Don’t worry about the process of filling a trademark application, is not very difficult and does not require a lot of effort from you. Still, you might discover that the online application system is more comfortable than spending hours at the USPTO office. You will have to go to the USTPO website and use what they call TEAS. TEAS means Trademark Electronic Application System and it’s faster and better than the traditional paper system.
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.
There are many classifications for trademarks on the USTPO website so make sure you choose the one that suits your business best. They also have an online system if you happen to be confused about the classifications.
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.
Before being accepted, the trademark has to meet certain requirements. In order to register with the USPTO you have to choose your trademark as “interstate commerce”, meaning that you will sell your products or services outside the sate borders. I will give you an example: an online business which can be used by anyone in the world is an interstate commerce.
If your trademark is accepted by the USTPO you will find out from the “Official Gazette”, this process is making it a worthy of choice candidate for the federal registration. At this point, any owners of trademarks can object, if anyone does that they will start a preliminary examination where you can solve any dispute. However, if there are no objections to your trademark, you will receive a response in about one year but it can also last more than one year. The delay depends on any legal problems that may occur during the procedure.
If you want to keep the trademark’s legal character you have to file another document where you state that you will use your trademark. This is a very good way to obtain more rights. Also, you need to be aware of the fact that the USPTO has no responsibility to inform you about the statements. Also, the federal registration can be terminated if you don’t replace your statements. Before starting the registration process, ensure that you have understood all the legal conditions.
Author: Rex StevensonThis author has published 13 articles so far.