Register Trademark Online

The geographic limitations of an unregistered mark can make it difficult to expand a business. In addition, registration of a trademark customarily gives the person holding the registered trademark a leg up in court as to the validity of the mark and the date of usage in later trademark infringement litigation, if it comes to that. Finally, once a trademark is accepted by the USPTO, it should be maintained in the USPTO database, which can discourage others from using the mark in the future. General benefits to registering a mark: Nationwide protection Presumed right to the exclusive use of the mark nationwide Presumed validity of the mark in a lawsuit Additional remedies in court May increase the value of the company You can record the mark with the U. Customs and Border Protection, which may help stop importation of infringing or counterfeit goods into the U. The right to use the ® symbol Please also read WHAT YOU MUST KNOW BEFORE USING THIS WEBSITE.  What about my slogan, do companies usually register that?

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You can search through the U. Acceptable Identification of Goods and Services Manual by searching for any relevant keywords related to your trademark. In some cases, you may not find anything on the U. Acceptable Identification of Goods and Services Manual website, but there could still be a similar trademark being applied for through the Trademark Electronic Application System (TEAS). Check to see if any existing companies, brands, or people have a high percentage of being confused with your business mark. If so, you will need to rethink your trademark. It's important to remember that you're not just checking for businesses or people with the same name or trademark as yours, but also those who are similar. Intent to Use Before applying for a trademark, you need to know how your businesses will use the mark. There are two options available: Commerce Intent to use Using a trademark in commerce is straightforward enough. It means using the mark in sales, signage, advertising, and other business activities.

 What is a trademark and what does it do?  One way to understand a trademark is that it is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of another party. A "service" mark distinguishes the source of a service, rather than a good, but the two are typically simply referred to as a "trademark" or "mark". In more general terms, getting a trademark protects a brand. Many of the well-known brands, logos and slogans you love, know and trust have been registered with the United States Patent and Trademark Office. Generally, the registration of a trademark entitles the registrant to a presumption of ownership of the brand on a national level and a presumed right to use the brand nationwide. It may help prevent someone from registering a confusingly similar mark later and may also help the registrant bring a case in federal court if someone infringes on the brand. Once registered, a registrant can typically start using the ® symbol after the name, logo or slogan.

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 If investing heavily in a marketing campaign with a slogan, a company might consider registering a slogan as well. Short catch phrases or sayings that are sold as part of merchandise (like shirts or hats) can also be registered. The same rules apply that are applicable to picking and registering a company name. Namely, the slogan should be inherently distinctive and creative or have developed a secondary meaning. In other words, "really good pizza" probably can't be trademarked unless that saying has become so famous that most consumers associate it with a certain pizza brand.  What information will I need?  The whole process will usually take anywhere from 5 to 10 minutes on the Trademark Engine website. For a typical application, be prepared to provide at least the following: The actual mark you want to use. The full legal name and address of the owner of the mark. A copy of the specimen which is an example that shows you are using the mark in commerce. This could be a picture of your product or a website advertising your service.

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To register a trademark you should navigate to the U. S. Patent and Trademark Office's website & allows you to check whether has registered trademark by the name 3 min read 1. Register a Trademark 2. What is a Trademark? 3. The Process for Registering a Trademark 4. Identifying Similar Trademarks 5. Intent to Use 6. Applying for Federal Registration 7. Maintaining Federal Trademark Registration 8. The United States Patent and Trademark Office (USPTO) Register a Trademark To register a trademark, you should navigate to the U. Patent and Trademark Office's website. Doing so will allow you to check whether someone else has already registered a trademark by the same name. Most businesses can file a trademark application online in less than 90 minutes, but some choose to consult a lawyer to make sure all their bases are covered. Registering your trademark online costs between $275 and $325. It requires information related to the trademark's category, the date of the trademark's first commercial use, and any design components.

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Intent to use is a basis for filing the trademark. It suggests that the service or product is almost market-ready. Filing an intent to use trademark requires an extra form and fee. Applying for Federal Registration Deciding if you should register your trademark is the first step in any trademark registration. Having a registered trademark means that you can file a lawsuit against anyone who uses your mark without permission. Maintaining Federal Trademark Registration To maintain your trademark registration, you must adhere to the required steps after your application is approved. The United States Patent and Trademark Office (USPTO) The United States Patent and Trademark Office (USPTO) is the entity responsible for registering and enforcing a person's rights as a trademark holder. The USPTO is also an invaluable resource for gathering information, asking questions, and checking the trademark registry. If you need help with registering a trademark, you can post your legal need on UpCounsel's marketplace.

After a mark is properly registered and used for a five-year period, Trademark Engine can also help file a "Declaration of Incontestability. " Considered by some the greatest protection under U. S. trademark law, this may help prevent others from contesting a trademark on the following grounds: (1) the mark is not inherently distinctive; (2) it is confusingly similar to another mark that someone else began using first; or (3) the mark is simply functional as opposed to identifying the source of the goods or services. Please also read WHAT YOU MUST KNOW BEFORE USING THIS WEBSITE.  What is a common law trademark and why bother to register a mark?  Under U. law, a "common law trademark" is generally established when someone uses a company name, logo or slogan in commerce, even if it is not registered. So, why pay to register a trademark when a common law trademark may already exist? Common law rights ordinarily are limited to the geographic area where the mark is used as opposed to the nationwide protection customarily obtained when a mark is registered with the USPTO.

Register a trademark online

It's important not to designate a specific design to your trademark if you want to enjoy the broadest level of protection. After filing the trademark application, you should receive a response within six months. What is a Trademark? A trademark is a brand name, logo, or slogan that identifies goods or services, and distinguishes a business from competitors. A registered trademark can be renewed every 10 years for a renewal fee to offer the trademark owner continuous protection. The Process for Registering a Trademark Make sure you get the trademark right from the start, so you won't confuse it with any patent or copyrighted work. Your trademark can be a design, sign, expression, or sound that represents your business, brand, or product. You will need to choose from three formats for business trademarks: The standard character mark A stylized/design mark A sound mark Standard character trademarks can combine any words, numbers, or letters without giving any thought to style or font. For example, a standard character mark would include a business name.

So, unless registered, the use of a mark can be geographically limited, which hampers the ability to expand the brand. On the other hand, a person using a mark in a limited geographic area could be boxed in by someone else who offensively registers a similar mark. In addition, registration of a trademark can give the person holding the registered trademark a leg up in court as to the validity of the mark and the date of usage in later trademark infringement litigation, if it comes to that. There are also favorable remedies available to registered trademark owners in the event of litigation. Finally, once a trademark is accepted by the USPTO, it will be maintained in the USPTO database, which can discourage others from using the mark in the future. Future companies should be on notice that the mark is already spoken for, which should in turn help avoid at least some disputes.  Should companies trademark their name or logo?  There may be advantages to registering both a name and an associated logo.

 We have researched availability for more than 150, 000 brands and verified that they met all requirements to trademark them. Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent. With our unique fee calculator you can determine where you want to register based on your budget. Choose your country or jurisdiction Register your trademark online? t You can register a trademark by having it being added to the brand register. For that to happen, a brand needs to comply with several demands, otherwise no trademark right will be granted. Registering your trademark is important in any phase a company finds itself in. There is no ideal moment, but companies increasingly decide to register during the launch. The trademark registration procedure for brands internationally has 6 steps, which are: Research into older registrations; Determine classification; Apply trademark in the Benelux, the EU or worldwide; Assessing absolute grounds and formal requirements;Assessing absolute grounds and formal requirements; Legal objection period; Registering the trademark into the trademark register.

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