If you are a startup or an established firm, USPTO trademark filing is of sheer necessity in the current scenario. The trademark is the identity card of your brand. In essence, people instantly identify the company by just recognizing the trademark.
So, imagine a scenario where someone comes with an identical trademark as yours. This will not only degrade your sales but also, confuse your brand identity. Hence, through USPTO trademark filing and registration, your trademark is legally now your own. Therefore, if any infringer comes up with an identical or similar mark, you now have the authority of filing infringement cases against them.
So, here you will find a step-by-step procedure of USPTO trademark filing in 2 easy steps.
Also Read: Process Involved in IP India Trademark Filing
USPTO Trademark Filing – Know the Procedure
The fool-proof way of securing your trademark is USPTO Trademark Filing. In order to get trademark protection to follow the steps given below.
Verify Uniqueness: firstly, find out whether the design, logo, scent, or sound that you want to trademark is actually unique or not. So, you can take help of:
TESS also provides you with additional search options for more intricate and detailed searches. Refer to the image given below:
Thus, covering all these searches will provide you with thorough trademark search results.
Moreover, the whole purpose of registering a trademark lies in its uniqueness. Therefore, USPTO is very strict regarding this criterion. Also, your mark should have no similarity with an already registered trademark. Along with this criterion, the factors due to which patent office examiner can reject your trademark is:
- An offensive Trademark – an unpleasant logo, smell, design or name will lead to straightforward rejection.
- An individual’s name
- Consisting of a geographic description
- Generic term (Non-English)
- Novel, Book or Movie title
NOTE: You can also take the help of a trademark attorney to be confident with your search results. He/she will carry out in-depth research and will take care of further filing procedures.
Trademark Filing: once you are sure about the uniqueness of your trademark, you are free to move with the filing procedure. So, here you will find 2 modes of trademark filing- online and offline.
Also Read: 5 Key Trademark Benefits
Online Mode- Trademark Electronic Application System (TEAS)
It offers a straightforward process of trademark/service mark filing. Also, it is the official USPTO trademark filing portal. The only requirement is your contact information so that the PTO office examiner can reach out to you. Along with this, provide the following details for a healthy USPTO trademark filing and registration.
Refer to the image given below:
- A replica of the mark, either in the form of a drawing or image
- Image of goods with the design present, if applicable
- Classification of the type of items attached to the mark
- Explanation as to why the company needs a trademark.
It also gives you the option of filing a regular or reduced fee filing option and whether an attorney is filing an application. Refer to the image given below:
Once you provide all this information, your USPTO trademark filing procedure is now completed with this.
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Trademark Prosecution Procedure at the USPTO
Refer to the following flow chart to get a glimpse of the trademark prosecution that takes place at the USPTO. You will also find the timeline and deadlines of various stages. Moreover, as you look through the chart you will find various deadlines to meet. Be mindful of performing the tasks on time, as the USPTO is very strict regarding the timeline.
Also Read: Trademark Filing Fees: A Complete Overview
Trademark Filing Approach at TTFC
Before you move to the trademark filing stage, ask yourself whether you actually need trademark filing assistance. USPTO receives more than 1 lac trademark applications every year, out of this only 60% of applications get approval. Even a slight similarity or confusion can lead to rejection. Hence, it is advisable to take professional assistance for the same. We at the trademark filing company provide professional assistance for USPTO trademark filing, search and monitoring services. We assure you of the quality of our services, as our experts hold years of experience. Also, we do provide quality results and multiple iterations for complete satisfaction. To know more, do visit, The Trademark Filing Company.
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