Introduction
Obtaining trademark registration is a multi-step process, but it’s not difficult.
Conduct a trademark search.
You should conduct a USPTO trademark search to see if the name, logo or color you want to use is available. The U.S. Patent and Trademark Office (USPTO) offers an online search tool that allows you to determine whether your mark is available for registration. The database contains more than 200 million records, including pending applications and registered marks from around the world.
It’s also possible that someone else has already registered your trademark in another country using a different legal classification system, making it difficult for you to determine whether your mark could be used as intended within that country without doing additional research outside of the USPTO database.
If a similar name or logo has already been registered by someone else under a different class of goods or services, it may not be possible for you to register yours unless they agree to transfer their registration rights over—which isn’t likely because they would lose their rights if they did so.*
A trademark is also considered abandoned if its owner doesn’t use it for a specific period of time. In the U.S., companies have five years to use their trademark after registration or risk losing it.
File an application with the US Patent and Trademark Office (USPTO).
In order to obtain trademark protection, you must apply for trademark application with the US Patent and Trademark Office (USPTO). This can be done either electronically or through a paper form. The application process is pretty straightforward and involves filling out a form and submitting it to the USPTO.
If you are eligible for a fee waiver, you may file an electronic application for free through the Office’s Electronic Business Center (EBC).
If you’re still unsure whether your design is eligible for trademark protection, consider contacting a professional who can help guide you through the process and ensure that any application(s) are submitted correctlyIf you do not respond in a timely manner, then your application will be automatically cancelled by the USPTO. If granted an extension of time to file your response(s), please note that there are strict deadlines which must be observed. The EBC provides a number of tools to help you prepare your application, including an online form builder and the ability to submit fees online. If you are not eligible for a fee waiver, you may file a paper application through the USPTO’s Trademark Electronic Application System (TEAS). To do this, you must complete Form SE-11 by hand and mail it along with payment to the address listed on the form.!.
Respond to office actions.
In order to respond to an office action, you will need:
- A copy of the Notice of Allowance and your responses to the Office Action.
- To pay a $275 fee for each response made within two months.
Responding in a timely manner is important because if you do not respond within two months, then your application will be cancelled automatically by the USPTO. However, if you do respond within two months and request extension of time where appropriate, then your application will be maintained as active until such time as it is either allowed or refused (or withdrawn). If granted extension of time to file your response(s), please note that there are strict deadlines which must be observed!
Obtaining trademark registration is a multi-step process, but it’s not difficult.
- Trademark registration isn’t difficult to obtain. However, it can be confusing for those who aren’t familiar with the process.
- A trademark is a word, phrase or symbol used to identify the source of goods and/or services.
- When you’re ready to apply for trademark protection:
- Determine if your mark is registrable by performing a trademark search at https://www1.uspto.gov/trademarks-application-process/searching-trademark-database#9_0_1_. This will help you determine whether anyone else is already using a similar mark in their business or product name and packaging materials, as well as giving you an idea of how unique your proposed mark really is (how descriptive it needs to be). You should also conduct searches on social media platforms like Facebook and Twitter where many people can easily copycat your design without being caught by law enforcement agencies like Interpol or World Intellectual Property Organization (WIPO). If another company has already filed an application for similar rights on its own behalf before yours was submitted then there’s nothing much left but waiting out several months until all pending applications are either approved or rejected outright by officials at either agency mentioned above.”
If you prefer to file a paper application, you must pay a filing fee of $225. If this is an issue for you, you can request a waiver by submitting Form TOEFL-W-906 with your application. This form requires that you certify that paying the fee would cause financial hardship and that your company’s gross revenue does not exceed $10 million annually.
Conclusion
The US trademark registration process can be a bit complex, but it’s not difficult. It’s important to understand the steps involved and make sure you complete them in order. Remember that if your mark is not registered with the USPTO within five years of use, it will be considered abandoned!
