A trademark is a word, phrase, symbol or design that identifies one seller’s products or services as distinct from those of other sellers and can be used to protect brand identity. The United States Patent and Trademark Office (USPTO) registers trademarks through its Trademark Electronic Application System (TEAS).
The application process for registering a trademark
A trademark is a word, phrase, symbol or design that identifies and distinguishes the source of the goods or services of one party from those of others. It can be a word, phrase, symbol or design that identifies and distinguishes the source of the goods or services of one party from those of others. A trademark can be a word mark (for example, “Apple”), a logo (like Apple’s bitten apple), an image (think: Tropicana orange juice) or even an audio signature (think: NBC chimes).
The difference between trademarks and patents
A patent gives you protection for something new and useful; while USPTO trademark filing only protects against unauthorized use by others.
The difference between trademarks and patents is that a patent gives you protection for something new and useful while registering a trademark only protects against unauthorized use by others. The term “trademark” is often used in a general sense to refer to any word, name, symbol or device that identifies one’s goods or services as distinct from those of another party.
How much does it cost to register a federal trademark?
- Filing fee: $225
- Other costs: $275 (estimated)
- What is a trademark search? A thorough search of the US Patent and Trademark Office database to make sure that the mark you wish to register doesn’t already exist. A good trademark searcher will also look at existing trademarks outside of the USPTO database and carry out internet searches in order to ensure there aren’t any similar marks being used by others.
- What is a trademark search report? This document details all of the findings from your trademark search, including what exactly you need to do in order to avoid infringing anybody else’s rights when it comes time for your mark-up application. It’ll also include any possible alternatives that might work better than your chosen name or logo because they aren’t as similar (or identical) as those currently being used.
- Are there any costs associated with getting one done? Yes! Expect fees ranging from $500-$1000 depending on where you get it done and how many options are considered during the process; some consultants charge an hourly rate instead which could result in higher costs if there’s more than one option that needs looking at closely before making a decision
What is the difference between the Standard Character Trademark and the Special Form Trademark?
The difference between the Standard Character Trademark and the Special Form Trademark is that one is for marks that are not in standard characters, and one is for marks that are. The Standard Character trademark is more common, as it can be used for both goods and services. The Special Form trademark can only be used for goods (not services). While there’s less risk involved in getting a Special Form trademark since it doesn’t have to include all of your words, it will cost you more money because you must show proof that the mark has already been used commercially or has acquired distinctiveness with regard to your business.
Once you decide which type of trademark applies to your business, here’s how to apply:
- Fill out an application form and submit it to the Trademark Office. 2) Pay the appropriate fee.
How long does the registration of a trademark take?
The length of time it takes to register a trademark depends on the complexity of your application, but it can take several months or even years. It is recommended that you start the process early to avoid any delays that could result from missing deadlines.
The main factors affecting the processing time for a federal trademark application are:
- The likelihood that another party has already registered as a mark similar to yours;
- How complex your application is; and
- Whether you’ve submitted all required information.
The more unique your trademark is, the easier it will be to register. If you have a descriptive mark, such as “Crazy Dog,” you may have trouble registering it unless there is evidence that the term has become sufficiently associated with your brand. A fanciful or coined word or phrase, such as “Cheerios,” has no problem being registered because there’s no risk of confusion with a similar mark.
Most trademarks are obtained within a year, but this will depend on several factors, such as how many Office Action responses need to be completed. The time it takes to obtain a trademark depends on a number of factors, including the length of the application process and the number of office actions needed.
A trademark application is processed in two phases: (1) filing; and (2) examination.
During filings, an applicant submits an initial filing fee and identifies goods or services that may be associated with their mark. The USPTO examines each filing individually to determine if it qualifies as subject matter eligible for protection under federal law, which includes both marks used in commerce as well as marks that are not being used at all but can still qualify under certain circumstances (e.g., marks that are now defunct).
The USPTO will publish the application for opposition by third parties, who may file an opposition. The applicant must then respond to any oppositions filed and submit evidence of use of the mark in commerce.
I hope you found this post useful and informative. If you have any questions regarding trademark registration, please feel free to contact me at [email protected]
