The United States Patent and Trademark Office (USPTO) defines a trademark as a word, phrase, symbol or design that distinguishes or identifies products of one party from another. Yet another similar term is service trademark, which is a word, symbol, phrase or design which distinguishes or identifies one service from another. Even so, the term trademark is employed for trademarks for products and service trademarks.
Therefore if you would like to distinguish your business from your competitors, you will need a trademark. Nonetheless, before you can make use of it, you have to register a US trademark with the USPTO. Registration of a trademark makes sure that no one else will be able to claim that trademark, and that duplication and copying of trademarks can be prevented.
The first step you must take to begin with the process of registration is examining the USPTO records to see whether the trademark you are using isn't already being used. In case the trademark you want is already in the database, you will be forced to design another one, except when you plan to challenge that trademark. On the other hand, that course of action is quite rare and not advisable.
Once you've made sure that your trademark isn't in the USPTO records, you'll be able to submit an application for registration. The application may be filed online or offline. To file an internet application to register a US trademark, you will need to use the Trademark Electronic Application System (TEAS). This system is available on the USPTO website and comes with a variety of features including a validation feature which helps validate your trademark from simple errors. Once you post your application using TEAS, you will instantly receive your designated serial number.
You could also submit a printed copy of your application simply by mailing it to the Commissioner for Trademarks. His address is given at the USPTO website. Don't neglect to attach a self-addressed envelope to receive a receipt for the application. It should be noted that you will not need to retain a lawyer to file an application to register a US trademark.
After you've filed the application, the USPTO is going to review it and grant it when it confirms that it fulfills all its criteria for a valid trademark. On the other hand, this process can take several months, and occasionally the examining attorney might ask the person to clarify a few things. As soon as the examining attorney is satisfied that it's a valid trademark application, and the trademark is not questioned by anyone, the trademark will be given to the applicant. Following that the applicant becomes the exclusive owner of the trademark, subject to pertinent laws. At the same time, no one else will be able to use that mark without facing legal consequences.
Whenever You Intend To Distinguish Your Company From Your Competitors, You'll Need A Trademark
The United States Patent and Trademark Office (USPTO) defines a trademark as a word, phrase, symbol or design that distinguishes or identifies products of one party from another. Yet another similar term is service trademark, which is a word, symbol, phrase or design.
The Initial Step for Trademark Protection is Through Registration
A trademark is a word, name, design or a symbol - or better still, a mix of these things, used in the identity and distinguishing of a firm's products from the products of the competition.
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Filling out a trademark application would most likely be a good plan before you invest time and energy into promoting the brand or identification of any items that you are planning on bringing into the marketplace today.
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