The United States is one of the world's largest markets, and US trademark registration matters greatly for anyone selling through Amazon in particular. This article covers trademark registration in the US and the aspects of the process unique to it.
Why Does US Trademark Registration Matter?
If you sell — or plan to sell — into the US market, registering your brand there is critical for both legal protection and commercial access. A US trademark, in particular, provides a significant advantage for Amazon Brand Registry.
USPTO and the Process
US trademark applications are filed with the USPTO (United States Patent and Trademark Office). The process consists of filing, examination, publication (opposition) and registration. You can file directly with the USPTO or through the Madrid Protocol.
Unique to the US: The Use Requirement
The US system rests heavily on the principle of "use". An application can be based on actual use of the mark in commerce (use in commerce) or on an intent to use it. During and after registration, you must submit a specimen showing the mark's actual use. This is an important difference that sets the US apart from many other countries.
Points to Watch
- Evidence of use: The mark's genuine commercial use must be documented.
- Classification: US goods/services descriptions require detail and clarity.
- Local representation: Foreign applicants may face a requirement to have a US-based attorney.
Protection in the US with Webx
Webx determines the right filing strategy — direct USPTO filing or via the Madrid Protocol — for brands targeting the US market and manages the process. Get an assessment for US registration.
Class Scope in a US Application
In a US application the list of goods and services must be drafted far more specifically than in Türkiye: the USPTO does not accept broad, general formulations and expects each item to state what it actually is. Translating your Turkish scope as it stands usually results in an office action.
The class structure itself is shared; for a starting point see All 45 Trademark Classes.