Application For A Trademark: Know all about it
This is the 1st step and is quite an easy one
and the online filling of an application is the easier option. Firstly
you are required to log into the USPTO website and there you can
make use of the Trademark Electronic Application System. The physical
format of the application is a time consuming process and would
have a fee of $50 or even more.
A name, symbol, or further kind of produce recognition
is a trademark. This trademark has official recognition and the
use of it is restricted to only the owner of manufacturer. By this
way the USPTO is making sure that no one else can make the use of
similar marks. Condensed form of a trademark is TM or ™.
Once you have opened the USPTO website, you should
proceed and click the tab "Trademarks" on the front page;
thereafter you shall notice another option saying "FILE online"
click on that as well. The entire process is very simple and you
shall be guided on every step for the next step. Here is what you
shall have to do –
- Give trademark or service mark description.
Mostly the term "marks" is used.
- Provide the 1st date when the marks used.
- Give a description of what the product or services will be functional
for.
- Provide to be registered marks classification. There are nearly
40 classifications for product & services. There will be online
assistance that the USPTO provides so as to help you reach the classification
that best suits your trademark description.
It is also essential that the applications must
carry: drawings of the trademark (marks for word: put description
in plain words; marks for graphic: application should accompany
photograph or images files); and also how you intend to use the
planned mark; and each of the classification shall need $325 while
registering online.
Apart for the fee there also certain qualifications
standards that you will need to attain prior receiving a federal
registration. You shall 1st be needed to make the use of the trademark
as "interstate commerce" so as to receive USPTO registration.
To put it in simpler terms it means that the mark that you are applying
for is meant for products or services that transcends borders of
the state, territorial, national, or has a direct impact on commerce
that happens to transcend any physical line. A prime example of
this is a restaurant or a hotel that will have local, interstate
and international clients.
Here below are some tips that will come
in handy for any trademark owner:
- By no means should there be an application
of exact same or comparable trademark.
- By no means should a trademark be used that is a part of the prohibited
or reserved lists of trademark.
The ineligible trademarks are:
• The name of any living individual unless
he grants you the permission to use it.
• The national flag of the United States of America.
• Other insignias belonging to either the federal & local
government.
• Similar or exact names of late US presidents. Usage on the
approval of their widows.
• Words or symbols which mock at any individual alive or dead
or even in the case of institutions, national symbols, or beliefs.
• Marks that receive approval from a single state. Goods or
services that happened to have a trademark that are being marketed
has to be put in not less than 2 states so as to qualify for granting
of a trademark.
- It is necessary that the trademark in question
must be of a broad based nature and should be having some description
of the product.
- The idea of the trademark must not be to overly describe but also
should provide distinguishing feature.
Having the trademark is not a completion of the
process but a part of an on going process, once you have it you
have to maintain its status, you should make continuous use of the
trademark and also renew it. This way you have access to acquire
bonus rights particularly if a contest is nullification is filed.
It is not the duty of the USPTO to keep you updated on your statements
being due. Incase you fail to pass a statement or even renew it
the registration you own is terminated.
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