Filing a trademark application is quite easy. However, the online process of filing is more convenient. You can use the TEAS (Trademark Electronic Application System) after logging into the USPTO (United States Patent and Trademark Office) website. Application in paper forms is not quickly processed and costs 50 dollars or more.
A trademark refers to a symbol, name, or other means of product identification. It has official registration and restricted legally on the manufacturer or owners for use. This is necessary in preventing others to use the same or identical marks. A trademark is abbreviated as or 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.
You must also state the classification where the mark is going to be registered. There are about forty classifications for services and goods. The USPTO online help provides you with information in finding the right classification for your trademark.
Moreover, you must accompany your applications with: trademark drawings (word marks: simply encode the words; graphic marks: include graphic images or photo files); proposed mark samples of its usage; and online registration of 325 dollars per classification.
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 the USPTO considers your trademark eligible for government registration, they will publish it their official publication. The "Official Gazette" will state that your trademark is an eligible candidate for federal registration. This will give a chance for the existing owners of various trademarks to object. If somebody objects, a hearing will be scheduled by the USPTO to resolve disputes. If nobody objects, you must receive a USPTO response within one year. The processing of your trademark application can last for one year or more. It also depends on the raised legal issues and basis for application during the examination process.
Maintaining the legal status of your trademark is another business. You should always renew the application if you want to receive more rights. If you don't renew the application, your trademark could be canceled and you could lose all the rights. It is very important to know all these aspects and other aspects regarding trademarks before you start.
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