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How To Fill Out A Trademark Application

Sep 3, 2008
Don't worry about the process of filling a trademark application, is not very difficult and does not require a lot of effort from you. Still, you might discover that the online application system is more comfortable than spending hours at the USPTO office. You will have to go to the USTPO website and use what they call TEAS. TEAS means Trademark Electronic Application System and it's faster and better than the traditional paper system.

A trademark refers to a symbol, name, or other means of product identification. It has official registration and restricted legally on the manufacturer or owners for use. This is necessary in preventing others to use the same or identical marks. A trademark is abbreviated as or 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.

There are many classifications for trademarks on the USTPO website so make sure you choose the one that suits your business best. They also have an online system if you happen to be confused about the classifications.

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.

If you plan on having a business that activates beyond the state borders make sure that you choose "interstate commerce". Interstate commerce approves that your business can legally sell its services or products beyond the state borders. An example of such business would be an online company that sells products all around the world.

When the USPTO considers your trademark eligible for government registration, they will publish it their official publication. The "Official Gazette" will state that your trademark is an eligible candidate for federal registration. This will give a chance for the existing owners of various trademarks to object. If somebody objects, a hearing will be scheduled by the USPTO to resolve disputes. If nobody objects, you must receive a USPTO response within one year. The processing of your trademark application can last for one year or more. It also depends on the raised legal issues and basis for application during the examination process.

If you want to keep the trademark's legal character you have to file another document where you state that you will use your trademark. This is a very good way to obtain more rights. Also, you need to be aware of the fact that the USPTO has no responsibility to inform you about the statements. Also, the federal registration can be terminated if you don't replace your statements. Before starting the registration process, ensure that you have understood all the legal conditions.
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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