INTELLECTUAL PROPERTY & FEDERAL ASSET SHIELDING
Federal Trademark Registration in the United States
Permanently protect your business name, logo, or slogan across the entire United States territory. Through the legal infrastructure of Incorporalia, we manage 100% remote filing for your trademark application directly with the USPTO (U.S. Patent and Trademark Office). Legally block imitators, guarantee the exclusivity of your trade identity, and elevate your corporate valuation under a fully shielded framework free of compliance risks.
Institutional-Grade Asset Protection
Exclusive Shielding for Your Commercial Identity
A federal trademark registration grants you absolute legal ownership over your intangible assets across all 50 states of the Union, protecting your commercial reputation and unlocking exclusive corporate monetization channels.
National Trademark Monopoly
Federal registration with the USPTO grants you priority and trademark rights valid throughout the U.S. for the products or services you register. This enables you to take legal action—including in federal courts—against parties using a confusingly similar name within your industry. The scope of protection depends on the registered classes and the specific circumstances of each case.
Store & Domain Control
A federal registration allows you to apply to the Amazon Brand Registry program and strengthens your position when reporting infringements on Meta, Google, and payment gateways. It also serves as a basis for initiating proceedings—such as UDRP—to recover domains similar to yours.
The First Step to Franchise
Transform your local brand into a national chain. The USPTO federal title is the only mandatory legal document that allows you to sell legitimate franchises or license your business model to other entrepreneurs in the United States. Protect your name today so you can expand nationwide tomorrow.
Intellectual Property & Federal Inquiries
Everything You Need to Know About U.S. Trademark Registration
We clear up your intellectual property doubts with total transparency. Below, we break down the legal implications, official processing times, and the real difference between protecting a federal trademark versus filing a regular state LLC:
I already registered my LLC name, is my brand protected? No, this is the most common and dangerous mistake entrepreneurs make.
Registering an LLC with a state (like Florida or Wyoming) only gives you permission to operate under that corporate name within that specific state. It does not grant intellectual property rights. If another company registers that exact same name federally with the USPTO, they can legally force you to change your business name, logos, and domain, destroying your brand equity. Only a Federal Trademark provides nationwide exclusivity.
How long does the official process take with the USPTO?
The federal trademark registration process is rigorous and takes time, averaging between 8 to 12 months due to auditing and examination phases by U.S. government specialists. However, your legal protection starts tracking from Day 1 when Incorporalia submits your electronic filing to the USPTO, granting you an official serial number that establishes absolute priority over any competitor who tries to register a similar name after you.
What is the difference between using the ™ symbol and the ® symbol?
The ™ (Trademark) symbol can be used freely and immediately on your logos and marketing assets as soon as Incorporalia files your application; it alerts the market that you claim ownership over the name. On the other hand, the ® (Registered) symbol is a federal seal that you can only legally display once the USPTO fully approves your application and issues your official Certificate of Registration. Using the ® symbol without a federal title is illegal in the U.S.
What happens if someone is already using a similar name on social media?
In the United States, a trademark registered with the USPTO provides a solid legal basis for addressing a profile or domain that uses your name without authorization. With your registration, you can file trademark infringement claims with platforms such as Meta, Google, and Amazon, all of which have formal review processes. Each platform evaluates claims according to its own policies, and timeframes and outcomes vary by case. Having a registered trademark gives you the legal backing to take such action.
If I already registered my trademark in my home country, am I protected in the U.S.?
Not automatically. Trademark law is strictly governed by the principle of territoriality, meaning a registry in your home country (such as IMPI in Mexico, SIC in Colombia, ONAPI in the Dominican Republic, or OEPM in Spain) is only valid within those borders. To operate safely in the U.S., you must file an independent application with the USPTO. However, if your home country is part of the Paris Convention, your local registry grants you a technical benefit known as Right of Priority, letting you claim your international filing date if you apply in the U.S. within 6 months, blocking American competitors who attempt to steal your name in that window.
What happens if a third party opposes my trademark registration?
During the official process, there is a mandatory 30-day window called the Publication Period, designed for any U.S. business to review your application and file an opposition if they believe your name infringes on their prior rights. If a company opposes, your file enters an administrative litigation stage before the Trademark Trial and Appeal Board (TTAB). Responding to an official opposition requires a deep legal analysis and the intervention of a specialized third-party intellectual property law firm. It is critical to note that defending against a third-party opposition incurs additional legal fees, as it requires drafting legal briefs and presenting commercial evidence to rescue your filing.
What happens if the USPTO itself requests more justification or issues a technical objection?
If the government-assigned examining attorney finds a technical roadblock (such as a confusing similarity to an existing mark or a lack of clarity in your commercial classes), they will issue a mandatory notice called an Office Action. Receiving this document is standard procedure and does not mean your trademark is denied. However, responding to a government requirement requires a technical brief written in precise legal English based on U.S. case law. Due to its complexity, this task is routed to our partner trademark attorneys, which generates additional processing fees based on the objection's complexity. Our team handles full coordination to clear the hurdle and secure your approval with complete transparency.
* How do commercial categories work and how much does registration cost per "class"?
The USPTO organizes all business activities into a system of 45 different classes. Fees are charged for each class you need to register. The total cost per class is $499 USD, broken down transparently into two components: (1) $350 USD for the official fee required by the U.S. federal government per base application, and (2) $149 USD for Incorporalia’s service fees, which cover the preliminary feasibility review, technical drafting in English, and legal processing of the application. For example, if your brand is named ABC and you only sell cleaning services, you will pay a single total of $499 USD under Class 37. However, if you also wish to sell your own chemical products under that same brand, the government will require you to register a second category (Class 3), adding another $499 USD to the process, for a total of $998 USD. Our team will guide you in selecting only the essential classes to optimize your investment.