Posted by Admin on November, 16, 2010
There exist several small business owners that seek Trademark Registration to ensure that no one else can profit on their name or logo. However, these small business owners are not well-acquainted with the process of Trademark Registration. To address this problem, the following procedure can be adopted by any business owner to register a trademark.
Understanding The Procedure
The primary step in Trademark Registration is to gain understanding of what it entails to "register a trademark." Firstly, you must file an application with the United States Patent and Trademark Office (www.uspto.gov), often called the USPTO. United States Patent and Trademark Office is the U.S. government office that is responsible for issuing federal trademarks. A trademark only achieves the status of being a registered trademark once it has been approved by the USPTO.
Search Of Unique Trademark
The next step comprises the search for a unique trademark that is not similar to any other trademark. Prior to finding trademark application with the USPTO, you should carry out a thorough trademark search in order to ensure that no one else has filed the same or similar trademark. This can be done by looking up the USPTO where you have the option to select and search in the "Search TM database."
When you get to the homepage, select "Trademarks" from the menu on the left hand side and then select "Search TM database." This can be further made feasible with the help of an experienced trademark attorney. One needs to be extremely cautious in the selection of a trademark that does not match with one that already exists.
Once it has been finalized that a trademark same or similar to yours does not exist, you can complete an application for your trademark online at the USPTO. On arriving at the homepage of the website, you need to select "Trademarks" from the menu and then select "File Online Forms." The next few steps include that you follow the detailed instructions provided on the electronic application.
But here again, even though the online trademark application form can be filled by oneself, there are several technical and legal requirements hidden in the application. Therefore, hiring an experienced trademark attorney can assist you in drafting the application properly. The filing fee for the trademark application is non-refundable. Again, if the application form is completed incorrectly, the trademark could be denied registration. In such a case, you stand to loose the non-refundable filing fee and also any priority on your trademark.
Track Submitted Application
Filing your application constitutes only the initial step in acquiring a trademark. The trademark application after submission has to be reviewed and approved by a U.S. government attorney. In case, the Trademark Examining Attorney has any questions or requires any clarifications on your trademark application, the attorney will issue an "Office Action" on your trademark application.
When an Office Action is issued, you will be given a time span of six months from the date of issuance to respond. In case, you fail to respond, your application will be taken as abandoned. Following this, you will have lost your filing fee and any priority established on the trademark. Therefore, it is very crucial to keep track of the application form after submission in the USPTO website every two months in order to ensure that you do not need to respond to any Office Actions.
Trademark Registration Granted
Approximately 8-12 months following the initial filing of your trademark application, after the U.S. Government endorses your trademark application, you will be the proud recipient of the trademark registration certificate. This trademark registration certificate will arrive in the mail from the United States Patent and Trademark Office and will include instructions on the requirements to keep your trademark registration active.
Therefore, though the U.S. trademark registration process can be accomplished by the common man, but the assistance of an experienced attorney makes the whole procedure of searching a unique trademark and applying easier.
This entry was posted on November, 16, 2010 at 14 : 22 pm and is filed under Trademark Services. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response from your own site.