Introduction
A trademark is a term, phrase, or sign that indicates the origin of a product or service. A trademark allows customers to recognise who manufactured your goods and whose firm they may do business with in the future.
How should a trademark search be carried out?
Before you start the trademark application procedure, you should do a comprehensive investigation to see if your chosen mark is available for registration. This is an important step, and failing to do so may result in you unintentionally adopting a similar or identical mark that someone else already uses. A trademark search can help prevent this from happening.
Use one of the following resources to do a trademark search:
The USPTO trademark search database—https://www.uspto.gov/trademark/trademark-search/
What are the requirements for registering a trademark?
A trademark registration application must include the following information:
The owner’s name; the name of the mark; and a full description of the mark, including its look and any other information important to how consumers perceive it. This might be useful if you have a logo or design. Photographs are not required unless they are utilised commercially (for example on clothing).
A class number for each category of products or services for which you wish to get trademark protection. A list of classes is available at www.uspto.gov/trademarks/law/class/. You do not need to file for protection in all available classes; just those in which you sell items or provide services are required. If you select all offered classes, your registration will last 10 years longer than it would otherwise! Our suggested strategy is to file one class per page and to submit at least six pages (12 classes). This way, you’ll only have to pay once per page, and we’ll send everything at once (saving postage fees).
Detailed explanations of what sorts of goods and services belong inside each class that has been chosen; these descriptions should not exceed 250 words per classification category (less than 1 page) – else, submissions will be rejected by our system owing to legal length constraints!
How can I apply for trademark in the United States online?
The US trademark application procedure in the United States begins with a USPTO trademark search, which is optional but strongly suggested by the United States Patent and Trademark Office (USPTO). A search will assist you in determining whether there are any comparable trademarks that are already registered or pending that might cause consumer confusion or infringe on your rights to use your mark (s). It also aids in assessing if a mark is accessible for registration or not, as certain marks are already registered or may be claimed as part of popular terminology used in everyday life, such as “app” (Apple) or “face” (Facebook) (Facebook). If you have determined that your chosen name does not conflict with any other trademarks, proceed to file an application for registration of your mark with the USPTO by visiting their website and filling out all required fields such as applicant information, date of first use, and description of goods/services, etc., pay $400 application fee ($225 if filed online), and receive your certificate within 6 months of approval from an examining attorney at the USPTO.
What are the guidelines for choosing your trademark?
A trademark must be distinct and original.
The trademark must be distinguishable from any other registered trademark.
Trademark registration is possible for a wide range of goods and services, including:
Coca-Cola, Kleenex, McDonald’s, and Harley Davidson are examples of well-known marks; marks that are merely descriptive of your products or services (e.g., “Computer Parts”) may not qualify for trademark protection; and trademarks must not be deceptive or misleading.
If you wish to incorporate a federally registered mark into your new brand name or logo, you must first obtain permission from the mark’s owner.
In the United States, how long does it take to register a trademark?
The complete procedure consists of three steps:
Filing the trademark application with the United States Patent and Trademark Office (USPTO) If your application is accepted, the USPTO will send you an official notification with a filing receipt number and other information about your application (including payment information). This stage can take four to six months to complete, depending on how many trademarks you apply for and how quickly other people file theirs.
After you finish this final step, all you have to do is wait for your US trademark filing certificate!
What kinds of things can be trademarked?
Only marks and indicators capable of identifying one undertaking’s goods or services from those of other enterprises are eligible for trademark registration. Names, slogans, logos, phrases, and designs, in general, have been judged unique enough to be registered as trademarks. Simply descriptive words or phrases may not serve as source identifiers in a trademark application, although they may develop uniqueness via use over time (for example, “Back on track”).
In general, the following categories of trademarks are not eligible for registration:
Trademarks that are purely functional and cannot be used as sources of origin. Examples include: terminology that just describe an element used in the production of goods; terms that merely describe the function or purpose performed by the product; words or symbols signalling price reductions (e.g., “sale”); and so on.
Marks that are confusingly similar (e.g., when there is no possibility for consumer confusion)
Trademark classifications.
The service mark
Certification symbol
A collective mark is a trademark used to identify and differentiate the source of one party’s products or services from those of others, as well as to indicate the quality or other attributes of those goods or services. It is a term, phrase, symbol, or design that identifies and differentiates the source of goods/services from others. The use of a mark in this manner may be subject to legal registration requirements (see below). A trademark does not have to have any particular shape; it might be a word printed on paper, an element on a product box, or even a sound recorded as an audio file (for example).
A trademark is the name and/or logo of your company that distinguishes it as yours. A trademark can be registered and used as a shortcut to your brand to indicate ownership.
Trademarks serve as a visual shortcut to your brand and aid in the identification of your items in comparison to rivals’. It also gives you more control over how people use your business name, as well as protection for intellectual property rights associated with that name.
Conclusion
Trademark law exists to protect your brand, and there are several reasons why you should consider registering your mark in the United States. Trademarks grant you exclusive rights to a term or symbol that uniquely distinguishes your product or service. If someone else uses it without your permission, they may be infringing on your rights as the mark’s owner. If they do not cease using it after being told by you or their attorneys, they may face legal action (or both).
