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USA Trademark Registration in West Bengal
Protect Your Brand in the US Market with Expert USPTO Filing Assistance via TEAS Plus - Starting @ ₹24,999 + $250/class
Listed amounts are IncorpX professional charges for filing assistance. USPTO government fees are charged separately at actuals. Federal Protection Across All 50 States. US-Licensed Attorney Coordination. TESS Search Included. 100% Online from West Bengal.
Comprehensive TESS Database Search
TEAS Plus / TEAS Standard Filing
Use-Based & Intent-to-Use Applications
US-Licensed Attorney Coordination
Office Action Response Support
Statement of Use Filing Assistance
Madrid Protocol Route Available
Section 8/9 Maintenance Reminders
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Expand Your Brand to the US Market from West Bengal?
The United States is the world's largest consumer market. Protect your brand with a federally registered trademark under the Lanham Act. IncorpX assists with every step, from TESS search to USPTO filing, starting at ₹24,999 (professional fee for assistance; USPTO government fees separate).
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Register Your Trademark in the USA from West Bengal
Expert USPTO filing assistance from West Bengal. TESS search, TEAS application preparation, US attorney coordination, and post-registration maintenance support. We assist at each stage.
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USA Trademark Registration Assistance Package 2026
From ₹24,999 IncorpX professional fee for assistance
Processing time varies with document readiness and regulator review
USA trademark registration is the legal process of filing a trademark application with the United States Patent and Trademark Office (USPTO) under the Lanham Act (15 U.S.C. §§ 1051-1141) to secure exclusive brand rights across all 50 US states. For businesses in West Bengal expanding into the world's largest consumer market, federal USPTO registration provides the strongest available brand protection.
Cost: ₹24,999 (IncorpX professional fee for assistance) + $250/class USPTO government fee (charged separately at actuals). Timeline: 12 to 18 months (use-based). Process: 8 steps via TEAS at teas.uspto.gov. Validity: 10 years, renewable indefinitely. Requirement: US-licensed attorney mandatory for foreign applicants since August 2019.
The United States operates on a use-based trademark system, meaning trademark rights arise from actual commercial use, not merely from registration. This is fundamentally different from India's first-to-file system. Indian businesses from West Bengal expanding to the US market through e-commerce platforms like Amazon.com, SaaS products, IT services exports, or physical goods need federal USPTO registration for the strongest available brand protection.
Indian businesses from West Bengal can file directly with the USPTO via the TEAS system, claim priority under the Paris Convention (Section 44(d)), or use the Madrid Protocol route (Section 66(a)) through WIPO. Since August 3, 2019, all foreign applicants must be represented by a US-licensed attorney under 37 C.F.R. § 2.11(a), making professional assistance essential. Learn about broader intellectual property services or trademark registration in India.
At IncorpX, our team of IP professionals and US-licensed attorney partners provides end-to-end assistance for USPTO filing from West Bengal, including TESS search, filing basis consultation, TEAS application preparation, office action responses, and Statement of Use filings. We have assisted with 500+ international trademark filings with a 90% first-attempt acceptance rate. Professional fees start at ₹24,999; USPTO government fees are charged separately at actuals.
Governing Law: Lanham Act (15 U.S.C. §§ 1051-1141) | Regulator: USPTO, US Department of Commerce (uspto.gov) | Key Sections: §1(a) Use-Based, §1(b) Intent-to-Use, §2(d) Likelihood of Confusion, §44(d) Paris Convention, §66(a) Madrid Protocol, §8/§9 Maintenance
Parameter
Details
Governing Law
Lanham Act (Trademark Act of 1946, 15 U.S.C. §§ 1051-1141)
US-licensed attorney mandatory (since August 3, 2019)
Why Register a Trademark in the USA from West Bengal?
Federal USPTO registration provides tangible legal, commercial, and strategic advantages for businesses in West Bengal operating in or expanding to the US market:
Federal Legal Protection
Registration under the Lanham Act grants exclusive rights enforceable in all US federal courts. Section 32 provides remedies including injunctions (Section 34), treble damages, and attorney fees (Section 35) for wilful infringement.
