Why Trademark Registration Is Considered Valuable For Business?

Trademarks are referred to as “Brand Name”. Any word, symbol, device, name, numerals or mixture of both, which can be represented graphically can be registered as trademark beneath Indian Trademarks act, 1999. Registration under trademark grants you right to use the distinctive symbol which helps to differentiate the products in form of goods or services from others including the competitors. But, the Brand Name, which is registered with respect to services is known as the service marks.

A brand Name is that sways the decision making power of the customers approaching the organization with the reputation it holds. An idyllic Trademark, through which an organization will be known, can be the word or phrase that is easy to speak and keep in mind. Irrespective of the said character, it should not lose its individuality and unique character. The individuality shall be confirmed by the organization in manner that it does not disagreement with other registered trademarks or renowned brands. Apart from brand name registration, a logo can also be applied with the same application.

An owner or entrepreneur of business cautious to build a supposed brand in the industry should be conscious of what are the advantages that a Registered Trademark can offer to your business to take a wise decision of making an application.

Here are the benefits that Trademark Registration offers to business

• The established quality of your services and product are known by everyone through the trademark which sets trust and goodwill among the clients in market. As the brand name is legally registered it creates a positive image among customers which assist in creating enduring customers who are faithful and always opt for the same brand.
• A registered company or brand name logo gives gratitude to the quality of the product. Customers attach the product’s quality with the brand name and this picture is created in the market about the quality of a fastidious brand which helps in attracting new clients as they can distinguish the quality of a product by the logo/brand name.
• It makes simple for customers to find your products using ® mark next to the brand name or logo. Trademark makes your product and individuality of products distinct from that of the existing and foreseen competitors acting as competent commercial tool to market the product. The logo will converse your vision, quality or exclusive characteristic to the third parties, unnecessary to say working as self-marketing tool.
• Online Trademark Registration creates an intangible asset i.e. Intellectual Property for an organization. Registered trademark is a right created which can be assigned, sold, franchised or commercially contracted. Also, the Trademark is an insubstantial asset which gives the benefit to the organization. This intangible asset will form part of the financial statements of the owner and hence while transfer of business the value of benevolence can be encashed by the owners.

The benefits of the Trademark Registration Services are more than what it costs to be registered. Its worth may not be calculated in financial terms in short term but the market presence offered by registered trademark plays a vast role for the business development. So, make an application for Trademark Registration before someone else registers it. 

Errors To Avoid When Filing Your Own Trademark Application

Entrepreneurs frequently select not to spend money on legal fees as they are launching their businesses.  Justifiably, budgets are tight in the early days of the company, and when faced with the choice of spending money on a trademark legal representative or on product development, product development typically wins.  

This results in several businesses and individuals applying to trademark registration with the United States Patent and Trademark Office devoid of first seeking legal advice.  While this can be successful and without event, entrepreneurs quite frequently make errors when managing the online trademark registration application and maintenance procedure on their own.  This post looks at what are probably the top mistakes and how to avoid them.

• Making technical errors in the application

While the fields to be filled out in a trademark application may appear uncomplicated, people untried with the forms make recurrent, and at times fatal, errors.  These errors can result in the application being refused altogether, or in having to respond to an Office Action.  Mistakes comprise:

(i)                  not developing an appropriate description of goods or services

(ii)                not understanding when to apply based on “intent-to-use”

(iii)               not understanding the level of “use” required to support a use-based application;

(iv)              applying to register the trademark in the wrong class

(v)                not understanding whether a mark is registerable as a trademark; and

(vi)              filing an improper specimen

• Not conducting appropriate clearance

When choosing a brand, the very first step is to make sure that the brand is “clear” for registration and use.  If a brand owner chooses a particular name for her new social media app, she must ensure that no third party is utilizing the same or a confusingly similar name for the same or associated services.  If she fails to clear the mark, then the money and time she spent establishing the name as a brand would be exhausted if she later explores that she has to rebrand as the chosen name is already in use. 

