USA
The United States of America is the largest consumer market in the world, and the leading global trader. Of course, it would be a focus of interest of any innovator interested in popularizing their product or service. Widespread implementation of electronic transactions facilitates obtaining protection and defending intellectual property rights.
A variety of IP objects are available in the USA:
– Inventions or utility models, through national patent applications or PCT entry
– Trademarks, including non-traditional trademarks, through national trademark applications or Madrid registrations
– Industrial designs, through national applications or the Hague System
– Copyright
– Plant varieties
The USPTO conducts correspondence exclusively in English. Any foreign applicant needs to appoint a US attorney licensed to practice on one of the states for handling its IP matters before the Office. The appointment can be confirmed with a copy of signed Power of Attorney.
A local representative well-versed in the IP protection practices will be also required in order to protect to intellectual property rights at court. If one decides to take legal action, it shall be taken to USPTO Trademark Trial & Appeal Board or federal courts, depending on the case. For patents, the plaintiff can also file actions with the International Trade Commission.
Average examination timeframe for applications for inventions/utility models is about 1-2 years after filing, although sometimes can be sooner. For industrial designs and trademark application this time is shorter, usually 12 months and 10 months respectively.
When it concerns trademark protection in the US, it shall be noted that trademark rights are attributed on the “first-to-use” basis, unlike many other countries, where a “first-to-file” system is used. The use of trademark in commerce is not only a basis for determining priority date. Proof of actual use of the mark within the US or intent to use also needs to be submitted in the process of registration of the mark, with a requirement to prove use every 5 years thereafter.
Third parties can file oppositions against pending trademark applications and enter a dispute with the applicant of the contested trademark.
For general information on the costs, please contact us at quotes@patentica.com or info@patentica.com, and we will be happy to provide a precise calculation for your particular situation, including any unorthodox matters. If it concerns potential oppositions, litigation or other such cases that are usually based on an hourly rate, please send us a brief description of the circumstances. We will analyze the case and prepare a detailed professional estimation of associated costs.