Nationwide Brand Coverage
A single USPTO registration protects your brand across all 50 US states, Washington D.C., and US territories. Without federal registration, trademark rights are limited to the geographic area where the mark is actually used.
Amazon Brand Registry Access
Amazon Brand Registry requires a registered or pending US trademark for enrollment. Registration enables A+ Content, Sponsored Brands ads, counterfeit reporting, and listing protection on the world's largest e-commerce marketplace.
US Customs Recordation
Record your US trademark with US Customs and Border Protection (CBP) to block importation of counterfeit goods bearing your mark. CBP can seize infringing imports at US ports without a separate lawsuit.
International Priority Rights
A US trademark application establishes a priority date that can be claimed in 170+ Paris Convention countries within 6 months under Section 44(d). Critical for businesses from West Bengal planning multi-country brand expansion.
Business Asset and Licensing
A registered US trademark is an intangible asset that can be licensed for royalty income, franchised, or assigned. US trademark valuations increase overall company valuation for Indian startups seeking US venture capital.
® Symbol and Legal Presumptions
Registration grants the right to use the ® symbol and creates a legal presumption of ownership and validity under Section 7(b) of the Lanham Act. The burden of proof shifts to the challenger in infringement disputes.
Incontestable Status After 5 Years
After 5 years of continuous use, file a Section 15 declaration ($200/class) to achieve incontestable status, which limits the grounds on which competitors can challenge your trademark rights in court.
4 Filing Bases for US Trademark Applications from West Bengal
Indian businesses from West Bengal can file a USPTO trademark application under four different filing bases. Each basis has specific requirements, cost implications, and timelines:
Parameter
§1(a) Use-Based
§1(b) Intent-to-Use
§44(d) Paris Convention
§66(a) Madrid Protocol
Requirement
Mark in US commerce
Bona fide intent to use
Foreign application within 6 months
Indian base mark
Specimen at Filing
Yes (mandatory)
No (SOU later)
No (SOU later)
No
Timeline
12 to 18 months
18 to 24 months
12 to 18 months
12 to 18 months
Additional Fees
None
$100/class (SOU)
None
WIPO fees + designation fees
Best For
SaaS, e-commerce with US sales
Pre-launch US market entry
Multi-country filing with priority
Protection in 3+ countries
Independence
Standalone US registration
Standalone US registration
Standalone US registration
Dependent on Indian mark for 5 years
US Attorney Required
Yes
Yes
Yes
Only for office actions
Filing Basis Recommendation: Most Indian startups from West Bengal entering the US market for the first time use Section 1(b) Intent-to-Use. If you filed your Indian trademark within the last 6 months, Section 44(d) Paris Convention gives you a priority date advantage. IncorpX includes filing basis consultation as part of the ₹24,999 assistance package.
Who Should Register a US Trademark from West Bengal?
USA trademark registration benefits any business in West Bengal that sells, plans to sell, or provides services in the US market:
E-Commerce Sellers (Amazon.com, eBay)
Sellers from West Bengal on Amazon.com need a US trademark for Amazon Brand Registry, which unlocks A+ Content, brand analytics, and counterfeit protection. A USPTO serial number qualifies for enrollment.
SaaS & Software Companies
Software companies from West Bengal serving US customers need USPTO protection under Class 42 (SaaS) and Class 9 (software). US clients and investors expect the ® symbol as a trust signal.
Exporters & Manufacturers
Businesses from West Bengal exporting goods to the US need trademark protection in their product class. Register before a US competitor files a confusingly similar mark in your goods category.
D2C Brands & FMCG Exporters
Indian food, beauty, textile, and consumer brands from West Bengal entering the US retail or e-commerce market need USPTO protection to prevent brand squatting and secure shelf space.
IT Services & Consulting Firms
IT companies from West Bengal with US clients should register under Class 42 (IT services) and Class 35 (business consulting). Protects brand identity in the world's largest IT market.
Pharma Companies with FDA Products
Pharmaceutical companies from West Bengal with FDA-approved products should file under Class 5 (pharmaceuticals). Trademark protection is critical for branded drug marketing in the US.
Amazon Brand Registry: Amazon Brand Registry enrollment requires a registered or pending US trademark. Register early because the 12 to 18 month timeline means delayed brand protection on the platform. Already planning a US company? Explore USA company registration alongside your trademark filing.
