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.