Legal Issues Concerning The Trademark Application
Although the application is easy to fill, you may find the online system is more accessible. The things you have to do in order to fill an online application are: getting on the USPTO site and just use the Trademark Electronic Application System. This is more advantageous than the traditional way because paper documents are not handled right away after you fill them and they also cost 50 dollars more.
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.
There are many classifications for trademarks on the USTPO website so make sure you choose the one that suits your business best. They also have an online system if you happen to be confused about the classifications.
Don’t forget to submit your trademark design. You should also add word marks and graphic marks or other proposed marks; just submit photos for this step. You have to pay the $325 fee for any classification you select.
If you plan on having a business that activates beyond the state borders make sure that you choose “interstate commerce”. Interstate commerce approves that your business can legally sell its services or products beyond the state borders. An example of such business would be an online company that sells products all around the world.
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.
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.
Filed under: Business