Vital Highlights About The US Trademark Registration Procedure
The Online trademark registration process of the United States is possibly the most complex processes. It is known that all the little tricks to register your US trademark fast with the lowest risk of getting a complex protest. With the huge number of forms to navigate, you can trust the experience of Trademark 411 for your US trademark filing requirements.
Vital highlights about the US trademark registration procedure:
- Your trademark is evaluated on complete and relative grounds and it can be refused if there is a similar mark or if the mark is deceptive or descriptive.
- There is a Supplemental Register in the US so if your trademark is expressive or a common surname you can still register it.
- Trademarks on the Supplemental Register will not enable you to get in the Brand Registry.
- Objections are very universal. The most excellent way to reduce one is to do an appropriate search and file an application without any errors.
- You need to present proof of use for your products/services before your trademark registers; but, you can file a trademark based on an intent-to-use basis.
- Opposition period is just 30 days.
- Trademark registration procedure is about 9-11 months if everything goes perfect.
- Trademark registration procedure often takes a much longer time particularly if an objection is received or if applicant is not capable to file a Statement of use in time.
The U.S. Patent and Trademark Office (USPTO) website is the first place you should search for when you are all set to learn more about how to search trademarks. Their site has a perfect overview on trademark basics, with details on what you need to know about the trademark application and filing procedure, and what necessities are expected of people applying for trademarks.
For instance, if you are a foreign-domiciled person, you are necessary to recruit a U.S.-licensed attorney to signify you in the trademark registration application procedure. If you are a U.S.-domiciled trademark applicant, you are not needed to use a legal representative, but the application procedure is complicated and the USPTO strongly supports applicants to get professional assistance from a lawyer specializing in trademark law.
Your trademark also desires to meet a few necessities: it should be federally registrable, your trademarked services and goods should be appropriately identifiable, and you should select an appropriate filing basis for your application. There are a range of deadlines that should be met, and different legal and technical terminology that must be unspoken. These are all good reasons why you may want to employ a trademark attorney to help guide you via the application process.
The USPTO has a trademark search tool, known as the Trademark Electronic Search System where people can search for existing trademarks and pending applications. The TESS tool is open to the public and free to use, and it is a first step in making sure your idea for a trademark has not been taken already.
Even if you are not a lawyer or have not yet hired one, the USPTO website and TESS search tool are a perfect place to start your trademark search to assist you understand the application process and know your options.
