Understanding The User Date In Online Trademark Registration

Trademark registration is purposely for claiming a right over a particular logo/ word/ a blend or both before anyone else and benefiting from the exclusive rights there from. An individual who applies first for trademark registration gets priority over that name. So, the significance of user date is necessary in trademark registration for registered in addition to unregistered trademarks.

Understanding The User Date In Online Trademark Registration

Essentially, user date is nothing but the date since the said brand name has been in use for commercial purposes. A claimed user date can prove to be a benefit in numerous trademark cases.

Let us know in what way “user date” works:

When two trademark applications are applied for and compared, the one that claims a prior date/date of first use of trademark has a superior chance of getting the restricted right to use the mark. Thus, if you have been using the name before going in for registration you must claim the use of the said brand from that date. And if the brand name is not in use still, it has to be applied for under the group of proposed to be used.

Just stating any specific date is not adequate. One must be able to offer a valid proof for the same. Claiming prior use without proof is not allowed.

What evidences can support the prior use claim?

The documents that can offer evidence for the claimed use can be:

1. Radio advertisements
2. Advertisements such as brochures, flyers, leaflets that have been freely distributed
3. Invoices and bills of each year from when the mark is in use
4. Government Registration Certificates
5. Website pages that endorse the services
6. Television commercials

These documents should have the brand name and the date and proof that the brand name was used for a commercial reason.

Benefits of claiming user date

1. Makes the mark idiosyncratic

Constant use of a logo or brand name assists in making a secondary meaning. This assists the brand get a diverse appreciation in the market. For instance, usually registration of common names and surnames is not allowed, but if it is easily identified by the public and they distinguish it from other products in the market because of the diverse name or logo, the registration would be limited. A mark which otherwise may be denied may get registered owing to a claim of prior constant use.

2. Offers an exclusive right to use the trademark registration service

The Trademarks Act restricts the registered TM owner from interfering with the rights to utilize of a prior user. The prior user gets priority in registration. Also he/she can stop any third person from trademark registration or infringing the mark that is similar to such a prior company or person.

3. Dealing with objections and proceedings

The applicant who claims prior use typically has the upper hand in claiming right over the trade name. If an opposition or a third-party opposition is raised, prior use can assist the applicant recover his right. But, it is important that a legitimate user date is mentioned in the application, it cannot be claimed at a later stage. 

Why Should You Get Trademark Registration Done?

Whether people understand it or not, they deal with trademarks on a daily basis. A “Trademark” is referred to as a diverse way of identifying with the brand. A trademark is better defined as a design, an elucidation or anything that features the organization or the product that is assisted by the firm. Somewhere, these trademarks are also known as “Service Marks”. For a better understanding, the term means any mark that distinguishes its organization or its owner. Thus, if you are running any business, then you must arise with distinctive and attractive trademarks that get registered in people’s minds. Let’s take a look at the significance of trademark registration in the United States:

• Trademarks establish your Brand to show-up from Other Brands: A trademark must always be distinctive to your brand. By having your distinctive logo, anyone can easily recognize which brand your product belongs to.
• A Trademark is Forever: The Trademark registered by any organization remains with them forever. It can be explained better through this example. It is like buying an ice-cream once and eating it forever.
• It Makes your Brand Distinctive: Let us consider that you register your brand’s logo as your trademark. As per the supposition, every business needs a logo that stands out and is easy to recall or understand rather than having a logo that is hard to remember and does not even explain your brand. Thus, every business would opt for the former. The reason for this is self- explanatory.
• It protects your Product’s Name: If you have any online trademark registration, you can fast show your ownership of the product. Having a registered trademark also enables you to utilize all the products registered under your ownership. It proves that the product belongs to that specific brand and you have the rights to sell, modify or use the commodity in whichever manner you want.
• Trademarks can be precious: What if it is affirmed that trademark registration service can be precious? Well, as your business grows over time, the worth of the trademarks gets scaled up automatically. So, if your business grows, your trademark also grows in value.
• A trademark assists in Business Growth: So, let us say your organization deals in computers but after putting in some profitable hard work you may be thinking to increase your business and venture into the video or audio hardware business too. If you are new to this business, then there are higher chances of breakdown, but if you have your registered trademark, people would trust your brand no matter which field you are expanding in.

Having a specialized trademark can take you places, do not suppose it? Simply speaking, it does! When you keep the above points in mind and work in the right manner, you will certainly see a drastic change in your business and also get positive gratitude in the market. You will enjoy the open ownership on numerous products and you can easily own it. You can stamp your trademark on every product of yours. Yes, that’s permitted! So, keep yourself updated and file your trademark application today!

Understanding Why Trademarks Are Significant Assets And Assist Grow Business

Even if you do not realize it, everyone deals with trademarks every day. “Trademark” is another way of referring to brands. Consumers’ buying decisions are influenced by trademarks and the status such brands represent. It is significant for business people to have an understanding of why trademarks are vital assets and help grow their business. Here are the top reasons of why trademarks are imperative to your business.