Step-by-Step USA Trademark Registration Process from West Bengal
The complete USPTO trademark registration process involves 8 steps, takes 12 to 18 months from filing to certificate (use-based), and costs ₹45,799 total for a single-class TEAS Plus filing (₹24,999 professional fee for assistance + ~₹20,800 USPTO government fee). Here is how IncorpX assists businesses from West Bengal:
Step 1: Conduct TESS Trademark Search
We conduct a comprehensive search on the USPTO Trademark Electronic Search System (TESS) at tmsearch.uspto.gov for identical and confusingly similar marks across all 45 Nice Classification classes. This reduces the risk of Section 2(d) refusals.
Portal: tmsearch.uspto.gov | Time: 1 to 2 days
Step 2: Select Filing Basis and Trademark Class
Based on your business situation in West Bengal, we recommend the optimal filing basis: Section 1(a) use-based, Section 1(b) intent-to-use, Section 44(d) Paris Convention priority, or Section 66(a) Madrid Protocol. We advise on Nice Classification classes for your goods and services.
Time: 1 day (with expert consultation)
Step 3: Engage US-Licensed Attorney
We coordinate a US-licensed attorney as required under 37 C.F.R. § 2.11(a) since August 3, 2019. The attorney reviews the application, conducts legal analysis, and represents you before the USPTO. IncorpX manages complete US attorney coordination as part of the ₹24,999 assistance package.
Time: 1 to 2 days
Step 4: Prepare and File TEAS Application
Submit the trademark application through TEAS Plus ($250/class) or TEAS Standard ($350/class) at teas.uspto.gov. Include mark representation, applicant information, goods/services description, and specimens (for use-based applications). USPTO issues a serial number within 24 to 48 hours.
Portal: teas.uspto.gov | Fee: $250 to $350/class | Time: 1 to 2 days
Step 5: USPTO Examination
A USPTO examining attorney reviews the application within 3 to 4 months of filing. The examiner checks for likelihood of confusion (Section 2(d)), descriptiveness (Section 2(e)(1)), and compliance with all Lanham Act requirements. If issues are found, the examiner issues an Office Action.
Timeline: 3 to 4 months from filing
Step 6: Respond to Office Action (If Issued)
If the examining attorney issues an Office Action, you have 3 months to respond (extendable to 6 months for $125). Our team addresses each ground of refusal with legal arguments, evidence, or amendments. Need help? Explore our trademark objection reply services.
Deadline: 3 months (extendable to 6 months for $125)
Step 7: Publication in Official Gazette
Once approved, the mark is published in the USPTO Official Gazette for a 30-day opposition period. We monitor for any opposition filings before the Trademark Trial and Appeal Board (TTAB). Read about trademark opposition procedures.
Opposition Window: 30 days | Body: TTAB
Step 8: File Statement of Use (ITU Only) and Receive Registration
For Section 1(b) ITU applications, the USPTO issues a Notice of Allowance. You then have 6 months to file a Statement of Use with specimens and $100/class fee. Extensions up to 36 months total are available at $125/class. For use-based applications, the registration certificate is issued directly. Valid for 10 years, renewable indefinitely.
SOU Fee: $100/class | Extensions: $125/class per 6 months | Validity: 10 years
Filing a USPTO application without a comprehensive TESS clearance search is the most expensive mistake Indian businesses make. A Section 2(d) Office Action wastes your non-refundable filing fee and months of processing time. A comprehensive TESS search is included in the ₹24,999 assistance package.
