Here are ten things to know before applying for a trademark:
Full Answer
Representing you at the USPTO’s Trademark Trial and Appeal Board. Shielding you from fraudulent solicitations. If you hire an attorney, be aware that your application fees will remain the same, but your overall costs of filing a trademark application will be higher because you’ll also have the cost of your attorney’s services.
If you’re domiciled in the United States, you’re not required to have an attorney. To determine whether you’re required to have a U.S.-licensed attorney, you must provide and keep current your domicile address in trademark filings. Even if you’re not required to hire a U.S.-licensed attorney, consider whether or not you should.
The USPTO has an online database called "Trademark Electronic Search System" or TESS. [2] If you find "Grandma Mary's Heavenly Divinity," or even "Aunt Mary's Candy Shoppe," it is likely that the USPTO attorney will deny your registration as being confusingly similar.
Access the Trademark Electronic Application System (TEAS). This is the public record application system where you will fill out the forms to apply to register your trademark. For a new trademark, you will select "Initial Application Form." Read all of the warnings and FAQs concerning personal information.
If you're domiciled in the United States, you're not required to have an attorney. To determine whether you're required to have a U.S.-licensed attorney, you must provide and keep current your domicile address in trademark filings.
Arbitrary, fanciful, or suggestive: If a mark is a part of one of these three categories, the mark is inherently distinctive. ... Descriptive: A descriptive mark can only be trademarked if it has taken on a second meaning. ... Generic: Marks that are generic are never trademarked.
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
Registering a Trademark Yourself The United States Patent and Trademark Office (USPTO) provides a trademark application and instructions to walk applicants through the process on its website. In some cases, registering a trademark is straightforward and doing it by yourself probably wouldn't raise any issues.
Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted. The two marks need not be identical.
The 4 Categories of TrademarksGeneric. A generic term is a common description that does not receive trademark protection. ... Descriptive. ... Suggestive. ... Arbitrary or Fanciful.
12 to 18 monthsUsually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.
How To Register a Trademark With the USPTO in Five StepsThink of a trademark that identifies with the goods you are offering or that is unique.Search the USPTO trademark database.File your application with the USPTO.Pay the processing fee.Keep track of the application process.
The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.
Filing a trademark isn't a simple process, but the protection it affords your brand is worth your time and effort. To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application.
Trademark defined under Section 2 (zb) of the Trade Marks Act, 1999 as, "trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours." A mark ...
The IP Code requires the filing of a Declaration of Actual Use, together with proof of such use, within three (3) years from the date of filing of the of the trademark application. This is a mandatory requirement in an application.
How To Register a Trademark With the USPTO in Five StepsThink of a trademark that identifies with the goods you are offering or that is unique.Search the USPTO trademark database.File your application with the USPTO.Pay the processing fee.Keep track of the application process.
A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.
The easiest way to use your trademark in commerce is to label the goods that you sell. Nothing fancy is needed, labels made on your printer will suffice as you are getting started. Other uses to go along with your labels are business cards, flyers, signs, uniform patches, and display on your website.
Track your application status. It may take up to a week for your application to show up in the Trademark Status & Document Retrieval System (TDSR). Once it is active, you will be able to track the status of your application.
The specimen is a JPG file that can either be a photo of your product showing the trademark or a digital file of a tag, label, packaging, or sign.
It must be in JPG format. The trademark application requires that the image be between 250 and 944 pixels on any side. The image file cannot exceed 5 megabytes. [7]
Stylized marks are groups of one or more words done in a fancy font or other graphic representation. If you want "Grandma Mary's Supreme Fudge" in a fanciful font or in color, it will be a stylized mark. You will need to create an image file of your stylized trademark in JPG format to submit with your application.
Choose your trademark class. You pay the $225 fee for each trademark class. Unless your business is well-developed, you should consider restricting your application to the one class that best identifies your product. For example, for "Grandma Mary's Supreme Fudge," the best class is 030, which covers "fudge" or "candy."
This is notice to the public that you are claiming the trademark. Opposition to your registration must be filed within 30 days of publication or any extension allowed by the USPTO. If someone files an objection to your trademark, consult with an attorney about your options.
If you hire an attorney, be aware that your application fees will remain the same, but your overall costs of filing a trademark application will be higher because you’ll also have the cost of your attorney’s services.
Benefits of hiring an attorney include: Providing you crucial legal advice about your trademark. Conducting your trademark clearance search before you file an application. Preparing your application accurately. Responding to legal correspondence from the USPTO. Enforcing and maintaining your trademark rights.
However, in the long run, hiring an attorney may save you money because an attorney will know how to best advise you on your trademark’s registrability, prepare your application, and respond to the USPTO on various issues that might arise throughout the process.
Part of going through the legal process is learning all of the moving parts that come with it.
Registering online and on your own is by far the cheapest option there is.
When enduring this process, it’s understandable that you may make some mistakes along the way.
After reviewing this guide, you should be aware of some advantages of registering for a trademark without an attorney.