by someone else, such as press releases sent exclusively to news media).
- Be an appropriate type of specimen based on whether you have goods or services. For example, advertising material is an acceptable specimen for services, but not for goods.
- Show your trademark used in a way that directly associates the mark with the goods or services.
- Show your trademark used in a way that consumers would perceive it as a source indicator for the good or services in your application (it functions as a trademark).
SPECIMEN FOR GOODS
For goods, a specimen shows your trademark as actually used in commerce with your existing goods in a way that directly associates the trademark with the goods. For example, a specimen could be a label or tag attached to your goods that shows your trademark, a product container or packaging showing your trademark on the packaging, or a website displaying your trademark where your goods can be purchased or ordered.
SPECIMEN FOR SERVICES
For services, a specimen shows the trademark as actually used in commerce with your existing services in a way that directly associates the trademark with the services. For example, a specimen could be an advertisement, brochure, website printout or other promotional material which shows your trademark used for the services, business signs where the services are rendered showing your trademark, or a service vehicle showing your trademark.
If you don’t meet these requirements, the USPTO will refuse to accept your specimen.
If your application is based on “use in commerce” or “intent to use,” you are required to submit a specimen. All registrants are required to submit specimens at required intervals to maintain their registrations.
When you are required to submit a specimen, you must submit one specimen for each class of goods or services in your application or registration maintenance filing. You may be asked to submit additional specimens to properly examine your application or registration maintenance filing.
USE IN COMMERCE FILING BASIS: Your initial application must include at least one specimen per category.
INTENT TO USE FILING BASIS: You don’t need to submit and specimen in your initial application.
You must submit a specimen:
- Before your application is approved for publication by filing an Amendment of Allege Use (AAU), or
- After you receive a Notice of Allowance (NOA) by filing a Statement of Use (SOU)
Both an AAU and an SOU are claims that you are using your trademark in commerce. They include your specimen and information such as dates of use of your trademark.
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