Legal Issues Concerning The Trademark Application
by: RexStevenson |
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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.
A trademark is a sort of signature for a certain company or a product, but it has been registered and cannot be copied and used by anyone than its owner. It's very important that we teach people to use their own original trademarks and don't copy other trademarks. The abbreviation used for 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.
You must also state the classification where the mark is going to be registered. There are about forty classifications for services and goods. The USPTO online help provides you with information in finding the right classification for your trademark.
Don't forget to submit your trademark design. You should also add word marks and graphic marks or other proposed marks; just submit photos for this step. You have to pay the $325 fee for any classification you select.
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.
Maintaining the legal status of your trademark is another business. You should always renew the application if you want to receive more rights. If you don't renew the application, your trademark could be canceled and you could lose all the rights. It is very important to know all these aspects and other aspects regarding trademarks before you start.
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Your Trademark Law provides an in depth guide to protecting your intellectual property. And, right now, you can also get started with a Free 5 Day Course on how to register a trademark.
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