A trademark is a type of intellectual property right. This is typically a name, phrase, word, symbol, logo, design, image, or a combination of these all. The law considers a trademark as a form of property. The registered owner has the exclusive use of the mark in relation to his/her product/service. The law in most jurisdictions allows the owner of the registered trademark to prevent any unauthorized use of the mark that is related to his/her product/service.
To avoid conflicts, it is highly recommended to search for existing trademarks of a particular jurisdiction (e.g., US Patent and Trademark Office). It is advisable to include the search in databases as these hold names of registered companies and corporations. Be sure that the desired trademark has not already been used.
In the United States, filing a trademark is important to protect the applicant from future infringement activities. A trademark will be issued if it can distinguish the product/service from the others, and it will not deceive costumers into thinking that the product/service they are buying has a relation to a certain brand that has really nothing to do with it.
A trademark can be revoked if it is not actively used for a period of time (normally five years in most jurisdictions). Failure to use the mark may also expose the registration to be liable to the removal of application from the registered list.
This is a step-by-step ways to file for Trademark:
- Know the type of mark which is the most suitable for the product/service.
- The applicant must prove his genuine intent to use the trademark.
- The applicant must provide a clear drawing of his desired mark and its description.
- He must provide the lists of goods and services he provides.
- Pay for filing fee for each class of goods and services.
- The applicant must provide a copy of his profile. Or if it is an organization, the applicant’s legal entity information is required.
- Provide the state or country of incorporation.
After the applicant has filed the desired mark to the US Patent and Trademark Office (USPTO), the bureau will issue a filing receipt. It may also issue an Office Action that requires clarification of the information provided by the applicant. Within six months, the applicant must respond to it, if not, the application will be abandoned.
After the application has passed examination, the bureau will publish the mark in the official list. If the application is not opposed by anyone due to its technicality, the USPTO will issue a registration for a used-based application. Also, notice of allowance will be issued for an intent-to-use application. It generally takes 12 to 18 months for registration to be issued. The application will be reviewed by lawyers after six to nine months of filing.
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