It is increasingly important to register intellectual property in today’s business world. It can be represented by a word, phrase, or logo that indicates the supply of goods or services, according to the copyright trademark system. The Act governs trademark law in the USA, Canada, Australia, and South Africa.
Common law trademark rights can be collected mechanically by a business when it uses a name and logo in commerce. They are also enforceable in state courts. Sometimes, material possession can be protected by copyrights and patents.
The information processing system promotes creativity and innovation by balancing the interests of innovators with the common interest.
Registering a trademark to protect your brand’s identity is an important step. It is easy to register a trademark.
This guide will help you to navigate each step of the process and answer common questions about trademark registration.
What is a trademark?
The Patent and Trademark Office defines a trademark as “a word, phrase or symbol that identifies and differentiates the source of goods of one party from the others.”
How to file a trademark application
The must file your application.
- Name and address of the owner of the mark
- Enter the name that you wish to protect
- The goods and services you wish to register your name for
- Your filing basis is either “in commerce” (if your name is already used in business) or “intent use” (if it hasn’t been started yet).
- A specimen, such as a label, or package showing your name in use if you file based on commerce use. If you file on intent to use basis you will provide this later.
What is Common Law Ownership?
When you sell your product or service, it becomes “common law ownership”. You don’t have to register it formally. Common law rights can only be extended so you need to know more.
Common law ownership has one limitation. Your name is not protected beyond the area in which it is used. However, trademark registrations with the Patent and Trademark Office protect you nationwide. This is particularly important if your plan is to sell products or services beyond your local area.
Common law ownership does not provide much protection in the event that there is a dispute over your name. Federal trademark registration allows you to file a trademark infringement suit in federal court. If you want to have greater protection for your trademark, it is a good idea.
What should you expect after filing?
After you submit your trademark application, it is assigned to an examining lawyer for review. You will receive an Office Action, which explains the problem and gives you six months to reply. Your application will be rejected if you don’t respond within the given deadline.
Your trademark application will be published in the Trademark Official Gazette if it meets all requirements. This allows others to object. You may need legal help to prevail if there is opposition.
Why register a trademark name or logo?
One of the most exciting aspects of starting a business is creating a unique business name. It is important to register your trademark for this name as it will be a key part of your brand.
Registering a trademark grants you the exclusive right to identify your product/service with that name. It also informs everyone that it is your trademark and prevents others from using it.
What happens after registration is complete?
Your mark will be registered if it is approved on the basis of use in commerce and you have resolved any opposition. If your application is approved on the basis of intent to use, you will receive a Notice Of Allowance. This means that your mark has been granted but not officially registered.
Once your registration is complete you can start using the registered trademark symbol (r) next to your name. It is your responsibility to enforce your trademark rights. It is important to keep an eye on your trademark and take action if someone infringes it.
Do I need to search for a Trademark Name?
A trademark search is a valuable first step. It can help you avoid potential trademark problems before your file an application or invest money in your business.
The USPTO maintains a large database of trademarks registered and pending applications. You can perform a basic search to find trademarks matching yours. A search result can indicate a possible denial, based on confusion with an existing trademark.
To find names similar or identical to your proposed trademark name, a more thorough search uses other platforms like state trademark databases, business directories, the internet, and online. A trademark name search can help to avoid potential legal and marketing problems down the line.
What are the Most Common Reasons Trademarks Are Rejected?
You need to be familiar with the following key facts in order to avoid any delays in trademark registration.
Trademark registration for non-business purposes is not possible. A brand name you use in business or intend to use in the near future can be trademarked only.
A generic or descriptive name cannot be registered. To be approved, your trademark name must be unique and distinctive in some way.
A name cannot cause confusion among consumers. If your name is similar to another registered trademark or one that’s in process, this can occur. Consumers can be confused if similar marks are used for related goods or services and believe they came from the same source.
Every trademark application must state the type of goods and services for which the trademark will be used.
What can be trademarked?
Many of the things you use to differentiate your business from others can be trademarked. A trademark could be for:
* Please enter your business name
* A product name
* Add your logo or label
* A symbol or design
* A sound
* A product package
How do you protect a trademark?
Registering your trademark with the U.S. Patent and Trademark Office will not grant you trademark protection. Trademark protection is obtained by using your mark in commerce to identify your business’s source of goods and services.
Any of the following types can be applied to a mark:
* Common law trademark protection. Common law trademark protection may be available to you if your mark has been used but not registered. If you can prove that your mark was used first, you may be able to stop others from using it. However, your trademark rights could be limited to the geographical areas in which you conduct business.
* State trademark protection. A trademark may have been filed with the state in which your business is situated. While this will protect your trademark in the state where you are located, it does not provide nationwide protection.
* Federal trademark protection. The USPTO can register your trademark. You can register your trademark with the USPTO to get nationwide protection. It also establishes when you first used the mark and provides you other benefits.
What is the difference between Copyright and Patent in Trademarks?
Copyrights, patents, trademarks, and trademarks protect your intellectual property rights. Each protects a different kind of property.
Copyright. Copyright. Copyright covers your rights to reproduce, perform and distribute your work, or create works that are based on it. Copyright protects your work from the moment it is created. However, you can register it with U.S. Copyright Office.
Patent. The patent protects an invention. A patent gives you the right to sell and make your invention, but only for a certain period of time. This depends on which type of patent you have. You must file your patent application to get this right. To obtain a patent, you must apply to USPTO.