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The Know-How Application Process for a Federal Trademark
from:Deb St. George, on Patents and Trademarks in your Patent and Trademark Guide From Agritrax.com
A trademark is a common term in the business industry. With the presence of trademark, you as an entrepreneur are benefited of many things. You will reap numerous advantages if you opt to register your trademark through federal registration.
Some significant benefits which you can obtain with a registered trademark through federal registration are the following:
* You have lawful rights of any ensuing proceedings concerning the trademark.
* Through a “constructive notice,” you have the ability to inform all entities that the trademark is your absolute property.
* The scope of “trademark right” is bigger since you are not confined with simply a state or common law. With this, your trademark will take pleasure in being protected in a national scale from possible encroachment.
* With federal registration, there is a high chance for you to register trademarks of various goods or services. Some state or common law has limitations to definite products or services in the said location.
* After five years of being registered under the federal registration, your trademark becomes “irrefutable.”
Now that you have learned the many benefits of registering your trademark through federal registration, then the next thing you should learn is the proper registration process.
As an applicant you should present the following:
* A completed application form. It is a must to carefully read instructions before you write anything on the application form. Your application may be considered invalid if you do not follow necessary instructions.
* A well-prepared illustration of the mark. The illustration must be clearly shown on a clean sheet of paper.
* A registration fee. The required registration depends on the type of goods or services an entrepreneur wants to register. For intent-to-use applications, there is an apt surcharge. Payments can be made via check or money order which is billed to “The Assistant Commissioner for Trademarks.”
Your application can be submitted to the office of United States Patent and Trademark Office (USPTO). For a more convenient filing, you can submit your application online, in the website of the said office.
Once you have submitted your application, USPTO then issues your filed trademark as an applicant for federal trademark registration. This is done to notify the public the trademark that is to be evaluated. Moreover, with the trademark being publicized, organizations that have objections can have a room to contest.
You need to know that there are standard rules which USPTO follow to approve a trademark. Your trademark will most likely get disapproval from their office if it includes:
* Names (first names or surnames) of living individuals. The application may be reconsidered if trademarks with a living individuals’ name has the person’s permission.
* Terms and signs that mock names of people, institutions, principle or national symbols.
* Distinctive signs of government institutions.
* Names of the late US Presidents. It can be reconsidered if there is permission from the widow.
* The flag of the United States.
* Trademarks signifying dissolute and disgraceful are not considered by USPTO.
Hence, if you wish your trademark to be approved and registered, you need to avoid the above-mentioned items.
When the examiner does not perceive any intolerable markings in your trademark, then he will resume with the evaluation. The following criteria are being taken into consideration by the examiner:
* The type of goods or services and how it is described by the applicant.
* The kind of mark. The examiner will have a close look whether the mark is distinct from others.
A filed trademark which does not get any disagreement from other entities, then the finalization of registration may take two to three months to be processed. Once you obtained a “Certificate of Registration,” then you now have the right to use the trademark symbol which denotes that your trademark has been registered. A circle with an R inside ® is the registered trademark symbol.
You will enjoy a registered and protected trademark for a preliminary duration of ten years. To continue enjoying the many benefits of a federal registered trademark, you need to update your registration by your fifth or sixth year.
A lawyer who specializes in federal trademark will be most helpful for you to finish your trademark application.
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