How To Register A Trademark In The USA
In this article, some basic facts about trademarks will be disclosed. It would be reasonable to mention that the process of registering trademarks is rather complicated. Managing it without applying to specialized institutes is impossible.
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that assigns patents for different inventions, and trademark registration for product and intellectual resources identification.
It inspects trademark applications and adjusts if an application meets the standards of federal registration.
Types Of Trademarks
A trademark is a sign, design, or expression which identifies products, establishes a brand name. It’s used to contrast particular goods or services over others. Although, trademarks that are used to name services are usually called service marks.
Trademarks are also said to protect brand names and logos, and keepers of big or small companies use them. A trademark can be possessed individually, by a business organization or any other kind of legal entity.
Today, the following types of trademarks can be named:
Wordmarks
Trademarks of this sort are made of one or more words. It also can be a mix of letters or numbers.
Figurative marks/logos
Figurative marks or logos commonly consist of figures. Some words or slogan can also be added. Creating such a trademark gives you an excellent opportunity to use some fonts you prefer.
Colors
If you want to apply for a trademark in the definite color, you should specify it in your application. Just give a brief description. In a case your trademark consists of more than one colors, a new application is required for each of them.
Three-dimensional trademarks
When the real product or parts of its packaging has some peculiar shape, it’s possible to protect these features as a three-dimensional trademark. For example, it can be a perfume bottle.
Sound trademarks
Yes, a sound can also be used as a unique indicator of your product. To protect it, you need to provide your application graphically. For example, using notes.
Collective, guarantee and control trademarks
Collective, guarantee, and control trademarks are not distinguished as a separate type; they can be a part of any type of trademark.
Steps To Register A Trademark
Step 1. Get ready to apply
Searching
Having created your trademark, get assured that someone else doesn’t have the same mark by checking the Trademark Electronic Search System database.
Also, don’t forget to find out if your trademark is registrable or not.
Mark Format
Define your mark format. Mention if it’s a standard character mark, a stylized or design mark, a sound mark.
Identification of Goods/Services
Don’t forget to identify precisely the precise goods and services.
Filing Basis
Before listing an application, you must realize what your "basis" for filing is.
Trademark Attorney
Decide if you need a help of a professional solicitor.
N.B. It is highly advised to address to an experienced attorney which can guarantee that your mark will be eligible for registration. Such a specialist will also search the databases, prepare your applications, consider the decent international protection, and work with the appropriate individual countries' trademark organization or trademark office.
Without doubts, this decision will save your time and even avoid unnecessary costs.
Step 2. Prepare and submit your application
Trademark Application
Arrange the application online, due to the Trademark Electronic Application System. Look for a trademark fee information.
It’s said that online trademark registration costs between $275 and $325.
Monitoring Application Status
During every part of the trademark registration process, do monitor the progress of your application through the Trademark Status and Document Retrieval (TSDR) system.
Be attentive and check the status of your application every 3-4 months after the initial filing of the application. So, don’t miss a filing deadline!
Step 3. Work with the assigned USPTO examining attorney
USPTO Reviews Application
Having examined that you have the minimum filing requirements, USPTO assigns an application serial number and sends your application to an examining attorney. This may last for several months. The examining attorney checks if the application complies with all adjustable rules and statutes and contains all demanded fees.
Applicant Responds to Letter On Time
If the examining attorney sends an Office action, the applicant must respond within six months of the mailing date. Conversely, the application will be declared abandoned.
Step 4. Receive results of your application
It seems it’s one the most stressful moments, while the examining attorney, according to their rules, can send you both approval or denial.
When the examining attorney doesn’t ignore your trademark registration, your mark publication will be ratified in the "Official Gazette," a weekly publication of the USPTO. The USPTO will inform you sending a notice of your publication stating the date of publication.
Step 5. Maintain your registration
The only thing you need is to wait approximately for two months. This time is enough for USPTO to issue a registration. To keep the registration "live," you must list particular maintenance documents. Ignoring these requirements will result in cancellation or expiration of the registration.
Even if the registration of your mark is approved, keep on monitoring the status of your registration on an annual basis through the Trademark Status and Document Retrieval (TSDR) system.
As you must have understood, the process of registering a trademark is time-consuming. However, its results can push your business to a new better level of development and success. So, be patient, and good luck!
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