1. Is a trademark application right for you?

Trademarks, patents, copyrights, domain names and business name registrations are all different, so it is important to understand whether a trademark is right for you.

Trademarks generally protect brand names and logos used on goods and services. Patents protect inventions. Copyrights protect original artistic or literary works. For example, if you invented a new type of vacuum cleaner, you would apply for a patent to protect the invention. .You will apply to register a trademark to protect the brand name of your vacuum cleaner. You may register copyright for television commercials used to market the product.

A domain name is a web address that links to the Internet Protocol address (IP address) of a specific website. part. For example, at the URL "http://www.xxx.gov," the domain name is "uspto.gov." You register your domain name through an accredited domain name registrar, not through the USPTO. Domain names and trademarks are different. A trademark identifies goods or services as coming from a particular source. Use of a domain name solely as part of a web address does not qualify as source code use of a trademark, but other significant uses other than web addresses may qualify as trademark uses. Domain Name Registrars Domain Name Registrars Do Not Provide any trademark rights you have. For example, even if you register a domain name with a domain name registrar, you may be required to surrender if it infringes on someone else's trademark rights.

Likewise, using a business name does not necessarily comply with the trademark purposes, but using a business name as a source of goods or services may treat it as a trade name and trademark. Many states and local jurisdictions register a business name as part of obtaining a business certificate or a presumption of name application. For example, when you will be conducting business of states, you can file documents (usually with a state corporation or a state division of a corporation) to form a business entity, such as a corporation or LLC.

For more information about whether a trademark is right for you, watch the title Animated video for "Basic Facts: Trademarks, Patents, and Copyrights," part of the Basic Facts video series about trademarks.

2. Preparing the Application

Select Tags

Once you have determined that the type of protection you need is, in fact, trademark protection, choosing a trademark is the first step in the entire application process. This must be well thought out, as not every trademark can be registered through the USPTO. Every trademark in are not protected by law, that is, some trademarks may not serve as the basis for legal claims by owners seeking to prevent others from using similar marks in connection with related goods or services. Businesses and individuals who are unfamiliar with trademarks and the application registration process often Select marks for their products or services, which may be difficult or even impossible to register and protect for various reasons. Before filing a trademark/service mark application, you should consider:

1. The trademark you want to register whether it is registrable, and

2. How difficult it is to protect the mark depending on the strength of the chosen mark.

Note in this regard that the USPTO only registers a mark. As the trademark owner, you have full rights Responsible for Enforcement.

For more information about choosing a protectable trademark, watch this animated video titled "Basic Facts: Choosing a Trademark," part of the Basic Facts About Trademarks video series.

Markup format

You must identify your markup format: standard character markup, stylized/design markup, or sound markup.

Identification of goods or services

You must clearly identify the exact goods and/or services to which the mark applies.

Search

Always search the USPTO database to determine if anyone has filed a federal registration for similar related goods. /Wording of Services/Trademark Rights in Design.

Basis for Filing

Before submitting an application, you must know the "basis" of the application.

Trademark Attorney People

Since all of the above are very important, you should consider whether to hire a business

A trademark lawyer will help you complete these steps and the entire application process.

3. Prepare and submit the application

Trademark application

Submit the application online through the trademark electronic application system .View trademark fee information.

Note: This application fee is a processing fee. Not all applications will result in registration. Even if there are no registration issues, your fee will not be refunded. You can change it at any time during the application and registration process All information submitted to the USPTO will become a public record, including your name, phone number, email address, and street address.

Monitor application status

throughout the process , you should monitor the progress of your application through the Trademark Status and Document Retrieval (TSDR) system. It is important to check the status of your application within 3-4 months after you first submit it, otherwise you may miss the application deadline. Check out about checking Status of additional information to ensure you understand this important step throughout the registration process.

Applicant Address

If necessary, if you have authorized the USPTO to communicate with you via email , then update your correspondence address (including your email address) and update your owner's address if necessary. Note that changing the owner's address will not affect changes in the correspondence address, and vice versa.

4. Cooperate with the designated USPTO review attorney

USPTO reviews the application

After the USPTO determines that you meet the minimum application requirements, it will assign an application serial number and forward the application to the examiner .This may take several months. The examiner reviews the application to determine whether it complies with all applicable rules and regulations and includes all required fees. The application fee is not refundable even if the application is later denied registration for legitimate reasons. Full The examination includes a search for conflicting marks and a review of the written application, drawings, and any specimens.

The USPTO issues letters (Office Actions)

If the examiner determines that the mark should not be registered, The examiner will issue a letter (Office Action) explaining any substantive reasons for the rejection, as well as any technical or procedural deficiencies in the application. If only minor corrections are required, the examiner can contact the applicant by phone or email ( If applicant authorizes communication via email).

Applicant promptly responds to letter

If the examiner sends an office action, the applicant must respond within six months of the mailing date of the office action Respond to the office's action within 10 seconds, otherwise the application will be declared abandoned.

