Trademarks are often perplexed
with two other types of intellectual property protection: patents and
copyrights. Trademarks usually protect logos, brand names, slogans and symbols
that companies use on their services and goods. Patents usually safeguard
inventions. Copyrights usually look after original literary and artistic works
for instance movies, novels, songs, artwork and photographs.
Unlike the other two types of
intellectual property protection, trademarks pay attention on whether a
customer would be confused about the source of services or goods by someone
else's use of a similar mark. This makes a registered trademark an influential
weapon against fake goods or competitors trying to perplex the public or make
money off of your good name.
Trademark Registration: What's Involved?
Federal trademark registration
entails much more than just filling out a form and waiting for consent. Several
people need assistance along the way, but with superior guidance they find the
procedure comparatively clear-cut.
- Trademark search. This recognizes present trademarks that may stop you from listing yours. A search helps you in saving money and time by decreasing the opportunity that your trademark application will be left without. It also assists you stay away from infringing someone else's trademark. You can try to do a search on your own or you can sign up a professional to carry out a wide-ranging search for you. You might need an attorney's assistance to understand the results and assess any prospective problems.
- Trademark application. These are acknowledged online via the website of USPTO, or you can have a trademark registration service get ready the request and present it for you. You should provide information about your mark and the way you are utilizing it. You must also pay a filing fee that is not refundable if your application is rejected.
- Publication and oppositions. When all issues have been determined, information about your trademark will be published in the Official Gazette of USPTO, and people have a chance to file oppositions. These can get extremely technical and you should seek lawful advice if someone combats your trademark.
- Office actions. In case the USPTO finds issues with your application, you may get a letter known as an Office action. You should reply to the issues recognized in the Office action rapidly or you risk having your application rejected. Several people find they require legal assistance when confronted with an Office action.
- Statement of Use (SOU). In case you have not started using your trademark when you filed your request, you have an extra step to finish. You should start utilizing your trademark as well as file a Statement of Use prior to your registration can be given final approval.
Other Types of Trademark Protection
State Online Trademark Registration safeguards your trademark only within
your state. Just by using your trademark, you might have common law rights, but
those rights offer limited protection and lack the enforcement and prevention
features of federally registered trademarks.
Trademarks
are expensive words and symbols that businesses use to recognize themselves and
their services and products. But prior to you start using any trademarks in
your business; you need to know if a similar trademark has been registered to
someone else already.
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