United States of America

Lysaght offers a complete IP service in this country, assisting clients in the filing, registration, recordal and renewal of their IP rights. For further information and our prices, please e-mail us with your specific enquiry.
Classification International, Nice 10th Edition
Goods and services can be registered
Priority Convention priority can be claimed
Renewal 10 years from the registration date and every 10 years thereafter
Use provisions

Non-use of a mark for a period of 2 years from registration renders it open to an action for cancellation by third parties.

The Federal law provides that a trade mark owner has an ongoing duty to take all reasonable measures to detect and prevent misleading or unauthorised use of its marks.  The failure to detect and prevent such uses could cause the owner to lose it exclusive right to use the marks.  The owner must therefore meticulously maintain control over the use of its marks, monitor uses by all licensees, and prevent unauthorised uses by third parties.


Types of Patent

Substantive with or without priority claims (provisional/non-provisional)

PCT national phase

Priority Convention priority can be claimed
Duration 20 years from the effective filing date
Annuities Maintenance fees must be paid to maintain the patent in force, and fall due at 3.5, 7.5 and 11.5 years from the date the patent is granted and can be paid without a surcharge during the “window period,” which is the six-month period preceding each due date, e.g., three years to three years and six months.  a 6-month grace period after the due date is available on payment of a surcharge.
Priority Convention priority can be claimed
Duration A design patent issued prior to 13th May 2015 has a term of 14 years from grant, and no fees are necessary to maintain the design patent in force. Effective 13th May 2015, the term of design patents has been revised to 15 years from the date of patent grant, for those design patents issuing from both national design applications and international design applications designating the United States, and no fees are necessary to maintain a design patent in force.
Renewal No renewal fees are payable