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Legal Issues Concerning The Trademark Application

Jun 11, 2008
Filing a trademark application is quite easy. However, the online process of filing is more convenient. You can use the TEAS (Trademark Electronic Application System) after logging into the USPTO (United States Patent and Trademark Office) website. Application in paper forms is not quickly processed and costs 50 dollars or 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.

If you want to fill an online application go on the USPTO website. There, choose the category "Trademarks", on the next screen just click on "FILE online". This is a very easy and direct process so there is no need to worry about mistakes. Another important thing that should be done properly is writing the date when you first used your product name or design, make a short description of your business and products, and, of course, describe the trademark that you will be using.

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.

Moreover, you must accompany your applications with: trademark drawings (word marks: simply encode the words; graphic marks: include graphic images or photo files); proposed mark samples of its usage; and online registration of 325 dollars per classification.

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.

When you have been approved by the USTPO they will make a notification in the official publication called Official Gazette. The notification will approve that your trademark is qualified for the next registration steps. If someone thinks that you have stolen the trademark or finds any reasons not to be registered they can object and you will begin an examination where your trademark will be discussed by both parts. If nobody objects, however, you should wait for a response. The response usually comes in approximately one year. But this depends mostly on any legal matters that may show up during the registration process.

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 .
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