• Trademark registration makes it simple for customers to locate you. The marketplace is crowded and it is hard to differentiate your business from your competitors. Trademarks/brands are a competent commercial communication tool to imprison customer attention and make your business, products and services show up.
• Online trademark registration is an efficient communication tool. In a single logo or brand, trademarks can convey emotional and intellectual attributes and messages about you, your company, and your company’s services, products and reputation. Your trademark does not need to be a word. Designs can be recognized irrespective of language or alphabet.
• Trademark registration services are a priceless asset. Trademarks can appreciate in value over time. The more your business reputation develops, the more valuable your brand will be. Trademarks offer value beyond your core business. Trademarks can lead the way for growth from one industry to another, such as from eye ware to clothing or personal care. If you like it, your trademark can result in the achievement of your business by a bigger corporation.
• Trademarks enable businesses to use the Internet and social media effectively. Your brand is the primary thing customers enter into a search engine or social media platform when looking for your products and services. Higher traffic on a website or social media platform interprets into higher rankings, bringing even more traffic, more clients and more brand recognition.
• Trademarks can make hiring simpler. Brands can motivate positive feelings in people’s minds. As a result, employment opportunities are more enticing to candidates. Employee preservation can be higher if employees have optimistic feelings for the brand and the products and services offered.
• Trademarks never run out. Your trademark will not run out as long as you are using it in United States commerce. Some of the most renowned brands in the United States today have been around for over a hundred years.

Brands are a vital asset. Do your due diligence before investing time and money in launching a new brand. Be sure the brand fits your company. Get a clearance search to ensure your new brand is available and doesn't disobey on anyone’s previous rights.

Failing to investigate a brand before adopting can result in denial of registration by the USPTO or, worse, a cease and desist letter from another brand owner. Spending the time and money up front to find out whether a brand is available will assist avoid the very high costs of a dispute or litigation. Remember that the more you distinguish your brand from others in your industry, the easier it will be to protect. Choose a logo and name that distinctly identify your business and will security it from competitors.

Protect Your Logo And Brand Name By Getting Trademark Registration

In easy words, trademarks are special distinctive signs that are used to recognize goods or services from a certain company. They can be pictures, designs, expressions or even signs. It is significant because it distinguishes your products from the competitions. It can be linked with your brand or product. To get the guard of trademark rights one has to register the trademark. It is essential to register your trademark as it stops others from copying your mark and misrepresenting other products with your mark. Trademarks assist the customers to recognize the brand and the brand value in one look such as the logo of a tick sign for well-known companies.

Unlike patents, trademark does not have a specific limitation period. Where a patent expires in two decades a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This procedure can be done indefinitely, meaning as long as you keep renewing the trademark it will not run out and will carry on being under the protection of the Act.

• By trademarking your company’s name, you are protecting the brand, its repute, and your ideas, all of which you unquestionably invested a great deal of sweat, blood, and tear working on. And while the trademarking process itself will take time in all areas considered, nothing would be worse than not protecting your brand and potentially be faced with an infringement lawsuit from a larger company. The process of brand online trademark registration is now possible and convenient such that you can trademark any one of the below things or even a combination of the following:

1. Sound Mark
2. Letter
3. Number
4. Word
5. Phrase
6. Logo
7. Graphics
8. Smell or a mix of colors

• In the Trademark Registration Service form, the individual whose name is mentioned as the applicant will be declared as the proprietor of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be a candidate and might file the application for the registration of the specific trademark.
• Registration of a trademark is done by the registry of the trademarks. When you plan on registering a trademark there are a few steps implicated.
• Keep in mind to select a unique and idiosyncratic mark it will represent your company. The other significant point is identifying which class you belong to.

After you have selected your mark it is advisable to do a search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller general of patents, trademarks and designs. On the website, you can find an option to do a public search. Once click on this option you need to select your class and search the online database.

A trademark can be one of your company’s most precious assets. It is a form of recognition and contributes considerably towards building the company’s public image.

Online Trademark Registration Benefits

Commonly known word “Brand Name” is referred as “Trademark” in lawful terms. A Trademark means any word, symbol, device, name, numerals or combination of both, which can be represented graphically can be registered as trademark. A trademark is distinctive symbol which differentiates your goods or services from others. The trademark which is registered for services are referred to as the service marks.

A perfect trademark is easy to speak and remember; in spite of it should not lose its distinctiveness and idiosyncratic character. Decision of a customer approaching for buying any goods or hiring services are exceedingly influenced by the Brand Value and repute a Brand Name holds.

Online Trademark Registration benefits

• The owner of Registered Trademark likes exclusive right over the trademark. The owner can use the same for all the products falling under the class applied. Also, the owner can enjoy the sole possession of the Trademark and can stop other from the unauthorized use of the Trademark under the same class where it is registered. It offers the right to sue the unauthorized user of the Trademark Registered.
• It makes simple for customers to find your products. It makes your product and individuality of products diverse from that of the existing and foreseen competitors and acts as competent commercial tool. The logo can converse your quality, vision, or unique characteristic of your company and any organization.
• The ascertained quality of your product and services are known by everybody through the trademark and which establishes goodwill and trust among the customers in market. It assists in creating permanent customers who are trustworthy and always opt for the same brand.
• Trademark registration service offers recognition to the quality of the product. Clients attach the product’s quality with the brand name and this figure is created in the market about the quality of a specific brand which assists in enticing new customers as they can distinguish the quality of a product by the logo/brand name.
• After the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. It is special of all types of usages as well as rights. If anyone else uses the trademark then you can also sue the party if the trademark is registered.
• 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 intangible asset which offers the advantage to the organization.
• No competitor or other person can use the logo registered by you under trademark. However, if in any case one uses it without the approval of the owner of trademark or make any misleading use of same, the owner can get the legal protection under the Act and stop the person doing so.

If one wants to register the trademark in countries other than the United States, the trademark registered in the United States can be used as basis of registration there. For any person willing to expand outside the United States, the trademark registered in the United States can provide a good base along with the Established Goodwill in the Country.