A trademark is a sign of starting quality
or place. It is frequently believed of as a "brand." It represents
the goodwill and reputation of a business or product. Trademark rights in the
United States are obtained via the utilization of a mark on services or goods.
A trademark might be recorded at the federal or state level.
There are,
however, a number of pluses to having a state or federal registration.
With the beginning of the Company Act
2013 the trademark registrations have become important for any business unit.
With the increasing consciousness about intellectual property
and trademark, over thousands of marks each year are registered
trademark. As per the act, it is said that the company cannot have the
name same like that of the registered trademark. Thus, attaining trademark
registration is an essential part of starting any business entity.
Requirements to get a filing date
- Applicant’s name
- An address and name to which the USPTO should send mail.
- For non-traditional marks and design, an understandable sketch of the mark.
- A catalogue of the services and goods that are or will be sold or offered in association with the mark.
- For foreign applicants, the designation of a Domestic Representative.
The competitive markets of today have made
branding and advertising a must for any business. Businesses spend on a
variety of advertising medium for instance newsprint, digital, TV, radio, etc.,
to endorse their brand among customers. In case a brand is not trademarked,
the brand can be claimed by any person Thus, it is essential to file a
trademark application for the brands before the start of
advertisement campaigns.
After the trademark is registered it is
valid for next few years. In between these years, no lawful obligations,
no statutory requirement and other fees are needed. Just prior to the expiry of
trademark certificate, it can be renewed and the owner can guard the trademark
by the third party. The trademark registration is much reasonable than
domain registration in the long term and can be maintained everlastingly.
What occurs after the application is
filed?
The USPTO will provide an official filing
proof of payment by email if the application is filed by electronic means or by
mail if it is filed on paper. A serial number will be allocated, and the facts
of the application should become visible on the USPTO’s website in two weeks of
filing. The growth of the application might be tracked at the online
portal.
Usually, an application is inspected three to
four months after filing. In case the USPTO examiner objects to registering the
mark on substantive grounds or raises informalities that must be addressed
prior to the application can proceed, an Office Action identifying each
objection will matter. The candidate must reply to the Office Action in six
months of the application or its mailing date will be discarded.
Trademarks411 was set-up by an attorney with authentic experience filing trademarks with the USPTO or United States Patent & Trademark Office and getting them accepted and a flourishing internet entrepreneur.
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