Trademark Application: Learning About Legal Matters
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by: RexStevenson
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A trademark is a sort of signature for a certain company or a product, but it has been registered and cannot be copied and used by anyone than its owner. It's very important that we teach people to use their own original trademarks and don't copy other trademarks. The abbreviation used for a trademark is TM.
If you want to fill an online application go on the USPTO website. There, choose the category "Trademarks", on the next screen just click on "FILE online". This is a very easy and direct process so there is no need to worry about mistakes. Another important thing that should be done properly is writing the date when you first used your product name or design, make a short description of your business and products, and, of course, describe the trademark that you will be using.
Also, don't forget to choose a field for your mark. These are various classifications, but they have a help system so you shouldn't worry about not finding the right field for you trademark.
When registering your trademark, you need to add: graphic representations of your trademark or other design samples proposed. Of course, don't forget about the registration fee which is 325 dollars for each of the classifications.
There are also qualifications to meet before your trademark can qualify for a federal registration. First, use your trademark as an "interstate commerce" to register with the USPTO. It means that your trademark is intended for services or products which crosses national, territorial, or state borders, or directly affects commerce which crosses in those lines. Take for instance; a motel, a restaurant, or an internet business which caters to international or interstate customers.
When you have been approved by the USTPO they will make a notification in the official publication called Official Gazette. The notification will approve that your trademark is qualified for the next registration steps. If someone thinks that you have stolen the trademark or finds any reasons not to be registered they can object and you will begin an examination where your trademark will be discussed by both parts. If nobody objects, however, you should wait for a response. The response usually comes in approximately one year. But this depends mostly on any legal matters that may show up during the registration process.
If you want to keep the trademark's legal character you have to file another document where you state that you will use your trademark. This is a very good way to obtain more rights. Also, you need to be aware of the fact that the USPTO has no responsibility to inform you about the statements. Also, the federal registration can be terminated if you don't replace your statements. Before starting the registration process, ensure that you have understood all the legal conditions.
About the Author
Your Trademark Law provides an in depth guide to protecting your intellectual property. And, right now, you can also get started with a Free 5 Day Course on how to register a trademark.
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