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A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Owner of trademark has exclusive rights to use their mark in relation to the categories they are registered in. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.
Trademark registration provides rights that can be enforced in federal court and warns potential infringers of your legal standing. Trademark registration can also be rendered "incontestable" by filing a Section 15 declaration.
An attorney with expertise in trademark registration can assist in classifying and filing application documents relevant to your products and services, along with filling them in with specific brand information.
A trademark is a unique symbol, word(s), or design that distinguishes. And identifies your products or services from those other companies offer. When used correctly, trademarks can create brand recognition and customer loyalty. And protect them from competitors using similar marks to mislead consumers. Trademarks remain valid as long as proper paperwork and fees are kept up-to-date, unlike patents which expire every 20 years.
Registered trademarks provide several exclusive rights. It's such as stopping others from using similar marks on similar products or services. They can help prevent counterfeiting by making identifying genuine goods from imitations easier.
Once a trademark has been registered, its symbol can be used with either the "TM" (trademark) or "SM" (service mark) to indicate ownership by the company. And inform consumers that its mark is being used with the goods or services in question. Furthermore, companies can register the symbol with the Patent and Trademark Office to gain nationwide rights associated with registering that symbol.
Applicants seeking to register trademarks must present specimens of the mark used commercially. It's typically a sample product and image for consideration by an examining attorney. In certain instances, this process may result in objections being raised against or refusal from registration due to various factors. If approved, an opposition period of 30 days allows third parties to file opposition proceedings against it.
If the mark passes an opposition proceeding, an examining attorney will issue a notice of allowance. And then federal registration of its mark. To maintain its registration status, companies must show evidence that their mark is being used commercially by filing a Section 8 declaration--an affidavit--between the fifth and sixth anniversary of its initial registration date. They must also provide a specimen yearly after registration and every ten years afterward.
Trademark registration provides several advantages. First, it creates the presumption that your mark is valid. And it protects it against anyone using similar marks in similar manners. Second, registration provides nationwide protection - something unregistered trademarks do not. Thirdly, should an infringer lose an infringement case, registration makes awarding damages. And attorney's fees are more straightforward for courts to dole out.
Trademark application requirements involve the following:
Applicants should consult the Trademark ID Manual to identify what classes of goods and services may apply to their application. And select an appropriate filing basis to reduce costs associated with applying.
Trademark applications must be filed with the Patent and Trademark Office with an accurate drawing of your mark. And a list of goods or services to which it applies. It may also be necessary to submit a specimen of your mark. Good examples of goods include packaging labels. Advertising or promotional materials featuring your service mark would qualify as such specimens.
Suppose the examining attorney does not raise any objections to registration, or you successfully overcome them. In that case, they will publish your mark in the Official Gazette and allow third parties 30 days from its publication to file oppositions to its registration. These opposition proceedings take place before this panel of hearing officers.
At the time of application, an intent-to-use trademark does not require you to use the mark in commerce at that moment. However, if needed, you must demonstrate a genuine intent to use it as part of commerce in a subsequent infringement suit brought against another registrant who believes your mark is too descriptive. Or likely to confuse customers with theirs.
If you have chosen an eye-catching name or created an eye-catching logo for your business' products and services. Trademark protection can ensure only you have the right to use them. Working with an experienced attorney throughout this process is highly recommended.
First, you can search for your proposed mark or similar in the registered names. This step can be critical if the authority decides that your mark too closely resembles or describes similar goods/services to those already registered.
Once your trademark research is complete, applying should be straightforward. Filing online with either can make this easier. It requires answering several questions about your business and mark. Plus is particularly advantageous as it enables a custom list of goods/services your company offers to ensure no overlap exists with existing registered marks.
Once your application has been filed, an examining officer will review it to ensure it complies with the requirements outlined in the Trademark Manual of Examination Procedure. And that your mark is sufficiently descriptive of goods or services to be registered.
Suppose your mark passes the review by an examining attorney. In that case, it will be published in the Official Gazette with an (r) symbol following it - this serves as public notice that your mark is active. And can help defend you against infringement claims by others. Furthermore, registration gives you access to foreign trademark protection systems based on domestic registration.
Trademark registration costs depend on the nature and number of classes that your trademark covers. Please contact us to discuss the details more clearly.
Once the authority approves your trademark registration application, they will send a Notice of Allowance with six months to submit a Statement of Use, use your circle R symbol, and reap its advantages as a registered trademark.
For your trademark registration to remain active, filing an annual Declaration of Use/Excusable Nonuse and Renewal Application with the relevant authorities is crucial to its maintenance. Please do so to avoid losing rights associated with it and an associated mark. This is a nominal fee; failure will cause irreparable harm.
Trademarks differ from patents because they can continue indefinitely if the owner continues using them on goods and services. In contrast, registration may become vulnerable if not used or abandoned - making registration an essential step in building your company brand and identity in the marketplace.