Documents Required for USA Trademark Registration
The documents required vary based on your filing basis. Here is a comprehensive list for applicants from West Bengal:
Document
Description
Required For
Mark Representation
Standard character (text only) or special form drawing/logo in JPEG format (max 944 x 944 pixels)
All applications
Applicant Details
Full legal name, address, entity type, country of citizenship/incorporation
All applications
Goods/Services Description
Specific identification from USPTO ID Manual (TEAS Plus) or custom description (TEAS Standard)
All applications
Specimen of Use (Goods)
Photos of mark on product labels, packaging, tags, or containers as sold in US commerce
Section 1(a) use-based
Specimen of Use (Services)
Website screenshots with URL and date showing mark used in connection with services
Section 1(a) use-based
Signed Declaration
Declaration of use (Section 1(a)) or bona fide intent to use (Section 1(b)), signed under penalty of perjury
All applications
Power of Attorney
Authorization for US-licensed attorney to represent the applicant before the USPTO
All foreign applicants
Indian TM Certificate
Copy of Indian trademark application or registration certificate for priority claim
Section 44(d) only
Company Incorporation Docs
Certificate of incorporation, MOA/AOA, or partnership deed
Entity applicants
The USPTO is strict about specimen quality. For goods, the mark must appear on the actual product or packaging - not just an invoice or business card. For services, website screenshots must show the mark prominently with a visible URL and date. Poor specimens are the number one cause of Office Actions for Indian filers.
USA Trademark Registration Cost 2026
USPTO fees are paid in US dollars and vary by filing type and class. IncorpX professional fees listed below are for filing assistance and are fixed in Indian Rupees. USPTO government fees are charged separately at actuals with receipt provided. No markup on government fees. The cost is identical regardless of whether you file from West Bengal or any other Indian city.
Fee Component
Amount (USD)
Approx. INR
Notes
TEAS Plus Filing
$250 per class
~₹20,800
Pre-approved ID Manual descriptions required
TEAS Standard Filing
$350 per class
~₹29,100
Custom goods/services descriptions allowed
Statement of Use (ITU)
$100 per class
~₹8,300
Required for Section 1(b) applications only
Extension of Time (ITU)
$125 per class
~₹10,400
Per 6-month extension (max 5 extensions)
Section 8 Declaration (Years 5-6)
$225 per class
~₹18,700
Mandatory maintenance filing
Section 9 Renewal (Every 10 Years)
$300 per class
~₹25,000
Combined with Section 8 ($525/class total)
Section 15 Incontestability
$200 per class
~₹16,600
Optional; filed after 5 years continuous use
GST on Professional Fee
-
₹4,500 (18%)
On IncorpX fee only; USPTO fees: no GST
IncorpX Professional Fees
IncorpX Assistance Package
₹24,999
Professional fee for filing assistance: TESS search + application preparation + attorney coordination + office action support
Total Cost Scenarios
Scenario
Total Cost (approx.)
Single Class, TEAS Plus, Use-Based
₹45,799
Single Class, TEAS Plus, Intent-to-Use
₹54,099
Single Class, TEAS Standard, Use-Based
₹54,099
Two Classes, TEAS Plus, Use-Based
₹66,599
Three Classes, TEAS Plus, Use-Based
₹87,399
IndiaFilings charges $649 (~₹54,000) as a flat fee inclusive of government fees. IncorpX charges ₹24,999 (professional fee for filing assistance) + USPTO government fees at actuals with receipt provided, saving approximately ₹8,000 on a single-class TEAS Plus application. No markup on USPTO fees.
Save $100 Per Class: Choose TEAS Plus over TEAS Standard to save $100 per class. Check the USPTO ID Manual at id.uspto.gov/id/search for pre-approved descriptions. Most standard business services and products have pre-approved entries available.
USA Trademark Registration Timeline
The total timeline from filing to registration depends on the filing basis and whether office actions are issued. Here is the stage-wise breakdown for applicants from West Bengal:
Stage
Use-Based (Section 1(a))
Intent-to-Use (Section 1(b))
Notes
Filing and Serial Number
Day 1
Day 1
Immediate confirmation from USPTO
TESS Search + Preparation
3 to 5 days
3 to 5 days
IncorpX + US attorney review
Assigned to Examiner
3 to 4 months
3 to 4 months
USPTO processing queue
Office Action Response
+3 to 6 months (if issued)
+3 to 6 months (if issued)
3-month deadline, extendable
Official Gazette Publication
5 to 8 months
5 to 8 months
30-day opposition period
Notice of Allowance
N/A
6 to 9 months
ITU only; triggers SOU deadline
Statement of Use Filing
N/A
+6 to 36 months
$100/class + extensions at $125/class
Registration Certificate
12 to 18 months
18 to 24+ months
Final registration issued
The 3-month office action response deadline runs from the date of issuance, not from when you discover it. Missing this deadline results in automatic abandonment. Extensions cost $125 per request. Check your application status regularly on TSDR at tsdr.uspto.gov.
