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| Legal Issues Concerning The Trademark Application |
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| Written by Rex Stevenson |
| Wednesday, 03 September 2008 09:24 |
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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. The steps when filling an application online are very easy: first you need to find the USPTO site and log into it, then you should find "Trademarks" in the menu and choose the "FILE online" option. This process is free from ambiguity and can be done by anyone. You also have to write the exact date when you first used your mark, describe it, and make a presentation of your products or services which will be using that mark. Also, don't forget to choose a field for your mark. These are various classifications, but they have a help system so you shouldn't worry about not finding the right field for you trademark. When registering your trademark, you need to add: graphic representations of your trademark or other design samples proposed. Of course, don't forget about the registration fee which is 325 dollars for each of the classifications. Before being accepted, the trademark has to meet certain requirements. In order to register with the USPTO you have to choose your trademark as "interstate commerce", meaning that you will sell your products or services outside the sate borders. I will give you an example: an online business which can be used by anyone in the world is an interstate commerce. If your trademark is accepted by the USTPO you will find out from the "Official Gazette", this process is making it a worthy of choice candidate for the federal registration. At this point, any owners of trademarks can object, if anyone does that they will start a preliminary examination where you can solve any dispute. However, if there are no objections to your trademark, you will receive a response in about one year but it can also last more than one year. The delay depends on any legal problems that may occur during the procedure. To maintain your trademark status, you should file a statement to use the trademark continuously or renew your application. In this way, you can acquire additional rights especially if incontestability statement is filed. Keep in mind that the USPTO will not notify you if your statements are due. Your federal registration is ten canceled once you fail to renew or pass a statement. Make sure that you understand all the terms and conditions upon your registration. About the Author: Your Trademark Law provides an in depth guide to protecting your intellectual property. And, right now, you can also get started with a Free 5 Day Course on how to register a trademark. Kindly provided by MoneyHunter.org You are welcome to use this article on your own website, if you include the link just before this text. |
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