• 3. Not replying to office actions

After an application is filed, it takes about 3-4 months before a legal representative in the Patent and Trademark Office reviews it. If the application is ideal, it will be published for opposition.  If it is unopposed, it will then be accepted for registration.

If, there is a problem with the application — whether small or great — the Examining Attorney will issue an Office Action, which necessitates a response.  Failing to submit a response on time will result in the application being deemed discarded. At times, the issue raised in an office action will be minor: the Examining Attorney might require that a descriptive word be disclaimed, or that the goods or services described in the application are amended to be more definite. 

It is indeed possible for entrepreneurs to file applications and get trademark registration service on their own successfully.  If this is the route you select, then it is well worth your time to publicize yourself with the application process to decrease the possibility of a costly issue.

Steps To Verified Trademark Registration In The United States

Trademark registration follows a very stringent application procedure in the United States, and is subject to clear legal procedure in regards to trademark law and brand protection which identify the necessities that must be fulfilled for a trademark application to be filed. The United States Patent and Trademark Office is the central authority responsible for trademarks registered in the United States. Trademarks requiring protection in other countries must register with the authorities of every country in question, as U.S. trademark law does not expand to other nations. This post will talk about the steps for trademarkregistration service, as well as the costs for brand application in the U.S.

Preparation for trademark registration

U.S. trademark law has evidently defined what qualifies a product or service to be registered as a trademark. Before thinking a trademark application, it is essential to check that the object of the desired trademark fulfills the criteria of a protected trademark under the USPTO, as well as to find out whether it is in conflict with pre-existing brands – that is, brands which have been registered with the USPTO by a contender already.

Trademark registration acceptance

The steps for online trademark registration application and upkeep vary depending on trademark categorization and use. The procedure of confirming trademark registration goes as follows: USPTO review, Application, registration certification, mark publication, and registration renewal.

• Application

All applications must be sent via the Trademark Electronic Application System (TEAS) and have linked non-refundable fees. The three cost options and their associated requirements are outlined by the USPTO. Applications can also be filed by mail, even though the associated fees are much more. Following initial application, it is vital to monitor the application’s status through the Trademark Status and Document Retrieval (TSDR) system to avoid missing any time limits. It is significant to note that payment of application fees does not promise registration, and that rejected applications will not have their fees reimbursed.

• USPTO review

Applications received by the USPTO will then be sent to an examining legal representative to confirm that they have met the entire minimum filing requirements and paid the suitable application fees. This procedure may take quite a few months, as a complete review comprises a full examination as well as confirmation that there are no conflicting marks already registered.

In case of application refusal, the examining legal representative will issue a letter explaining the reasons for refusal or any issues with the application. It is then up to the applicant to reply to the Office action in an appropriate fashion. Applications left un-replied six months after the mailing date of the Office action are declared discarded.

• Mark publication

Applications which have passed the examining legal representative will be published in the USPTO’s weekly publication, the “Official Gazette.” Notice and date of publication will be sent to the applicant, and potential rivals of the registration have thirty days to file their complaints. If oppositions are filed, they are handled with by the Trademark Trial and Appeal Board (TTAB) in a manner similar to a federal proceeding, but monitored by the USPTO.

The Beginner’s Guide to Trademark Registration

Just as your trade has a name, it also requires having its own identifiable logo to set up a visual representation of your brand. The logo requires imitating your company’s brand personality and market niche perfectly. And it should be distinctive adequate to distinguish the company from the competition. Because your logo and name are part of the DNA of your brand and your business, applying for registration of the copyright and trademark of both is a significant consideration.

Is it mandatory to register Your Copyright and Trademark In Your Name or Logo?

