Overview Of The Application Process For Federal Trademark Registration

• You have lawful rights of any ensuing proceedings concerning the trademark.
• Through a “constructive notice,” you have the ability to inform all entities that the trademark is your absolute property.
• The scope of “trademark right” is bigger since you are not confined with simply a state or common law. With this, your trademark will be protected on a national level from possible encroachment.
• With federal registration, there is a high chance for you to register trademarks of various goods or services. Some state or common laws place certain limitations or restrictions to trademarking certain products or services.
• After five years of being registered under the federal registration, your trademark becomes “irrefutable.”

The above is a brief summary of the benefits of registering your trademark through federal registration. Now, let's take a brief look at the proper registration process.

As an applicant you should present the following when registering a trademark:

• A completed application form. You must carefully read the instructions before you write anything on the application form. Your application may be considered invalid if you do not follow necessary instructions.
• A well-prepared illustration of the mark. The illustration must be clearly shown on a clean sheet of paper.
• A registration fee. The required registration depends on the type of goods or services an entrepreneur wants to register. For intent-to-use applications, there is an apt surcharge. Payments can be made via check or money order which is billed to “The Assistant Commissioner for Trademarks.”

Your application can be submitted to the office of United States Patent and Trademark Office (USPTO). For a more convenient filing, you can submit your application online, in the USPTO website.

Once you have submitted your application, the USPTO then issues your filed trademark as an applicant for federal trademark registration. This is done to notify the public of the trademark that is being evaluated. Moreover, with the trademark being publicized, any individuals or organizations that have objections can contest the application.

There are standard rules which the USPTO follows before it can approve a trademark. Your trademark will most likely get disapproval from their office if it includes:

• Names (first names or surnames) of living individuals. The application may be reconsidered if trademarks with a living individual's name has the person’s permission.
• Terms and signs that mock names of people, institutions, principals or national symbols.
• Distinctive signs of government institutions.
• Names of the late US Presidents. It can be reconsidered if there is permission from the widow.
• The flag of the United States.
• Trademarks which could be viewed as offensive or objectionable are not considered by the USPTO.

Hence, if you wish your trademark to be approved and registered, you need to avoid the above-mentioned items.

If the examiner does not perceive any intolerable markings in your trademark, then he or she will resume with the evaluation. The following criteria are being taken into consideration by the examiner:

• The type of goods or services and how it is described by the applicant.
• The kind of mark. The examiner will have a close look whether the mark is distinct from others.

If a filed trademark does not meet with disagreement or objection from other entities (i.e. it is not contested), it moves to the next stage - the finalization of registration, which may take two to three months to be processed. Once you've obtained a “Certificate of Registration,” you then have the right to use the trademark symbol which denotes that your trademark has been registered. A circle with an R inside ® is the registered trademark symbol.

You will enjoy a registered and protected trademark for a preliminary duration of ten years. To continue enjoying the many benefits of a federal registered trademark, you need to update your registration by your fifth or sixth year.

A lawyer who specializes in federal trademarking procedures is recommended to assist you in your trademark application.

A Trademark Guide for Entrepreneurs - A Trademark Guide for Entrepreneurs provides the information business executives need to know about protecting their most valuable assets - their trade names, trademarks and service marks. In easy-to-follow language, Robert E. Lee explains how to register trademarks and trade names with both state and federal offices, police the marketplace for possible infringers and successfully exploit the marks through assignments, licenses, franchises and joint ventures. Most importantly, A Trademark Guide for Entrepreneurs teaches the corporate officer, director or manager how to select and use effective trademarks that will stand out in over-crowded market areas, thereby increasing market share and profit potential.

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Patent Copyright and Trademark An Intellectual Property Desk Reference (8th Edition) (Paperback (Trade Paper))

Patent Copyright and Trademark An Intellectual Property Desk Reference (8th Edition) (Paperback (Trade Paper)) Patent Copyright and Trademark An Intellectual Property Desk Reference (8th Edition) Written for programmers, publishers, writers, musicians, inventors and others who need to understand the terminology of intellectual property law, this bestseller provides: an overview of patent, copyright, trademark and trade secret law, straightforward explanations of the scope of protection each device offers, clear, concise definitions of the terminology in use with contextual examples, cutting-edge definitions of new terms spawned by the Internet, sample non-disclosure agreements and patent, copyright and trademark forms.

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