India vs USA Trademark Registration: Key Differences
Understanding the fundamental differences between the Indian and US trademark systems is critical for businesses in West Bengal filing in the US for the first time. The most important distinction is that India follows a first-to-file system while the US follows a use-based system.
Parameter
India (Trade Marks Act, 1999)
USA (Lanham Act, 1946)
System Type
First-to-file (registration-based)
Use-based (rights from actual use)
Regulator
CGPDTM (Ministry of Commerce)
USPTO (Department of Commerce)
Filing Portal
ipindiaonline.gov.in
teas.uspto.gov
Specimen of Use
Not required at filing
Required for use-based; required before registration for ITU
In the US, you cannot obtain a trademark registration without proving actual use of the mark in commerce. Businesses from West Bengal filing under Section 1(b) (intent-to-use) must eventually provide specimens. Plan your US market entry before or alongside your trademark filing. File your Indian trademark first if you have not done so.
US Trademark Maintenance and Renewal
Unlike India's simpler renewal system, the US requires active maintenance filings to keep your trademark alive. Missing critical deadlines results in permanent cancellation with no restoration option.
Filing
When
Fee (Per Class)
Consequence of Missing
Section 8 Declaration
Between 5th and 6th year after registration
$225 (+ $100 surcharge if late)
Permanent cancellation, no restoration
Section 15 Incontestability
After 5 years of continuous use (optional)
$200
Loss of incontestability benefits
Section 9 Renewal + Section 8
Every 10 years from registration
$525 ($300 + $225)
Expiry, registration lapses
The Section 8 Declaration of Continued Use must be filed between the 5th and 6th anniversary of your registration date. There is a 6-month grace period with a $100 surcharge, but no further extensions. Missing this deadline results in permanent cancellation. IncorpX sends automated Section 8/9 maintenance reminders to all clients.
For Indian trademark renewal, the process is simpler. File Form TM-R before the 10-year expiry with ₹9,000 fee. Learn more about trademark renewal in India.
Related Services in West Bengal
USA trademark registration works best as part of a comprehensive IP protection strategy. Here are related services for businesses in West Bengal expanding globally:
Indian Trademark Registration
Register your trademark in India under the Trade Marks Act, 1999 before or alongside your US filing. Required as a base mark for Madrid Protocol applications. Starting at ₹1,499.
Expert response to USPTO Office Actions and Indian Examination Reports. Address Section 2(d) confusion, descriptiveness, and specimen deficiency issues.
Incorporate your business in the US alongside your trademark registration. LLC or Corporation formation for Indian businesses entering the American market.
Registering a trademark in the USA from West Bengal requires navigating the USPTO's use-based system, the Lanham Act, and filing through TEAS. Here are answers to the most common questions about USA trademark registration from West Bengal.
USA trademark registration is the legal process of filing a trademark application with the United States Patent and Trademark Office (USPTO) under the Lanham Act (15 U.S.C. §§ 1051-1141) to secure exclusive brand rights across all 50 US states. Registration is valid for 10 years from the registration date and is renewable indefinitely in 10-year cycles by filing combined Section 8 and Section 9 declarations.
Yes, any business or individual from West Bengal can file a USA trademark application 100% online through the USPTO TEAS system (teas.uspto.gov). No physical visit to the US or any Indian office is required. Since August 2019, all foreign applicants must appoint a US-licensed attorney under 37 C.F.R. § 2.11(a). IncorpX assists businesses in West Bengal with the entire USPTO filing process, starting at ₹24,999 (professional fee for assistance; USPTO government fees charged separately at actuals), with US attorney coordination included.
The Lanham Act, also called the Trademark Act of 1946, is the primary US federal law governing trademark registration, protection, and enforcement. It is codified at 15 U.S.C. §§ 1051-1141. Key sections include Section 1(a) for use-based filing, Section 1(b) for intent-to-use applications, Section 2(d) for likelihood of confusion refusals, and Section 32 for trademark infringement remedies in federal courts.
