A trademark is a distinctive sign or an indicator for recognizing a business or an organization. Normally, it gets registered under the name of the holder in the United States Patent and Trademark Office or other legal entity. Registering the trademark helps in non-creation of same marks.
Please follow the steps to complete the application process:
Login to the website of the USPTO
Click on the "Trademarks" link on the web page
Look for the "File Online" to complete the following details:
Explain about your trademark. Note that trademark is usually referred to as "marks".
Mention the date on which you initially started using the mark.
Out of the list provided please tick the one into which your trademark comes.
Among the goods and services there listed about 40 categories that will help you to put your trademark in the appropriate category while filling your application online.
Please do remember to attach the following with your application:
The trademark image,
Suggested examples of its usage
An approximate cost of USD 325 for each category you get registered.
Also, to get qualified for registration your trademark should be used as an "interstate commerce" to get listed with the USPTO. During the registration process, the trademark will be posted on the "Official Gazette" indicating its 'eligibility' as well as for to raise objections, if any. The process will be further followed up with a meeting in the case of a conflict or else it will take a span for nearly one year for USPTO to call you. After the registration, you should follow certain rules. These include:
Not using the mark as pre-existing ones especially for goods or services.
Not registering trademark on prohibited list of names. This list includes:
Words or symbols that violate deceased or living people's beliefs
National symbols or institutions
Marks that are immoral or deceptive
Marks that are used only in a certain state are not permitted
Names of people who are still alive, unless they have approved it
The American flag
Any federal insignia
Any similarities to deceased Presidents
Adding to the above, the trademark should be standard ones and clearly mention the products they are dealing with. The duration of getting the trademark registered may even get prolonged depending on the objections raised in your application and due to processes involved.
For using the trademark in unlimited way you should file a statement or you will end up in reprocessing your application. Don't forget to go through with all the details of your trademark papers particularly on the terms and processes.
Published by Christopher Blydenburgh
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