Filing a trademark application is quite easy. However, the online process of filing is more convenient. You can use the TEAS (Trademark Electronic Application System) after logging into the USPTO (United States Patent and Trademark Office) website. Application in paper forms is not quickly processed and costs 50 dollars or more.
A trademark refers to a symbol, name, or other means of product identification. It has official registration and restricted legally on the manufacturer or owners for use. This is necessary in preventing others to use the same or identical marks. A trademark is abbreviated as or TM.
The steps when filling an application online are very easy: first you need to find the USPTO site and log into it, then you should find "Trademarks" in the menu and choose the "FILE online" option. This process is free from ambiguity and can be done by anyone. You also have to write the exact date when you first used your mark, describe it, and make a presentation of your products or services which will be using that mark.
Also, don't forget to choose a field for your mark. These are various classifications, but they have a help system so you shouldn't worry about not finding the right field for you trademark.
Moreover, you must accompany your applications with: trademark drawings (word marks: simply encode the words; graphic marks: include graphic images or photo files); proposed mark samples of its usage; and online registration of 325 dollars per classification.
There are also qualifications to meet before your trademark can qualify for a federal registration. First, use your trademark as an "interstate commerce" to register with the USPTO. It means that your trademark is intended for services or products which crosses national, territorial, or state borders, or directly affects commerce which crosses in those lines. Take for instance; a motel, a restaurant, or an internet business which caters to international or interstate customers.
When you have been approved by the USTPO they will make a notification in the official publication called Official Gazette. The notification will approve that your trademark is qualified for the next registration steps. If someone thinks that you have stolen the trademark or finds any reasons not to be registered they can object and you will begin an examination where your trademark will be discussed by both parts. If nobody objects, however, you should wait for a response. The response usually comes in approximately one year. But this depends mostly on any legal matters that may show up during the registration process.
To maintain your trademark status, you should file a statement to use the trademark continuously or renew your application. In this way, you can acquire additional rights especially if incontestability statement is filed. Keep in mind that the USPTO will not notify you if your statements are due. Your federal registration is ten canceled once you fail to renew or pass a statement. Make sure that you understand all the terms and conditions upon your registration.
Article Source: http://www.orbitaloc.com/
Your Trademark Law provides an in depth guide to protecting your intellectual property. And, right now, you can also get started with a Free 5 Day Course on how to register a trademark.
Please Rate The Above Article From The Legal Category
Article Title: How To Fill Out A Trademark Application
Not yet Rated
Syndicate Legal Related Articles Via RSS!
Subject to Orbitaloc.com's Publisher Terms of Service, you may reprint this
article on your own website, blog, and ezine. (English only) You may also syndicate
the article via Really Simple Syndication (RSS). It is free of charge.
Free Articles on Legal and Other FREE Content Article Topics
The preceeding is an informative article from the Legal category.