The US follows a use-based trademark system under Section 1(a) of the Lanham Act, meaning trademark rights arise from actual commercial use, not just registration. Applicants must prove the mark is being used in US interstate commerce by submitting specimens such as product photos or website screenshots showing the mark in connection with goods or services sold in the US market.
An intent-to-use (ITU) application under Section 1(b) of the Lanham Act allows filing before the mark is used in US commerce. The applicant must declare a bona fide intent to use the mark. After USPTO approval and Official Gazette publication, a Notice of Allowance is issued. The applicant then has 6 months (extendable to 36 months at $125/class per extension) to file a Statement of Use with specimen and $100/class fee. ITU is ideal for businesses from West Bengal planning US market entry.
TEAS Plus costs $250 per class and requires selecting goods/services descriptions from the USPTO ID Manual (pre-approved list). TEAS Standard costs $350 per class and allows custom descriptions of goods and services. TEAS Plus saves $100 per class but limits description flexibility. Most Indian businesses filing in standard categories can use TEAS Plus for the lower fee.
Yes. Since August 3, 2019, all foreign applicants (including Indians) must appoint a US-licensed attorney under 37 C.F.R. § 2.11(a) for USPTO trademark filings. The attorney must be an active member of a US state bar in good standing. IncorpX coordinates US-licensed attorney representation as part of the ₹24,999 assistance package, so businesses in West Bengal do not need a separate attorney search.
A Statement of Use (SOU) is a sworn declaration filed with the USPTO for Section 1(b) intent-to-use applications after receiving the Notice of Allowance. It proves the mark is now being used in US commerce. Filing requires a specimen, $100 per class fee, and submission within 6 months of the Notice of Allowance. Extensions of up to 36 months total are available at $125/class per extension.
TESS (Trademark Electronic Search System) at tmsearch.uspto.gov is the USPTO's free public database for searching existing US trademark registrations and pending applications. Search by word mark, design code, serial number, or owner name. A thorough TESS search before filing helps identify potential conflicts under Section 2(d) of the Lanham Act and reduces the risk of office action refusals.
Section 2(d) of the Lanham Act is the most common ground for trademark refusal at the USPTO. The examining attorney refuses registration if the applied mark is confusingly similar to an existing registered or pending mark in related goods or services. Factors considered include visual similarity, phonetic similarity, meaning, commercial impression, and the relatedness of the goods/services covered by each mark.
After examination approval, the USPTO publishes the trademark in the Official Gazette for a 30-day opposition period. During this window, any third party who believes they would be damaged by the registration can file an opposition with the Trademark Trial and Appeal Board (TTAB). If no opposition is filed within 30 days, the application proceeds to registration (use-based) or Notice of Allowance (ITU).
Section 15 of the Lanham Act allows a trademark owner to achieve incontestable status after 5 consecutive years of continuous use following registration. Filing a Section 15 declaration ($200/class) significantly strengthens the mark by limiting grounds on which competitors can challenge it. Incontestable marks cannot be challenged for descriptiveness or lack of secondary meaning.
The USPTO can refuse registration under Section 2 of the Lanham Act for: likelihood of confusion with existing marks (Section 2(d)), descriptiveness without secondary meaning (Section 2(e)(1)), geographic descriptiveness (Section 2(e)(2)), deceptive marks (Section 2(a)), surnames without acquired distinctiveness (Section 2(e)(4)), and functional features (Section 2(e)(5)). Section 2(d) likelihood of confusion accounts for over 60% of all office action refusals.
Register a US trademark from West Bengal by filing through TEAS at teas.uspto.gov with a US-licensed attorney (mandatory since August 2019). The 8-step process includes TESS trademark search, class and filing basis selection, attorney engagement, TEAS Plus application ($250/class), USPTO examination (3 to 4 months), office action response if needed, Official Gazette publication (30 days), and registration certificate issuance. Total timeline is 12 to 18 months.
Use-based applications (Section 1(a)) take 12 to 18 months from filing to registration. Intent-to-use applications (Section 1(b)) take 18 to 24 months because of the additional Statement of Use filing step. The USPTO examining attorney reviews the application within 3 to 4 months from filing. Official Gazette publication runs for 30 days. Office actions, if issued, add 3 to 6 months to the timeline.
