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USA TradeMark Registration Help

Discussion in 'Legal Issues' started by dumindushalika, Apr 27, 2016.

  1. #1
    Hello
    I am going to register a trademark in USA by myself without hiring any attorney and I need your support before proceed with the registration.

    1. Do I need to pay taxes (such as income tax) to USA tax authorities if my trademark application is accepted (I am not a citizen or resident in USA)?

    2. Is there any possibility to get any lawsuit against my trademark (after the registration with USPTO) from other trademark owners? If yes, in what situations and for what reasons?

    3. This is my logo that I am going to register. Does my current description of mark match with this logo? Or what is the suggested description?
    [​IMG]

    Current intended description to use when filling the application: Color is not claimed as a feature of the mark. Mark consists of stylized wording "Villas.Villas" and a design next to the wording where an incomplete circle with two lines starts inside of the incomplete circle and go outside of the incomplete circle into two directions

    4. How can I classify the most suitable Design Code for this logo?
    26.01.03 Incomplete circles (more than semi-circles) + 26.17.25 Other lines, bands or anything else?

    5. I haven't register this as a trademark in my home country as my target audience/market is in USA. Will it be an issue when registering the logo as a trademark in USA?

    6. If I want to secure the domain name ( I already own/registered the domain name though) too as a trademark what is the process to do it and what will be the cost?
     
    Last edited: Apr 27, 2016
    dumindushalika, Apr 27, 2016 IP
  2. billzo

    billzo Well-Known Member

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    #2
    No, you will not have to pay U.S. taxes unless you are physically operating in United States territory. You will have to pay a trademark application fee, though. I think you will have to pay an annual renewal fee as well. You can check out the fees here:

    http://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule#TM Process Fee

    You can get sued if you infringe an existing trademark. And the United States does not require a trademark to be filed. As long as you are using it in the course of business (and it does not infringe on another trademark) you have trademark rights without filing for a trademark. They are granted automatically such as copyrights are when a work is published.

    https://en.wikipedia.org/wiki/United_States_trademark_law


    If I were you, I would not worry about any of this stuff at all unless you want to waste the money. If you are already established and making good money, hire an American lawyer. Otherwise, just forget about it.
     
    billzo, Apr 27, 2016 IP
    dumindushalika likes this.
  3. jrbiz

    jrbiz Acclaimed Member

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    #3
    Couple of comments on this:

    1. Anyone can sue anyone for any reason in the U.S. and having a trademark does not protect you from this fact nor does it make you more likely to be sued. It is simply a fact of business life.

    2. There is a "TM" trademark which you can affix to any proprietary logo or name on your own without involvement from the U.S. Patent office. You can apply to them for R (Registered Trademark) status but I believe that you have to be able to prove that you have been openly using and trademarking (TM) the logo/name for 2 years or more.
     
    jrbiz, Apr 28, 2016 IP