How to file a trademark online




















Registering a trademark can take anywhere from several months to a couple of years. Increase the chances that your registration will go quickly and smoothly with these tips. Whether or not you need a trademark attorney depends on your situation, though keep in mind that making sure your registration is done right the first time could actually save you time and money. Your trademark application will need to include the following information.

Owner of the Mark and Contact Information If your business is a formal legal entity such as a corporation or LLC , the name of the owner is the business name. Type of Mark There are three types of mark formats.

You must choose only one of the following formats: Standard character format. Use this format to register words, letters or numbers, or combinations thereof, without any particular font or formatting. A standard character format trademark allows you to use your trademark in any style or design. Special character format.

Use this format if your mark has a design element or particular stylized words, letters or numbers that you want to protect. A sound mark. A Drawing and Specimen The trademark application asks for a drawing of your mark and a specimen of your mark. Drawing A drawing of your mark is a visual depiction of what your mark looks like, by itself, without anything else around it and without it being attached to a product.

Specimen A specimen of your mark shows how you use the mark in connection with your goods or services. Identifying your goods or services You must accurately identify the goods or services associated with your mark. Your application must also describe the goods or services.

If you only offer your goods or services within one state, you can still file for this type of trademark. Intent to Use Section 1 b. Use this filing basis if you plan to use your mark in commerce within the next three or four years.

You will need to begin using the trademark and provide a specimen before it can be registered. Foreign application exists for the same goods or services Section 44 d. When purchasing either of these products, consumers will expect a certain quality and taste. The consumer trusts that he is purchasing the product from the same company as last time. The more distinctive, unusual or unique a mark is, the more protectable it is.

For example, the generic terms such as "tissues" and "soda" are not unusual enough to be trademarked and protected. These are the common names consumers use when asking for unspecific products rather than brands. However, brands of tissues such as "Kleenex" are protectable. Legally registering a trademark with an attorney can cost hundreds, or even thousands, of dollars.

However, there are dependable companies online that can assist in getting a trademark set up for much less. Be sure to research the law firm or company you intend to work with to make sure they are dependable. Obtaining a trademark for your product or service will allow you several benefits, including being able to claim legal ownership of your trademark, obtaining registration of the same trademark in foreign countries, and filing with U.

Customs Service to prevent importation of foreign goods which may infringe on your trademark. It can be crucial to successfully protecting your business or product. Select any 2 Trademark Registration Services to compare them head to head.

Intellectual property is valuable both physically and virtually. Brands, and their legal teams, are playing catch-up. Rivian has filed a new trademark for its brand in a new category that signals a move to make electric bikes. At Electrek, we report on everything that has a battery and can help you move from point A The U. Patent and Trademark Office USPTO today announced in an unpublished Federal Register Notice that it has established an administrative process for investigating submissions filed with the Since you're interested in Trademark Registration Services, here are some other reviews you might find interesting.

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Top Reviews. Top Consumer Reviews. Is This It? How About This? Search Results. Home Trademark Registration Services Full. The Best Trademark Registration Services. The 7 Best Trademark Registration Services. Legal Zoom. Tradmark Center. My Corporation. Trademark Factory. Trademark Express. Rocket Lawyer. Receiving a notice of allowance is another step on the way to registration. Notices of allowance are only issued for applications that have a filing basis of intent to use a mark in commerce under Trademark Act Section 1 b.

The applicant has six months from the mailing date of the notice of allowance in which to either file a statement of use SOU or file an extension request.

More than one extension request may be filed, but a limit exists on the total number of extension requests permitted and the timeframe that they must be submitted within. Please review the additional information for the SOU use and extension request processes. Watch the Statement of Use video for more information about submitting a statement of use.

To continue the application process, the applicant must file a petition to revive the application within two months of the abandonment date. Watch the Petitions video for more information about how to revive an abandoned application. A statement of use SOU must meet minimum filing requirements before an examining attorney fully reviews it. If the SOU does meet the minimum filing requirements, then the examining attorney reviews it to determine whether it is acceptable to permit registration.

Submission of an SOU does not guarantee registration. If no refusals or additional requirements are identified, the examining attorney approves the SOU. This is the same process that occurs prior to publication of the mark if the examining attorney determines that legal requirements must be met.

The process and timeframes remain the same, except that if issues are ultimately resolved and the statement of use is approved, the USPTO issues a registration within approximately two months. If all issues are not resolved, the application will abandon. If your response does not overcome all objections, the examining attorney will issue a final refusal office action.

If you disagree with the final refusal, you may, for an additional fee, appeal the decision to the TTAB. To keep the registration "live," the registrant must file specific maintenance documents. If your registration is cancelled or expired, your only option is to file a brand new application and begin the entire process again from the very beginning.

The fact that your mark was previously registered does not guarantee registration when you submit a new application. Watch the Post-Registration Issues video for more information about specific registration maintenance documents that must be filed. Even if your mark registers, you should monitor the status of your registration on an annual basis through the Trademark Status and Document Retrieval TSDR system. It is particularly important to check the status of your registration after you make any of the filings required to keep your registration alive including between the fifth and sixth year after the registration date and between the ninth and tenth year after the registration date.

It is critical that you maintain and update your address, including your email address. You are responsible for enforcing your rights if you receive a registration, because the USPTO does not "police" the use of marks. If a right holder suspects that a registered mark is being infringed upon or may be subject to future infringement, the registered mark can be recorded with U.

Apply for UM registration with eUMfile. Create more value for your goods and services, apply for TM registration with eTMfile. Certify ownership of your creation. Deposit your copyrighted work.



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