Introduction
If you’ve ever wanted to trademark a company name or a product, you’re undoubtedly wondering how simple it is to file a trademark in the United States. Several things influence the answer. First and foremost, ensure that no one else has applied for the same or similar mark in your state. If this is the case, obtaining a federal-level registration for that specific name or symbol will be extremely difficult (if not impossible). Another critical step is to file the real application; this will need some time and work on your part, as well as money (although there are ways around both these things). After an examiner approves your application, which generally takes six months, you’ll receive a registration certificate in the mail (or email if you’re lucky enough not to live too far away from civilization).
The USPTO trademark filing procedure consists of several phases. To begin, look for existing trademarks and see whether your chosen mark is available for registration. Then you’ll submit an application to the USPTO, which will evaluate it and decide whether or not there are any conflicts with your intended mark. Following approval, a TM examiner will give the registration certificate to the applicant upon payment of costs.
The first step is to see if someone else has already applied for the same or a similar trademark.
To begin, you must first discover whether or not another individual has previously applied for the same or a similar trademark. You can accomplish this by paying a fee to search the United States Patent and Trademark Office (USPTO) database. You may also search the internet for privately registered trademarks; however, this will not inform you if someone is using your name as a trademark in their business. Whether you are using your own name as a symbol or logo, you should verify with local state and federal government authorities to discover if any trademarks relating to your name or other identifiers that might be used as marks have been registered.
You may also search a worldwide database of registered trademarks through the World Intellectual Property Organization (WIPO), which provides free access to its database through a web browser or a mobile app. This can assist in determining whether anybody else has previously claimed ownership of your selected brand within their jurisdiction—which might lead to legal complications later on if there are disagreements between companies claiming rights over particular words/symbols/etcetera…
The next step is to submit the application.
After you’ve finished your USPTO trademark search , it’s time to file an application with the US Patent and Trademark Office (USPTO). You can accomplish this using their online application method or by enlisting the assistance of a trademark attorney or agency. A filing fee of $225 is required for each class of products or services for which you seek protection, while small business status (which decreases most expenses) is possible if your net income is less than $500,000 per year and your average annual gross revenue is less than $15 million.
Fees for Filing Applicants can now pay their USPTO fees in two ways: electronically by PayPal or credit card using the USPTO’s e-payment system, or by mailing cheques payable in US dollars drawn on US banks to one of three locations:
Director of Finance – PCT Services Section Mail Stop Fee Operations 5501(C), PO Box 979025 Arlington VA 2209-9025 USA * Director of Finance – International Trade Administration Mail Stop Fee Operations 5501(C), PO Box 979021 Arlington VA 2209-9021 USA VA 2209-9021 USA
A TM examiner will assess your application after you submit it. The examiner will review your application to verify if it is complete and qualified for registration. They’ll then verify to determine if it conforms with all rules and regulations before looking into any potential issues with existing marks.
Congratulations if everything checks out! You’ve officially filed a new trademark in the United States, which means you may now use the three famous letters (TM) after your name in commerce. [NOTE: “In commerce” indicates you’re using the trademark on goods or services associated with your business.]
You will receive a registration certificate if your application is granted. The certificate is valid for ten years after it is issued and can be renewed every ten years thereafter. If your application is denied, you have the right to file an appeal with the Trademark Trial and Appeal Board (TTAB).
The procedure might take anywhere between nine months and two years.
There are various processes involved in submitting a trademark application in the United States. The final step is to publish your application, which means it will be visible to the general public. You can now start utilising your trademark on products and other media.
Depending on the type of application you file and the number of applications received by the USPTO, it might take anywhere from nine months to two years to complete. As you can expect, this varies greatly depending on the sort of application you’re making and the number of other people submitting applications at the same time as yours (the average number of applications received per day is 1,000). On average, it takes approximately nine months for an individual applicant’s first-time trademark application to be processed through all stages; for re-filing an existing registration with no changes or corrections required (a “Reregistration Application“), it could take approximately four months from the beginning stage until the publication date; if significant changes are made, such as changing one word into another word entirely or adding new elements such as colour coding, it could take approximately four months from the beginning stage until the publication date;
While trademark registration may appear to be a lengthy and difficult procedure, it is definitely worth it for any firm or individual seeking to protect their intellectual property.
