Trademark Services · USA

USA Trademarks protect your brand in the world's largest market.

Trademark registration in the United States — USPTO application filing, office action responses, and maintenance filings — for Indian businesses expanding to the USA and for US brands protecting their marks before entering India.

The United States is one of the most commercially significant trademark jurisdictions in the world — and one of the most complex. US trademark law is based on use in commerce, not just registration — meaning that rights are acquired through actual commercial use, and a USPTO registration requires either current use (use-in-commerce application) or a bona fide intent to use the mark (intent-to-use application). Understanding this distinction is critical to a successful US filing strategy.

The USPTO examination process includes a search for confusingly similar marks, substantive examination, publication in the Official Gazette for a 30-day opposition period, and — for intent-to-use applications — a Statement of Use once the mark is actually used in commerce. Post-registration, the registrant must file maintenance declarations (Section 8 affidavit) between the 5th and 6th year and at the 10-year renewal — failure to file results in cancellation.

At Beyonte Compliances, we work with qualified US trademark attorneys to file and prosecute USPTO applications for Indian clients — providing a single point of contact for clients managing both Indian and US trademark portfolios. We handle the filing strategy, track deadlines, and co-ordinate responses to office actions.

What Our USA Trademark Service Covers

US Trademark Search

Comprehensive search of the USPTO TESS database and common law sources — assessing the risk of refusal and opposition before filing.

Use-in-Commerce Application

Filing of a USPTO trademark application based on current use of the mark in US commerce — with specimens of use demonstrating how the mark is being used.

Intent-to-Use Application

Filing of a USPTO trademark application based on bona fide intent to use the mark in US commerce — with a Statement of Use filed once commercial use commences.

Paris Convention Priority

Filing a US application within six months of the Indian filing date — claiming Paris Convention priority to backdating rights to the Indian filing date.

Office Action Response

Preparation and filing of responses to USPTO office actions — addressing likelihood of confusion refusals, descriptiveness refusals, specimen issues, and other objections.

Opposition Proceedings

Monitoring of the Official Gazette and filing notices of opposition or defending against oppositions before the Trademark Trial and Appeal Board (TTAB).

Section 8 & 15 Declarations

Filing of the mandatory Section 8 Declaration of Continued Use (between years 5 and 6) and optional Section 15 Incontestability Declaration — to maintain the registration.

USPTO Renewal (Section 9)

Filing of the 10-year renewal application with the USPTO — maintaining the registration indefinitely.

Our Process

US Search & Strategy

Conducting a USPTO search and advising on filing strategy — use-in-commerce vs. intent-to-use, class selection, and specimen requirements.

Application Filing

Filing the USPTO application through our US trademark attorney network — with all required representations and supporting documents.

Examination & Office Actions

Tracking examination progress and preparing responses to any office actions — coordinated between our team and the US attorney.

Publication & Statement of Use

Monitoring the Official Gazette publication and filing the Statement of Use for intent-to-use applications once use in commerce commences.

Registration & Maintenance

Receiving the registration certificate and tracking Section 8, Section 15, and Section 9 maintenance deadlines.

Why It Matters

✓US trademark protection — exclusive rights in the world's largest market

✓Paris Convention priority available from Indian filing date

✓Use-in-commerce and intent-to-use applications both supported

✓Office action responses co-ordinated with qualified US attorneys

✓Section 8 and renewal deadlines tracked — no lapse in protection

✓Opposition monitoring during Official Gazette publication period

✓Single point of contact for Indian and US trademark portfolios

✓Faster market entry with trademark protection already in place

Frequently Asked Questions

Yes. The USPTO accepts intent-to-use (ITU) applications for marks that the applicant has a bona fide intent to use in US commerce. An ITU application gives the applicant a priority date — and once the mark is actually used in commerce, a Statement of Use must be filed to complete the registration.

If you have filed a trademark application in India, you can file a US application within six months of the Indian filing date and claim Paris Convention priority — meaning your US application is treated as if it had been filed on the same date as your Indian application. This is valuable for protecting your priority position in the US.

Foreign applicants (applicants whose domicile is outside the US) are required to appoint a US-licensed attorney to file and prosecute USPTO trademark applications. We work with qualified US trademark attorneys who handle the USPTO filing on behalf of our clients.

A US trademark registration is valid for 10 years from the date of registration. To maintain the registration, a Section 8 Declaration of Continued Use must be filed between the 5th and 6th year after registration. Renewal (Section 9) is required every 10 years thereafter.

Register your trademark in the USA — and protect your brand globally.

Talk to our trademark team about a US trademark filing strategy for your brand.