![]() There are two filing options available with the Trademark Electronic Application System (TEAS): TEAS Standard and TEAS Plus. Applications will need to be dated and signed. If the basis for filing is “intend to use” your proof of eventual use can be provided later.Īppropriate funds based on the filing status and number of classes being registered. If the basis for filing is “in commerce” (already in use) you’ll need proof such as a product label. The basis for filing: either “in commerce” or “intend to use” depending on whether or not the mark is already in use. If there’s an accurate description of your product or service in the “description” column of your search results, copy that description verbatim otherwise you’ll have to write your own description. Search the USPTO’s Trademark ID manual online to find your class. You can register your trademark in more than one class, but you’ll pay additional fees. You’ll need to describe your product and service and also identify the class it falls into. Product(s) or service(s) the name will cover.You can also register a name as shown in a particular color, style or font (a “special form mark”), but if you go this route your trademark will only protect that particular depiction of your name. ![]() The name (aka a “standard character mark”) you wish to protect.This may be an individual or a business.(Note: Individuals and businesses who are based outside of the US will need to hire a lawyer to complete this process.) Name, address and personal details of the entity filing for the trademark. Preparing an application requires the following information: Prepare an ApplicationĪn application requires a significant amount of effort to prepare, so ensuring that the application is as complete as possible is almost as important as verifying that a name or slogan is not already taken. For instance, “Banana Airplane Rental” and “Banana’s Airplane Leasing” are similar names that may not show up on the same search but might lead to an application rejection. We recommend searching not only the exact name but any variations and similar names, as any existing similarity will likely result in an application rejection. This should be done before applying for a trademark, because the USPTO will not register your trademark if it is likely to be confused with an existing trademark. Use TESS, the patent office’s Trademark Electronic Search System, to find existing trademarks of similar nature to a desired name or mark. Use of the ® symbol next to a name is also enabled by registration of a trademark. Customs and Border Protection database, a trademark can also prevent infringing goods from being imported into the US. Trademark registration also makes it easier to apply for trademark registration in other countries and entitles you to file a lawsuit in federal court to enforce your trademark. Registering a trademark entitles the owner to exclusive rights to use the name in connection with the class of goods or services for which the name is registered, and and makes it clear who the owner of the name actually is-all on a national level. Furthermore, filing a federal trademark infringement suit if someone does steal or misuse a name becomes possible only if a business has registered a trademark. Use of a business name automatically provides some trademark protection, but usually only if a business can provide documentation that it was the first business to use the name in the specific industry (also called a class.) These common law provisions generally only extend to the local geographic area in which the name is used. Filing fees are nonrefundable if your application is denied. Applying for a trademark doesn’t guarantee you’ll get one–trademark applications go through a thorough review process. ![]() Fees associated with the basic application can run as low as $250, but total out-of-pocket costs may be much higher, especially if the trademark is across several classes (more on that later) and if a lawyer is involved.Īlthough the trademark application paperwork is relatively straightforward, it’s important to take your time and do your research. ![]() The trademark application process can be completed in four simple steps, but the entire approval process may take six or more months. Patent and Trademark Office (USPTO) defines a trademark as ”a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of the others.” Trademarks offer name protections for businesses and registering a trademark is the way to ensure these protections can be documented and enforced. On ZenBusiness' Website What Is a Trademark? ![]()
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