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us trademark application process

US Trademark Application Process

Table of Contents

Is Trademark the right IP for you?

Different goals of intellectual property protection are served through the registration of trademarks, patents, copyrights, domain names, and company names. 

A trademark protects the brand names and emblems that are used to identify products and operations in the market. Patents and copyrights cover inventive works, whereas domain names are components of web addresses that point to certain websites. 

The act of registering a domain name with a registrar only creates an internet address; it does not give trademark rights. The common practise of registering business names at the state level does not immediately become trademark usage. 

While business names are registered by states, trademarks are protected more broadly, protecting their uniqueness in the marketplace. For organisations looking for the right security for their intellectual property assets, understanding these nuances is essential.

Requirements for US Trademark Application Process

The following are the requirements for 

  1. The applicant’s name.
  2. A contact person’s name and address where the USPTO can send communications.
  3. A precise drawing of the mark is required for design and other non-conventional markings.
  4. A list of the products and/or services being sold or provided in conjunction with the mark.
  5. The cost of filing for at least one group of products or services.

US Trademark Application Process

On the TEAS (Trademark Electronic Application System), the trademark application can be submitted online. The steps that must be taken to apply are as follows:

Step 1: Checking trademark availability

You must determine if your trademark may be registered in the US. To determine whether any same or similar trademarks have previously been registered, extensive research must be done on the United States trademark registry database.

Step 2: Application filing

Once all the information is acquired, the application must be completed and sent to the USPTO. 

Step 3: Checking of the trademark

The trademark examiner evaluates it on a number of basis when the trademark filing is finished.

Step 4: Action and approval of Trademark Office

A notification is sent out in relation to the application if any incorrect information or errors are discovered. 

For the application to be granted, you have six months to change the information or resubmit. The form is then forwarded to the Official Trademark Gazette for approval if no objections are voiced.

Step 5: Opposition time

After your trademark is published, a period of 30 days is given for other brands and people to raise opposition against your mark. 

If there is disagreement or objection, you will have adequate time to react with justifications and evidence for why you ought to be granted ownership of the contested mark. Furthermore, if your arguments and supporting proof are strong, you will be granted trademark registration. Your application will be turned down if you don’t.

Step 6: Final registration

The trademark registration application is eventually accepted and finished if the opposition and trademark examiners do not oppose. A ‘notice of permission’ is also given.

If the application is submitted online, the USPTO will provide an official filing receipt by email; otherwise, it will send one by mail. The application’s specifics will be given a serial number, and within 14 days after filing, they should be visible on the USPTO website. 

The application’s development may be followed at http://tsdr.uspto.gov/.

Validity of a Trademark

The trademark is legally binding for 10 years after registration. Before the ten years are over, you can renew your trademark registration to extend the period of protection by another ten years.

Maintaining Your Trademark

The registrant is required to provide appropriate maintenance documentation in order to keep the registration active. The registration will be cancelled and/or expire if these necessary filings are not made.  Your only option if your registration is revoked or expires is to submit a fresh application and start the procedure over from scratch. When you file a new application, the fact that your mark was previously registered does not ensure registration.

Conclusion

Despite all of this, registering a trademark in the United States can be difficult and time-consuming. Therefore, we advise you to look into our trademark registration service. The majority of the work (such as trademark research, documentation, and filing) will be handled by our experts, who will also walk you through the procedure. 

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