Obtain The Trademark Registration In The United States Without Trouble

The USPTO reviews trademark applications and verifies whether an application meets the necessities for federal registration. You can also set up rights in a mark based on legal use of the mark. But, owning a Federal trademarkregistration on the Principal Register offers quite a few advantages, including the following:

• Constructive notice to the public of the registrant's claim of possession of the mark;
• A lawful assumption of the registrant's possession of the mark and the registrant's special right to use the mark countrywide on or in association with the goods and/or services planned in the registration;
• The capability to bring an action concerning the mark in Federal court;
• The utilize of the U.S. registration as a basis to get registration in foreign countries; and
• The capability to file the U.S. registration with U.S. Customs and Border Protection to stop introduction of infringing foreign goods.

Any time you claim rights in a mark, you might utilize the "TM" or "SM" designation to vigilant the public to your claim, irrespective of whether you have filed an application with the USPTO. However, you might use the Federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is imminent. Also, you might use the registration symbol with the mark only on or in association with the goods and/or services listed in the Federal online trademark registration.

• Maximum applicants base their application on their present use of the mark in commerce, or their intention to use their mark in commerce in the future. For the reason of obtaining Federal registration, "commerce" means all commerce that the U.S. Congress may regulate lawfully; for example, interstate commerce or commerce between the United States and another country. Usually, acceptable use is as follows:

1. For goods: the mark should appear on the goods, the container, or displays related to the goods, and the goods must be transported or sold in commerce.
2. For services: the mark should be used or exhibited in the sale or advertising of the services, and the services should be rendered in commerce.
3. If you have started using the mark in commerce already, you might file based on that application. A correctly worded declaration is incorporated in the USPTO standard application form. The applicant authorized to sign on behalf of the applicant must sign the statement. The application must comprise a specimen showing use of the mark in commerce.

• The subsequent step is to search the database, before filing your application, to find out whether anyone is already claiming trademark rights in a specific mark. You may carry a search online for free through TESS database. If your mark comprises a design element, you will need to look for it by using a design code.

You might file your trademark registration services online using TEAS. TEAS enables you to fill out an application form and check it for entirety, and then present the application to the USPTO over the Internet directly. You can pay by credit card, via USPTO deposit account, or via electronic funds transfer.