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The Rewards of Having a Registered Trademark and the Application Process
from:Deb St. George, on Patents and Trademarks in your Patent and Trademark Guide From Agritrax.com
Putting up a business, especially a large scale one, entails a lot of requirements that the owner or proprietor must be able to meet. This includes local business permits, state requirements, and all other paper that are deemed necessary in organizing your business. If you're thinking of putting up a business, then why not register a trademark?
Trademark is considered as an intellectual property either for a business or a person. If you want to keep your mark, the best way is to trademark it. And when you're talking about trademarks, you need to be patient.
You can't put up a business if you're not confident that it will succeed. More or less, you've done your extensive research and study before coming up with such endeavor. And if you're business is already on its way to the top, you will most likely apply for a trademark and that can be in the form of a logo, brand or whatever.
Securing a trademark is not that difficult. You can go to the USPTO office, or you can log on to their website to get the necessary information that you need in applying for a trademark. The application process is very simple, but what makes it annoying is the time. That is why you really need to exercise a lot of patience when you're applying for a trademark.
This is an ordeal that you have to deal with. Technically, the entire process is not complicated. First, you must make a thorough search online to check that there's no existing trademark similar or identical to yours. It would be best to hire professional help in your search just to be sure. The next step is to fill out application forms and file your application online. Usually, the patent and trademark office will designate an attorney for your application. The attorney will either approve or reject your application. He/she will let you clarify through correspondence if there are unclear aspects in your application. The USPTO is an agency of the government, so you can expect a lag time.
You must know that it isn't mandatory to register a trademark. However, those that do have registered trademarks are at a great advantage over those businesses that have one, why? If you have a registered trademark, the people will immediately be aware of it, as well as your competitors. No one will interfere with your business or try to confuse your customers because you can file a court action to any business or person who attempts to infringe your name. Your business is protected and your name is individualized; therefore you can have a lot of peace of mind if you have a registered trademark.
Confusions among businesses are a usual occurrence but if you're products and services are registered, there is no need to worry. You can use the symbol 'circle R'; establish your brand identity, and exercise exclusive rights within the industry and throughout the country.
Once you've filed your application, you will wait for about two months before you can receive a postcard from USPTO and it verifies that your application has been received by the office. After that, you will not hear anything from the office for at least six months or even more. The application seems to take forever, and once you receive another correspondence stating that your application has been accepted, you will again wait for another month before it is published and become approved. However, if the office needs clarification, be sure to send it within 30-60 days. After that, you have to wait for another two or four months. Most registered trademark applications take over a year, and you're quite lucky if your application was approved less than one year.
So if you have an outstanding trademark application, don’t worry if you haven't received any correspondence from the USPTO, it's an SOP of the office. In the meantime, you can continue your business while you're waiting for the application to be approved. Remember, if you want to have an edge in your chosen industry, have a registered trademark.
If you're one of those businesses that are not trademarked, you'd better think twice of the possible ramifications that you may encounter. So why wait for it to come? Secure an application today and be protected.
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