All the Information You Need For Online Trademark Registration

A trademark is a name, logo, brand, or other symbol connected to a company's goods, services, or products. It safeguards the company's identification and tracks the origin of the products and services. Rivals or third parties cannot use a company's trademark without authorization; otherwise, trademark infringement will occur. Nonetheless, trademark protection is limited to the territory in which it is registered, that is, inside that nation. Therefore, online trademark registration is needed in that nation if it is to be used elsewhere.

Is It Necessary To Have A Trademark?

It is not necessary to register the trademark. A trademark may be used without being registered, and the owner may still be entitled to certain benefits. However, registering a trademark gives the owner of the trademark several advantages and rights.

 

Upon registration, a trademark owner receives statutory protection against infringement. In legal proceedings involving infringement, registration serves as evidence of ownership. The owner is granted exclusive usage rights and is even able to sell the trademark. The owner of the trademark may use the Ⓡ symbol to indicate their ownership and alert third parties to any unauthorized use of their property.

Basis for Filing a Trademark in the United States

Applying for online trademark registration in the United States is very easy. A trademark owner must include the filing basis or the legitimate justification for the trademark registration. The trademark owner must meet the legal requirements for each of the various filing bases. The several filing bases listed below are available for a trademark owner to choose from when submitting a registration application:

• Use in commerce basis: The trademark owner may use this filing basis if the trademark has been used for goods both inside and outside of the United States, as well as when it has been used to provide services to clients both inside and outside of the country.

• Intent-to-use basis: The trademark owner may use this basis if they have not yet begun using the mark but genuinely intend to use it in commerce for their goods and services within the next three to four months. 

• Foreign registration basis: The trademark owner may choose this filing basis if they are the owner of a foreign registration for the same mark in the country of origin for the same goods or services. It was necessary to file the foreign registration application in the nation of origin and complete the registration process within the allotted six months.

• Foreign application basis: The trademark owner may choose this basis if, within six months of applying in the USA, they have submitted a foreign application, that is, an application for trademark registration in the county of origin. The overseas application must, however, be submitted for the same mark and products or services. Because the owner is asking for a priority filing date for the US application—that is the same as the foreign application filing date—this basis is also known as the foreign priority basis.

Conclusion

After eight weeks of the mark's publication, the USPTO will issue a notice of approval if the applicant's genuine intention to use the trademark is the basis for its publication and no one files an opposition. The applicant of online trademark registration may use the mark and submit a Statement of Use (SOU) within six months of the notice of authorization being issued, or they may ask for an extension of six months to file an SOU.