You certainly do not have to register the copyright and trademark your company’s logo or name, in the United States; you own the copyright as soon as you put the original work on pieces of paper or computer drive, and you won a trademark as soon as you use your logo and name for marketing your business. But, taking the additional step of registering both can offer you significant protection. Registering the trademark guards you from losing your rights to it if some other company utilizes the same or a highly similar name. By getting your trademark registration done in your name, you are declaring special rights to it for your line of business. And you are preventing someone else from using your name in a similar business.

If you possess a small business, which you function in one state and do not plan on extending into new markets, you do not need to register the trademark your name. You already have the right to use it in your market. In contrast, if you plan to enlarge your business and stretch out to new markets, it would be intelligent to register the trademark, so that no perplexity arises if another company is using the similar name as yours.

If for instance, you start a blog and design a new logo for it, you will need to guard it. When it comes to registering your logo, just by using it, you are making a trademark. You are making a visual representation of your brand since your logo is what your clients recognize you by and it is what differentiates you from your contestants. But, an online trademark registration does offer more defenses, as it stops others from thieving your logo or using one that is very similar to yours.

By just using your company’s mark in commerce, without registration, you are setting up your “common law” rights. But, registering your trademark with the United States Patent and Trademark Office (USPTO), will offer a number of advantages.

Those benefits comprise:

• The legal assumption of your ownership of that mark countrywide, which is significant if you plan to develop your business to other markets.

Thus, trademarking and copyrighting your name or logo is definitely not necessary, but it can offer you

This means that you can get a trademark registrationservice for your business name, logo, slogan, symbol, design and anything else that contributes to the brand identity of your company and the products or services you offer.

Trademark Registration | Various Kinds Of Trademark Registration In The United States

A Trademark Registration provides legal protection for a design, word, phrase, symbol, logo, or combination of those that represents a source of goods or services. Categories of trademarks for products comprise five main categories: suggestive mark, descriptive mark, generic mark, imaginary, and random mark. 

• Suggestive Mark

A suggestive mark entails something about the goods or service. A mark in this group usually qualifies for protection without necessitating a secondary meaning. The term "suggestive" indicates that the customer must use the thoughts to find out what services or goods the company provides.

• Descriptive mark

A descriptive mark recognizes one or more characteristics of a service or product and only serves to explain the product. It has distinctive elements that meet the criteria it for protection under trademark laws for instance; it must have secondary meaning such as manner and amount of advertising, volume of sales, manner, and length of the mark's use, or results of consumer surveys to be eligible. This means that customers must know the mark and recognize it with the brand. To qualify as a descriptive mark, it should develop from what the brand represents to who the brand represents.

• Generic Mark

A generic trademark does not qualify for a trademark except it includes more definite detail. To qualify a generic mark for a trademark, it needs to explain qualities, ingredients, or characteristics of the good your business sells.

• Fanciful Mark

A fanciful mark is a logo, name, or term that is diverse from anything else that exists. This group is the easiest for getting trademark protection as it typically does not compete with anything else or become too generic.

• Arbitrary Mark

This may include a phrase or term with a well-known meaning, but the meaning in its case is different.

For companies that offer services:

Service Mark: This is same as trademark, but it differentiates a company that offers services rather than products. A service mark falls under the legal trademark laws and should be registered with the USPTO.

An added form of legal protection for differentiating businesses is:

• A trade dress comprises identifying features of a company or product such as décor items, packaging elements, and other similar concepts. Product features do not typically fall under a kind of trademark for legal protection, but rather under trade dress protection. If a consumer recognizes a specific feature or features with a brand or company rather than the actual product, the case for trade dress protection is powerful.

When applying for Trademark Registration Service protection, it is vital to know the differences between each type. If your logo, phrase, symbol, or word is too generic, it will be hard to qualify for legal protection. It may be worthy to think about modifying your mark so that it qualifies more easily.

An Online Trademark Registration enables customers to identify the source of goods or services easily so that there is trademark uniqueness. Before trademark laws became more synchronized, there was puzzlement in the market. Customers could not recognize the provider of services or goods immediately, so it was hard to get brand loyalty.