5. Receive approval/rejection of your application

USPTO

If the examiner There are no objections to the registration, or the applicant has overcome all objections, and the examiner will approve the mark for publication in the Official Gazette, which is the USPTO's weekly publication. The USPTO will send the applicant a notice stating the date of publication of the trademark. After publication in the Official Gazette, any party who believes that it may be harmed by a registered trademark has thirty days from the date of publication to file an objection to the registration or request an extension of time to object. An objection is similar to the proceedings in the Federal Court, but in Held before the Trademark Trial and Appeal Board (TTAB), an administrative court within the USPTO. If no objections are filed or the objections are unsuccessful, the application proceeds to the next stage of the registration process. This is before formal notification of the application's next status is received from the applicant. It may take three to four months from the date notification is sent. During this period, you should continue to monitor the status of your application through the TSDR system, as described in step 3 above.

Usage-based Application for Certificate of Registration Issues

If the mark is based on use in commerce, foreign registration, or extension of protection of a U.S. international registration under Section 66(a) and no party files an objection or requests an extension of the objection time, the USPTO will register the mark and send a registration certificate to the owner. After the mark is registered, the trademark owner must submit specific

Maintenance of documents to maintain registration.

Notice on Subsidy Issues for Applications Based on Intent to Use a Mark

If a trademark is issued based on the applicant’s true intention to use the mark in commerce, and no party files an objection or requests an extension of the objection time, the USPTO will issue a grant notice approximately eight weeks after the trademark issuance date. The applicant has six months from the date of the grant notice:

1. Use the trademark in commerce and submit a statement of use; or

2. Request an extension of six months to submit a statement of use (extension request).

The subsidy notice is the United States A written notification from the Patent and Trademark Office that a particular trademark has survived the opposition period and is therefore allowed, following publication in the Official Gazette; this does not mean that the trademark has been registered. Notification of receipt of subsidy is one more step in the registration process. Only under Trademark Law A subsidy notice will be issued only if the application is based on the intention to apply for a commercial trademark as stipulated in Article 1(b).

The applicant submits a declaration of use or an extension application in a timely manner

The applicant issues a self-issued use statement Submit a statement of use or file an extension request within six months of the mailing date of the notice. Multiple extension requests may be submitted, but there are limits on the total number of extension requests allowed and the time frame within which they must be submitted. View additional information on the use and extension request process Information.

The applicant does not submit a statement of use or an application for an extension in a timely manner

If the applicant fails to submit a statement of use or an application for an extension within six months from the date of issuance of the subsidy notification, the applicant will be The application will be abandoned (no longer pending/under consideration for approval). To continue the application process, the applicant must submit an application to reinstate the application within two months of the abandonment date.

USPTO Comments on Use Statement

A statement of use must meet the minimum application requirements before the examiner can review it. If the statement of use does meet the minimum application requirements, the examiner will review it to determine whether registration is allowed. Submit the statement of use and Registration is not guaranteed. The applicant may not withdraw the declaration of use, and the application fee will not be refunded, even if the application is later denied registration on legitimate grounds. The examiner may approve the declaration of use if no denial or additional requirements are found.

If the rejection or requirement still must be met, the examiner will issue a letter (Office Action) stating the rejection/requirement. If the examiner determines that a legal requirement must be met, this is the same process that occurs before the mark is published. Process and The timeline remains unchanged, but if issues are resolved and the Statement of Use is approved, the USPTO will issue a registration in approximately two months. If all issues are not resolved, the application will be abandoned.

Applicant response has not been Can Overcome All Objections

If the applicant's response does not overcome all objections, the examiner will issue a rejection. To try to overcome the rejection, the applicant can file an appeal with the TTAB for an additional fee.

Six , Maintain Your Registration

Registration Certificate Issues

Approximately two months after approval of the Statement of Use, the USPTO issues a registration. In order for the registration to "valid", the registrant must submit specific Maintenance Documents. Failure to submit these required documents will result in cancellation and/or expiration of your registration. If your registration is canceled or expires, your options are to submit an entirely new application and start the entire process over from the beginning. The fact that your mark has been previously registered does not guarantee registration when you file a new application.

Monitor Registration Status

Even if your mark is registered, you should check the trademark status and The Document Retrieval (TSDR) system monitors your registration status annually. After you submit any documents required to preserve your registration, including between the fifth and sixth years after the registration date and between the ninth and ninth years after the registration date. It is especially important to check the status of your registration between ten years.

Registrant Address

If necessary, you must update your mailing address (and appropriate email address) and update all your

owner's address. Note that changing the owner's address does not change the correspondence address and vice versa.

Protecting your rights

If you receive a registration, you are responsible for enforcing it Your rights, because the USPTO does not "warn" about the use of a mark. While the USPTO attempts to ensure that no other party receives a federal registration for the same or similar mark for the goods/services in question, it is the registration owner's responsibility to take any legal action to prevent A party uses an infringing act. Mark. If the rights holder suspects that the registered trademark has been infringed or may be infringed in the future, the registered trademark can be recorded with the U.S. Customs and Border Protection through its electronic filing application.