Required documents include: trademark representation (word mark or design image), specimen of use (product photo or website screenshot for use-based filing), applicant identity proof (passport or Certificate of Incorporation), goods/services description per Nice Classification, signed Power of Attorney for US attorney, and proof of use dates for Section 1(a) applications. Madrid Protocol applicants also need their Indian TM application number.
Respond to a USPTO office action within 3 months from the issue date (extendable to 6 months for $125). Address each ground of refusal cited by the examining attorney, such as Section 2(d) likelihood of confusion or Section 2(e)(1) descriptiveness. Responses may include legal arguments, amended descriptions, disclaimers, consent agreements, or evidence of acquired distinctiveness. Non-response causes automatic abandonment of the application.
File a Madrid Protocol application under Section 66(a) of the Lanham Act by submitting Form TM-M through the Indian IP Office at ipindiaonline.gov.in. You need an existing Indian trademark application or registration as the base mark. WIPO forwards the international application to the USPTO for examination. This route avoids a separate US attorney for filing, though the USPTO may still require one for office actions.
Yes, file an intent-to-use (ITU) application under Section 1(b) of the Lanham Act without current commercial use. You must declare a bona fide intent to use the mark in US commerce. After USPTO approval and publication, you receive a Notice of Allowance and get 6 months to submit a Statement of Use with specimen ($100/class). Extensions up to 36 months total are available at $125/class per extension.
For goods: photographs of the mark appearing on the product itself, product packaging, labels, or tags as actually sold in US commerce. For services: website screenshots showing the mark with the URL and access date, advertising materials, or business cards. The specimen must show the mark in actual commercial use, not just as an ornamental design. Mock-ups, digitally altered images, and printer proofs are not acceptable specimens.
Check your application status on TSDR (Trademark Status and Document Retrieval) at tsdr.uspto.gov by entering your serial number or registration number. TSDR shows the current prosecution status, examining attorney assignment, office action history, and all filed documents. The USPTO also sends email notifications for key milestones. Check status regularly since the office action response deadline is 3 months from issue date.
The total cost for a single-class TEAS Plus filing is ₹45,799: ₹24,999 IncorpX professional fee (for filing assistance) + $250 USPTO government fee (~₹20,800, charged separately at actuals). TEAS Standard filing costs $350/class (~₹29,100) instead. Intent-to-use applications add $100/class (~₹8,300) for the Statement of Use. Each additional class adds $250 (TEAS Plus) or $350 (TEAS Standard). 18% GST applies on professional fees only. The cost is the same regardless of whether you file from West Bengal or any other Indian city.
The USPTO government fee for TEAS Plus filing is $250 per class (~₹20,800), requiring goods/services descriptions from the USPTO ID Manual. TEAS Standard filing costs $350 per class (~₹29,100) and allows custom descriptions. Additional fees include: Statement of Use $100/class, extension of time $125/class, Section 8 declaration $225/class, and Section 9 renewal $300/class. All fees are per trademark class.
IncorpX's ₹24,999 assistance package includes: comprehensive TESS trademark search and clearance report, Nice Classification class consultation, TEAS Plus or TEAS Standard application preparation, US-licensed attorney coordination (mandatory for foreign filers), filing and prosecution support, office action response assistance, and post-registration maintenance reminders for Section 8/9 deadlines. The ₹24,999 is IncorpX's professional fee for filing assistance. USPTO government fees ($250 to $350/class) are charged separately at actuals with receipt.
IncorpX's professional fee of ₹24,999 (~$300) for filing assistance, plus USPTO government fees at actuals, is more transparent than competitors. IndiaFilings charges $649 (~₹54,000) as a flat fee inclusive of government fees. IncorpX's total for a single-class TEAS Plus filing is ₹45,799, compared to ₹54,000+ at IndiaFilings, saving ₹8,000 per application. Government fees are never marked up.
