When one starts a business, apart from planning for all financial, manufacturing and personnel considerations, the brand of the product or the service also plays a critical part. Customers have to identify with the brand to ensure success of the enterprise. Brands when legally protected by registration are called trademarks. To effectively monetize your product or service, the trademark has to be unique, easily recallable by the customer and must give you the exclusive use of the brand.
Designing the appearance of the trademark is not sufficient. You need to establish your ownership of the trademark so that you can be protected from people who may want to exploit its popularity by appropriating the trademark for their use. By registering your trademark, you ensure that you are legally protected for ownership of the brand and can take legal steps to prevent infringement of your rights.
Registration of trademarks is done at the United States Patent and Trademark Office, or the USPTO. The USPTO is responsible for implementing all laws pertaining to Intellectual Property rights and extending protection under such laws to all those who register their trademarks, copyrights for works of art and patents for engineering discoveries.
The registration of a trademark begins with the application in a standard form, available with the USPTO, being made with the office. Once the application is received by the USPTO, it is reviewed to ensure that all necessary minimum requirements have been met. If they have not, all the documents submitted including the application and the fee would be returned. If all the requirements are met, a serial number is assigned to it and a formal receipt is sent about two months after the submission.
This is just the beginning and you cannot yet start using the trademark. The next step in the process is to get the attorney assigned by the PTO to examine the trademark. The attorney will conduct a search in the database for registered trademarks to eliminate the possibility of a similar trademark already being registered. If such is the case, the application is likely to be rejected. With so many trademarks having been registered, it is an arduous and time-consuming process.
To prevent the possibility of rejection, you should ensure that the trademark sought to be registered by you bears no resemblance to any already registered. You can hire a professional to conduct such a search or do it yourself though it is advisable that you hire a professional lawyer well experienced in this work to save on time. Such a lawyer will also assume all responsibilities towards the legalities in the registration process.
Usually, there are two aspects to a trademark, the word/s and the symbol/s. In case the symbol has been rejected by the PTO through a letter or a phone call, they will also give you the reasons for the rejection. You should study the objections and take such steps as necessary to satisfy the PTO by getting it reexamined by the lawyer. Perhaps redesigning the symbol will be sufficient.
Registering a trademark is a lengthy and time-consuming process. If you want to proceed at a higher speed, it is best that you hire a trademark lawyer who will take care of all documentation and other requirements. They will also conduct a search prior to submission to ensure that the design chosen will pass muster at the PTO.
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A trademark is a common term in the business industry. With the presence of trademark, you as an entrepreneur are benefited of many things. You will reap numerous advantages if you opt to register your trademark through federal registration.
Some significant benefits which you can obtain with a registered trademark through federal registration are the following:
* You have lawful rights of any ensuing proceedings concerning the trademark.
* Through a “constructive notice,” you have the ability to inform all entities that the trademark is your absolute property.
* The scope of “trademark right” is bigger since you are not confined with simply a state or common law. With this, your trademark will take pleasure in being protected in a national scale from possible encroachment.
* With federal registration, there is a high chance for you to register trademarks of various goods or services. Some state or common law has limitations to definite products or services in the said location.
* After five years of being registered under the federal registration, your trademark becomes “irrefutable.”
Now that you have learned the many benefits of registering your trademark through federal registration, then the next thing you should learn is the proper registration process.
As an applicant you should present the following:
* A completed application form. It is a must to carefully read instructions before you write anything on the application form. Your application may be considered invalid if you do not follow necessary instructions.
* A well-prepared illustration of the mark. The illustration must be clearly shown on a clean sheet of paper.
* A registration fee. The required registration depends on the type of goods or services an entrepreneur wants to register. For intent-to-use applications, there is an apt surcharge. Payments can be made via check or money order which is billed to “The Assistant Commissioner for Trademarks.”
Your application can be submitted to the office of United States Patent and Trademark Office (USPTO). For a more convenient filing, you can submit your application online, in the website of the said office.
Once you have submitted your application, USPTO then issues your filed trademark as an applicant for federal trademark registration. This is done to notify the public the trademark that is to be evaluated. Moreover, with the trademark being publicized, organizations that have objections can have a room to contest.
You need to know that there are standard rules which USPTO follow to approve a trademark. Your trademark will most likely get disapproval from their office if it includes:
* Names (first names or surnames) of living individuals. The application may be reconsidered if trademarks with a living individuals’ name has the person’s permission.
* Terms and signs that mock names of people, institutions, principle or national symbols.
* Distinctive signs of government institutions.
* Names of the late US Presidents. It can be reconsidered if there is permission from the widow.
* The flag of the United States.
* Trademarks signifying dissolute and disgraceful are not considered by USPTO.
Hence, if you wish your trademark to be approved and registered, you need to avoid the above-mentioned items.
When the examiner does not perceive any intolerable markings in your trademark, then he will resume with the evaluation. The following criteria are being taken into consideration by the examiner:
* The type of goods or services and how it is described by the applicant.
* The kind of mark. The examiner will have a close look whether the mark is distinct from others.
A filed trademark which does not get any disagreement from other entities, then the finalization of registration may take two to three months to be processed. Once you obtained a “Certificate of Registration,” then you now have the right to use the trademark symbol which denotes that your trademark has been registered. A circle with an R inside ® is the registered trademark symbol.
You will enjoy a registered and protected trademark for a preliminary duration of ten years. To continue enjoying the many benefits of a federal registered trademark, you need to update your registration by your fifth or sixth year.
A lawyer who specializes in federal trademark will be most helpful for you to finish your trademark application.
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