Legal Issues Concerning The Trademark Application
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.
If you want to fill an online application go on the USPTO website. There, choose the category “Trademarks”, on the next screen just click on “FILE online”. This is a very easy and direct process so there is no need to worry about mistakes. Another important thing that should be done properly is writing the date when you first used your product name or design, make a short description of your business and products, and, of course, describe the trademark that you will be using.
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.
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.
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.
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.
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