Registering a federal trademark involves much more than just filling out a form and waiting for approval. Many people need help along the way, but with good advice, they find the process relatively easy. To avoid delays in the trademark registration process, you need to know some important facts. When you save a marker in standard character format, your drawing consists of typed letters, numbers, or punctuation marks. †Based on the submission of two applications, each with an independent probability of 75% of registration, since 75% of the applications that resulted in the final decision (registration, rejection or withdrawal) with the USPTO were registered before March 19, 2020. ^According to AIPLA`s 2019 Economic Survey report, intellectual property attorneys in the United States charge an average of $2445 for trademark authorization and filing. On the other hand, if you`re just trying to protect your business name in your home state, the cost of filing a single trademark application ranges from $50 to $150 in most states. A drawing is a page that represents the trademark you want to register. In an application based on actual use, the design must show the mark as it is actually used (i.e. as indicated in the drawings). In the case of applications based on intent to use, the design must show the mark as the applicant wishes to use it. A drawing is also required when a sample is submitted.
Similarly, the common law provides limited protection in the event of a dispute over your name. Federal trademark registration allows you to bring a trademark infringement action in federal court. So, if you really want better protection, it`s a good idea to register your trademark as soon as possible. Unlike the other two types of intellectual property protection, trademarks seek to determine whether another person`s use of a similar mark would mislead a consumer as to the origin of the goods or services. This makes a trademark a powerful weapon against counterfeit products or competitors who are trying to confuse the public or make money with your good reputation. When you file a U.S. trademark application, you must specify the class of goods or services for which your trademark is used. Learn more about brand classes and why it`s important to choose the right one. The trademark registration process can be complicated, so you need to know what the U.S. Patent and Trademark Office is looking for when you apply. Here`s what you can expect to pay for registering a state trade name or federal trademark.
Choosing a trademark class can be the most difficult and confusing part of filing a trademark application. Here are some tips to help you understand brand classes and choose the right one. The USPTO prefers that applicants file their applications electronically through the Trademark Electronic Application System (TEAS) or one of the many other online filing services. You can avoid legal problems and countless headaches by being proactive to make sure you don`t infringe another company`s trademark. It also gives you a head start when it becomes necessary for you to enforce your trademark in an infringement lawsuit in federal court. The trademark of your business name is valid for a period of 10 years, after which you must apply for a renewal. There are four basic requirements for filing a trademark (or service mark) with the United States Patent and Trademark Office (USPTO): 4. You must file a design of the trademark and a drawing of the mark if the application is based on actual use. A sample is a real-life example of how the mark is actually used on goods or in relation to a service. Labels, labels or containers of goods are considered acceptable samples for the use of a trademark. In the case of a service mark, samples may be advertising, such as advertisements in magazines or brochures.
Labels and photos of the packaging are examples of acceptable specimens. A “decorative use” of the mark – such as an image on the front of a t-shirt – is not an acceptable specimen without something like a hang tag to show actual commercial use. Samples should be flat and not exceed 81/2″ x 11″. DVDs, CDs and others are also acceptable. If you are filing a trademark application in a sound or animated video formation, you must file the design as an electronic file in one of the following formats: .wav, .wmv, .wma, .mp3, .mpg or .avi. Visit the USPTO website for more information on trademark renewals and declarations of use. If you`re starting a new business, you`ll need to choose a name that can be used in your state and doesn`t go against another company`s brand. However, registration has several important advantages: trademark registrations last for 10 years and can be renewed for another 10 years, but you must submit maintenance documents to the USPTO to keep the registration alive. If you do not submit the required documents on time, your trademark registration will be permanently deleted.
The cost of filing a paper trademark application is typically $750 for each class of service or product. When you register a trademark with the USPTO, you get the greatest possible protection for your trademark. The benefits are as follows: The USPTO allows a trademark – which is a name, logo, or slogan – per application. If you file a trademark application for your business name at the federal level through the USPTO, you should expect to pay between $250 and $750. Generally, your trademark protection is limited to the classes listed in your application. If your application meets all requirements, your trademark will be approved for publication in the Official Trademark Gazette of the USPTO. This gives other people the opportunity to defend themselves against it. If there is opposition, you may need legal counsel to assert yourself. Your trademark application must contain the following information. The name you choose for a new business is often one of its most valuable assets – one worth protecting.
By registering your company name with the United States Patent and Trademark Office (USPTO), you protect yourself nationwide from competing companies that might be inclined to use a similar name. Registering a trademark sounds simple, but it`s not always easy to register a trademark yourself. If you have developed a good buzzword to identify your company and its products or services, you may want to register a trademark.
