Trademark Registration - The Application Process
By Business Editor
If you're one of those businesses that has not submitted a trademark application yet, you should be aware that you may encounter some challenges and difficulties later on, especially if your competitors have trademarks on their products or business ...
Starting a business, especially a large scale enterprise, entails a lot of requirements that the owners or proprietors must be able to meet. This includes local business permits, state requirements and all other forms of paperwork deemed necessary to organizing a business. If you're thinking of starting a business, then why not register a trademark?
A trademark is considered an intellectual property either for a business or an individual. If you want to keep your mark, the best way is to trademark it. And when you're talking about trademarks, you need to be patient.
You shouldn't start a business if you're not confident that it will succeed. Therefore, you've most likely gone and done extensive research and study before coming up with such an idea. And if your business is already on its way to the top, you will most likely want to apply for a trademark and that can be in the form of a logo, brand or whatever.
Securing a trademark is not that difficult. You can go to the USPTO (U.S. Patents and Trademark Office) office, or you can log on to their website (USPTO) to get the necessary information that you need in applying for a trademark. The application process is very simple, but it can take time. You really need to exercise patience when applying for a trademark.
Technically, the entire process is not that complicated. First, you must make a thorough search online to check that there's no existing trademark similar or identical to yours. It would be best to hire professional help in the form of a trademark lawyer to help you in your search. The next step is to fill out application forms and file your application online. Usually, the patent and trademark office will designate an attorney for your application. The attorney will then either approve or reject your application. He/she will let you clarify through correspondence if there are unclear aspects in your application. The USPTO is an agency of the government, so you can expect a lag time.
You should be aware that it isn't mandatory to register a trademark. However, those that do have registered trademarks have a significant advantage over those businesses that don't have one. Why? If you have a registered trademark, people will immediately be aware of it, as well as your competitors. No one will interfere with your business or try to confuse your customers because you can file a court action against any business or person who attempts to infringe your name. Your business is protected, your name is individualized and you can experience greater peace of mind if you have a registered trademark.
Confusion among businesses is a usual occurrence. However, if your products and services are registered, there is no need to worry. You can use the symbol '®' ('circle R') to establish your brand identity and exercise exclusive rights within your industry and throughout the country.
Once you've filed your application, you will wait for about two months before you receive a reply from the USPTO confirming that your application has been received by the office. After that, you will not hear anything from the office for at least six months or more. The application can seem to take forever. Once you receive another correspondence stating that your application has been accepted, you will have to wait again for another month or so before it is published and becomes approved. However, if the office needs clarification, be sure to send it within 30-60 days. After that, you have to wait for another two to four months. Most registered trademark applications take over a year. If you're lucky, your application may be approved in less than one year.
So if you have an outstanding trademark application, don’t worry if you haven't received any correspondence from the USPTO, it's an SOP of the office. In the meantime, you can continue your business while you're waiting for the application to be approved. Remember, if you want to have an edge in your chosen industry, have a registered trademark.
If you're one of those businesses that has not submitted a trademark application yet, you should be aware that you may encounter some challenges and difficulties later on, especially if your competitors have trademarks on their products or business. So why wait for it to come? Secure an application today and legally protect your intellectual property.
Next article: About Trademarking And The Trademark Office
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Recommended Trademarking Resources
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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For more information about Trademarking-related resources, see our Business resources section, subscribe to our Business Newsletter containing news, updates and insider tips, or go to more articles about Registered Trademark.
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