US trademark renewal requires filing combined Section 8 ($225/class) and Section 9 ($300/class) declarations every 10 years, totaling $525 per class (~₹43,700). Additionally, a mandatory Section 8 declaration ($225/class) must be filed between the 5th and 6th year after registration. Failure to file Section 8 results in permanent cancellation with no restoration option. Optional Section 15 incontestability costs $200/class.
No, USPTO government fees are non-refundable regardless of the application outcome. If the trademark is refused or abandoned, the $250 (TEAS Plus) or $350 (TEAS Standard) per class fee is not returned. This is why conducting a thorough TESS search before filing is critical. IncorpX's comprehensive clearance search helps identify potential conflicts early to minimize the risk of fee loss.
For a single-class TEAS Plus use-based application, the total cost in rupees is ₹45,799: ₹24,999 (IncorpX professional fee for filing assistance) + ₹20,800 (~$250 USPTO government fee, charged separately at actuals at ₹83/USD). For TEAS Standard, the total is ₹54,099. Intent-to-use applications add ₹8,300 (~$100/class) for the Statement of Use. Exchange rates may vary; USPTO fees are charged in USD at actuals.
India follows a first-to-file system under the Trade Marks Act, 1999, while the USA follows a use-based system under the Lanham Act. Key differences: India costs ₹4,500 per class vs USA $250/class; India does not require proof of use at filing vs USA requires specimen of use; USA mandates a US attorney for foreign filers; India has 4-month opposition vs USA 30 days. Both use Nice Classification across 45 classes.
Direct USPTO filing is recommended for most Indian businesses targeting only the US market. It provides a standalone US registration independent of the Indian base mark, full control over prosecution, and US attorney representation. Madrid Protocol (Section 66(a)) is better for businesses seeking protection in multiple countries simultaneously. However, Madrid registrations depend on the Indian base mark for the first 5 years; if the Indian mark is cancelled, the US designation also falls.
Yes, you can and should register your trademark in both jurisdictions for complete brand protection. The Indian registration under the Trade Marks Act, 1999 covers India; the US registration under the Lanham Act covers the US. The two systems are independent. An Indian trademark does not automatically protect your brand in the US. File through Paris Convention (Section 44(d)) within 6 months of the Indian filing date to claim priority.
If you are already selling in the US market, file the US trademark first under Section 1(a) (use-based) since you need to prove commercial use. If planning to enter the US market, file in India first, then use Paris Convention (Section 44(d)) to claim priority within 6 months. For Madrid Protocol route, an Indian base application is mandatory. IncorpX assists with both Indian (₹1,499) and US (₹24,999) trademark filings.
Amazon Brand Registry requires a registered or pending trademark in the country of your Amazon store. A US trademark (registered or with a serial number) qualifies for Amazon.com Brand Registry, giving you enhanced brand content (A+ Content), brand analytics, counterfeit reporting tools, and listing protection. Indian sellers on Amazon.com should file a US trademark to access these features.
No, trademarks are territorial. An Indian trademark registered under the Trade Marks Act, 1999 provides protection only within India. For US protection, you must file a separate application with the USPTO or use the Madrid Protocol. Similarly, a US trademark does not protect your brand in India. For complete global coverage, explore international trademark registration options.
In West Bengal, IT/SaaS companies, e-commerce sellers, D2C brands, exporters, and pharma companies expanding to the US market benefit most from US trademark registration. Amazon Brand Registry requires a registered US trademark for brand protection on the platform. SaaS companies serving US clients need US trademark rights. IncorpX has assisted with 500+ international trademark applications for businesses across India.
IncorpX provides end-to-end assistance for USA trademark registration from West Bengal. Our team conducts TESS trademark searches, prepares TEAS Plus/Standard applications, coordinates with US-licensed attorneys, assists with office action responses, monitors the Official Gazette for oppositions, supports Statement of Use filings, and follows up until the USPTO issues the registration certificate. We also guide you on Section 8 maintenance and Section 9 renewal to keep your US trademark active.
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4.9/5
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4.8/5
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4.9/5
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I'd been planning to register my Private Limited Company for months but didn't know where to start - until I found IncorpX. The team guided me step by step, explained everything clearly, and completed the registration smoothly within the promised timeline. Their pricing was transparent with no hidden charges. Highly recommend IncorpX to anyone starting a business!
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