Trademark is any icon, word, or image that symbolizes a product or services of a company. It may also be a symbol of recognition of a non-profit or non-corporate organization. Trademarks are supposed to be registered at either domestic or global levels and their proprietors are endowed with legal privileges and protection for the use of the trademark for commercial or recognition reasons.
Trademark is considered as an intellectual property. Intellectual properties are defined as the term used for a group of legal privileges to a different kinds of ideas, information, or creative works in certain medium of expression. Other categories of intellectual property are trade secrets, copyright, patent, and industrial design right.
If the company or organization has decided upon a trademark, then it should be registered to a trademark office to enjoy the rights and privileges the trademark law provides. But before the application is approved by the trademark office the owner or company must ensure the distinctiveness and availability of the chosen design. In other words, other than the reason for its originality, the trademark design should not be in use of another organization or company. If the eligibility of the trademark has been determined by the help of trademark lawyers, then the application may proceed smoothly.
Subsequently, if the chosen trademark has no other problems then it can be registered. Following its registration is the trademark's being published in the trademark office's official publication to make known to the public that this trademark has been officially registered. Through this, any member of the public is informed of the new trademark and may have the right to contest its eligibility if he or she believes that another company or organization was injured, commercially or through reputation, by the registration of the trademark.
The following are the overview of what the trademark offices do and the role of its global society in pushing through innovations in world of trademark and patent systems.
The main function of any trademark office is to endow exclusive rights for the protection and registration of trademarks. It basically gives service to the welfare of enterprising establishments in connection with the recognition or identification of their commodities and services. It may also facilitate the implementation of intellectual property laws. And with the authority of any trademark office, it is also a tool for the advancement of any country's innovation in technicalities as well as its economy.
This agency has the authority to evaluate trademark applications. It also publishes and makes known to the public trademark documentation assignments, trademark information, and keeps a collection of search files of domestic (and possibly foreign) patents and trademarks. Some trademark offices also have search rooms that are open to the public where they can freely study previously registered trademarks.
And like any entity, trademark offices from around the world have created their own group to easily collaborate with each other about the regulation of the trademark system. The patent office is deemed inseparable with the trademark office. They go hand in hand within the systems of enterprise and commerce. Collaboration between offices can be very helpful for the improvement and innovations of the system.
Patent and Trademark Office Society is the global organization of trademark and patent offices between countries. This organization has a dynamic control on trademark systems as well as patent systems which supports the advancement of the system's development.
The origin of this organization can be traced back to January 4, 1917. It was mainly created to allow easy collaboration between the offices in the improvements of the system.
The main goal of the society is to encourage the progression of the trademark and patent systems, support the societal and professional interests of the Society's affiliates, to allow the progression of development of the criterion of ethical professionalism among Trademark and Patent offices, and to implement legitimate functions of trademark and patent systems.
The most successful product that the society has generated is the creation of the Journal of The Patent and Trademark Office Society publication. It basically endorses the scholarly and professional interests of the society's members and the general trademark and patent profession. The publication has been utilized as the standard vessel for information distribution and the barter of intellectual ideas in the world of trademarks, copyrights, and patents. The society has also been circulating a publication called the Unofficial Gazette. It is practically employed as a communication tool between its members about their leisure interests.
The Patent and Trademark Office society has also helped in the enhancement and appropriate operation of the laws and system concerning both trademarks and patents.
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When starting a new business, most people thing that its only all about making a business plan and having enough capital for it to work. However, what most people don’t realize is the fact that you will also need a symbol or a logo to represent your company or your products.
Having a trademark means that buyers can identify what product they are purchasing and from what company. For example, when you hear people say Nike, you think of shoes, shirts and sports apparel. You will also think of the Nike trademark, which resembles the "check" sign. Trademark is all about identity and with it, you can mark your products as your own. This is why it is important to have a trademark for your business.
In today's world, there are a lot of businesses opening up , especially in the sports apparel business. You have to consider that many people now prefer sports apparel products because it is stylish and is also very comfortable to wear. Products like rubber shoes and T-shirts are comfortable and can also be very stylish. You can wear them when you want to play or even when you just want to go out and take a walk. In the sports apparel world, you will see that there are quite a lot of companies manufacturing and promoting their product with their very own trademarks.
So, if you plan on opening up your own sports apparel business, manufactured by your company, you should try and think of a trademark symbol that you will use for your products. The trademark symbol will be placed on shirt tabs, or even printed on the shirt if you want. It can also be used in shoes. The trademark symbol is a symbol where consumers can identify your products. They will know who manufactured it and what company designed the product.
However, in the sports apparel business, there are different kinds of trademarks already registered. You have to consider the fact that you need to register the trademark symbol of your company in order to have exclusive use of it and make it illegal for other companies to copy. You have to think of a trademark symbol that is unique from other trademark symbol existing in the world today. Once you thought of a design for your trademark symbol, the next thing you need to do is know how to register it.
The registration for trademark symbol is done in the United States Patent and Trademark Office or the PTO. The PTO is responsible for registering the trademark symbol as well as patenting inventions and copyrighting documents. You have to consider the fact that application for trademark registration can take some time in the PTO. The first step in trademark registration application is to provide all the minimum requirements set by the PTO. After you have completed the minimum requirements and have submitted it to the PTO, you will wait for two months where the PTO will get your trademark symbol examined by their patent and trademark lawyer.
If the trademark symbol is rejected, it is the lawyer's responsibility to contact you by mail and by phone and inform you about the grounds for rejection. The most common grounds for rejection is having a trademark symbol that bears similarity to other trademark symbols that is already registered. There are quite a number for criteria where the lawyer will base upon on getting your trademark registration application approved or rejected.
It is important that you should comply with the rejection notice and overcome all the objections stated by redesigning your trademark symbol. If you don’t comply within six months prior to receiving your rejection letter from the PTO, your trademark registration application will be abandoned and you will be required to start over again.
If you find it difficult for you to register your trademark or if you find it inconvenient, it is recommended that you should hire a trademark attorney. They will guide through the step-by-step process in having your trademark registered. They will also help in preparing the legal documents and requirements associated with the trademark application process.
As you can see, it is important that you should register your trademark symbol in order to have exclusive rights for its use.
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