Benefits of filing US Trademark Application
Registering Trademark in US has following benefits and they are as follows:-
1.Legal ownership throughout all States i the US.
2.A USPTO Trademark registration confers the highest degree of protection for a Brand name.
3.Exclusive usage right.
4.Right to refrain others from using your Trademark.
5.The trademark gets listed on the USPTO Trademark database ( Trademark electronic search system)
6.Right to use the R symbol.
7.A USPTO trademark registration increases valuation of the Brand name as well as the business.
8.Rights to take legal action against infringers and counterfeits.
How to register Trademark in US
In order to take or Register Trademark in US, following steps are neede to be taken, and they are as follows-
US Trademark search
A thorough search of the similar trademark from the database is required to be done before filing of the4 Trademark Application in USPTO. This gives preliminary assurance that your Trademark is not confusing or similar to the already existing mark. And it also reduces the chances of objection or third party opposition.
Identification of Class
Based on the description or service of the product, accordingly class of that product is decided i.e. based on the description of the goods or services, exact class or classes from among 45 classes is being decided.
Comprehensive specification Drafting
The Trademark specification or description should be provided carefully, and the same should be the acceptable entries of the ID manual provided by the USPTO.
Trademark filing basis (Sec 1A, 1B, 44D, 44E)
This is the crucial step of the Trademark filing process as the Applicant is required to select the filing basis for the Trademark application, from among intent to use, use in commerce, foreign application/claiming priority ( within 6 months from the date of filing date of the foreign trademark Application) and foreign registration.
Specimen of use
If the Trademark is being filed in which usage of the mark is being claimed, corroborating and acceptable specimens of use (documents establishing the use) must be provided.
Once the Application is applied, then a serial number will be provided by the USPTO.
Are Trademark, Copyright and Patent rights the same?
No. Trademark, Copyright and Patent are different types of Intellectual Property Rights. The Trademark protects the Brand name, Logo etc and Copyright protects the original work of the author i.e. it protects literary, musical, dramatic work. Whereas patents give protection to the new invention.
Is company registration and Trademark Registration the same?
No. Company registration is done of a corporate entity which is duly incorporated in the particular State
How do I check the status of Trademark Registration?
Once Trademark Application is filed then USPTO issues a serial number, using which real time status and documents can be viewed on Trademark status and document retrieval at the following link - http:// tsdr.uspto.gov /
What kind of Trademarks could be registered easily?
Generally marks which are unique and are not in a public domain can be registered easily.
What are inherently distinctive trademarks?
There are three category of marks that are considered to be inherently distinctive-
1. Fanciful marks
2. Arbitrary marks
3. Suggestive marks
What are fanciful marks?
Marks which are formed using coined or invented words/terms, that do not have any meaning. For eg. Pepsi is a Fanciful mark
What are Arbitrary marks?
Arbitrary trademarks are formed with terms/words that although have a dictionary , meaning or a known meaning but that meaning has no relation to the existing mark which is applied.
What are suggestive trademarks?
Suggestive marks only indirectly suggest and not directly describe or give reference to the products or services offered by the said trademark. For eg. MICROSOFT is a suggestive trademark as the mark indirectly suggests and refers to software used for microcomputers such as desktop, laptops etc.
Which type of Trademark is not generally Registered?
Trademarks which are descriptive and general do nor register.
What is a notice of allowance?
For an application filed on intent to use basis, if no opposition being filed either within the opposition period or the extended time, he USPTO issues Notice of Allowance (NOA) which indicates that the trademark has been allowed. However in order to register the trademark applicant must submit a Statement of Use (SOU) within 6 months (Extendable to maximum 36 months) from the date of issuance of NOA.
What if i don't have a registered trademark?
For a trademark to be registered in the USA it is vital to get your trademark registered in your native place.
Can rejected applications be appealed?
If Trademark is abandoned by USPTO, it can be revived by the applicant by filing a petition to revive, based on the reason for abandonment. Such an application should be filed within 2 months from the abandonment of the application from USPTO.
What is the timeframe for a Trademark to get Registered?
From the date of filing the application, the registration process takes six to nine months provided there is not opposition or objection.
On what factors do the authorities review the application?
The application will be reviewed for completeness, and compliance with the registration requirements.
Does a registered Trademark need renewal?
Yes, trademarks need to be renewed after every 10 years. Also on the fifth and sixth anniversary of registration, applicants need sti file statement of sue and specimen, provided the usage of the existing mark in US commerce.