Trademark Application: Learning About Legal Matters
submitted: Sep 3rd 2008 |
by: RexStevenson |
Total views: 1 |
Word Count: 479 |
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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.
The definition of a trademark is the following: a symbol or a title which represents a product or a business. When it is officially registered, the owner has full right and nobody can use it without their approval. This system makes sure that different businesses have different trademarks, to prevent people's confusion regarding their products. The international abbreviation of a trademark is TM.
First, log into the website of the USPTO. Click the "Trademarks" on the home page, and then click "FILE online" on the succeeding screen. Applicants should never forget that federal registration of trademarks is a very straightforward process. You need to comply with the following: Describe your service mark or trademark, state the date you first used the marks, and describe the services or products where the marks are intended to use.
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.
When registering your trademark, you need to add: graphic representations of your trademark or other design samples proposed. Of course, don't forget about the registration fee which is 325 dollars for each of the classifications.
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 the USPTO considers your trademark eligible for government registration, they will publish it their official publication. The "Official Gazette" will state that your trademark is an eligible candidate for federal registration. This will give a chance for the existing owners of various trademarks to object. If somebody objects, a hearing will be scheduled by the USPTO to resolve disputes. If nobody objects, you must receive a USPTO response within one year. The processing of your trademark application can last for one year or more. It also depends on the raised legal issues and basis for application during the examination process.
Maintaining the legal status of your trademark is another business. You should always renew the application if you want to receive more rights. If you don't renew the application, your trademark could be canceled and you could lose all the rights. It is very important to know all these aspects and other aspects regarding trademarks before you start.
About the Author
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.
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