Trademark Registration

A to Z of Trademark Registration

When you have a business it is important for you to acquire a trademark to create a unique brand identity of your business. Through trademark registration, you can promote your brand image under the protection of federal law force.

Complete Trademark registration procedure to register a mark for your brand name:

Trademark registration process involves stages of filing, examination, publication, opposition, registration, and renewal.  As trademark registration is a lengthy process involving multiple steps here is a quick guide for complete trademark registration process:

Trademark Registration Eligibility:

The chosen mark should be for a product or service doing trade in one state or multiple states. One of the major objectives of trademark law is to avoid confusion among consumers. Hence, a trademark must not be same or too identical to another mark being used for similar product or service.

Also, the chosen trademark must not be too descriptive and generic (as a generic mark describes the product itself but not the manufacturer of the product).

Trademarks which cannot Qualify Registration:

There are many trademarks which have been banned by the USPTO. The list includes:

  • The mark with U.S. flag
  • Trademark having government badges
  • Mark with an individual’s (living) name, sign or likeness  without their permission
  • Trademark falsely associated with an individual, national symbols, beliefs, or institutions
  • If the mark is too identical to registered trademarks existing in the USPTO database
  • Trademark including deceiving, corrupt, or outrageous matters as courts may raise an objection

Related Articles: Trademark fundamentals for Startups

Trademark Registration Procedure:

You can use mail or internet for trademark registration. Visit the USPTO website and use TEAS (Trademark Electronic Application System) or TEAS PLUS to file your application via the internet. TEAS registration process costs $325 and is a smooth process with fewer requirements. However, TEAS PLUS needs multiple details from the applicant and costs $275. Email applications cost $375. For most updated information please visit Apply Online (TEAS).

If an applicant is registering a trademark using TEAS platform, given below are the requirements:

  • Applicant’s Name
  • Correspondence Name & Address
  • An accurate Trademark drawing (maybe handmade) for which application is being filed
  • List of all goods and services on which mark will be used
  • Minimum of one goods’ or services’ class registration fee

It is true that an elaborated application makes the registration process by catering complete details about the chosen mark. Additionally, elements including mark description, use of the mark can be also incorporated in the application. If your application meets the minimum eligibility criteria, it will be processed for further work without being returned as “informal”.

Related Articles: Trademark Filing Fees: A Quick Overview

What after Trademark Registration?

After filling your application, you need to wait for the response from the USPTO.  After submission of the application, the trademark office attorney reviews it.  Further, communication occurs regarding the application. Also, you can check the status of your trademark application after receiving a filing receipt having a serial number of your application from the USPTO.

After going through the examination of the USPTO, your trademark will be published as a candidate for registration. It allows existing trademark owners to object your registration if their mark is a tool similar to your chosen trademark. In case, no objection is raised you will get a response from the USPTO regarding the same. However, if you face any objection the USPTO schedules a hearing.

Between the 5th and 6TH-year post registration, you need to file an “Affidavit of Use” after receiving notice of federal registration of your trademark.  Additionally, you need to file another “Affidavit of Use” every 10 years before the expiry of the renewal period. Now that you are done with securing your mark, you will also need to know the maintenance method. Learn how to keep your registration going through this link.

Related articles: Trademark Monitoring Fundamentals: Know the Importance

Federal Trademark Registration Benefits

A large number of businesses do not avail federal trademark registration advantages. However, if you are using your trademark for commerce and are not willing to infringe other’s trademark, common law trademark protection will be the most suitable.  But, Federal trademark registration has numerous advantages which are listed below:

  • Countrywide Trademark Protection
  • ® Symbol can be used to make your customers aware of the quality of your product or service
  • Extending help to the customs of the U.S. for restricting potential infringed products to enter in the U.S.
  • You can avail all the benefits of being the owner of the mark. Moreover, you can ask to pay damage cost and attorney’s fee if anyone found infringing your mark without your consent.
  • In five years if your right to mark did not face any objection, you can file unquestionable status. It means that no one can question on the right of use of the trademark.

When your business expands and you need to object another party’s similar trademark, constructive notice plays a major role. In case if the use date of your trademark is prior to the another party’s use date in a different geographical region, then your registration (federal) wins over their common law rights. Hence, another party use of the trademark must be terminated. However, if your use date is posted to the other party’s use date you can use federal registration whereas the other party will be restricted to their territory only.

Why Take Our Services?

The Trademark Registration Company is one of the top-notch firms in the IP domain. We have a team of experienced and trained professionals who deliver world-class trademark registration service to our clients in quick time without any compromise in quality. The experts ensure all the qualification requirements thoroughly and make sure that your mark gets hassle-free registration. We aim to provide our client’s trademark registration easily so that they can best protect their Intellectual Property. To know more about our services, please click on the link.

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