The article touches upon the issue of The ABCs Of Trademark Registration. What is trademark? A trademark is an intellectual property of anyone or any company or entity. It includes any symbol, word, device, name, or any combination, used, or planned to be used, in business. This is usually used to identify and tell apart the goods of one company or seller from products made or sold by others. It is also used to denote the source of the products. Simply speaking, a trademark is a brand name.
Like every brand on the marketing world, trademarks also need to be registered for many good reasons. Registering a trademark can give a constructive nationwide notice of a trademark owner’s name. It can also serve as trademark ownership evidence. If you wish to go international with your business, a registration can be used as a foundation for overseas registration. How can a trademark be registered?
Generally, registering a trademark takes time because it involves many elements. This includes proceedings through several trademark application stages. A trademark attorney can help in speeding up the process. Trademark lawyers do the filing, design, design duplicate checking as well as the handling of fees. Registration usually begins with the examination process after all the filing has been done.
The examination process is done at the United State’s Patent and Trademark Office or USPTO. They review submitted trademark applications and evaluates it for registration. If they reject a request, they will most likely send their reasons behind the disapproval to the applicant’s address. USPTO usually reject trademarks that are immoral or scandalous in nature. However, if an application is approved, the applicant will be sent a notice of publication.
The next step to take is the publication for opposition. If the USPTO makes no protest to registering a certain trademark and the applicant surmounts objections then it is finally time for them to approve the mark. Once it is approved, the trademark owner has to publish the mark on an official gazette on a set date for publication. Anyone or any entity that opposes or objects to the published trademark has at least thirty days to file for a notice of opposition. However, if no one opposes to a certain published trademark, then USPTO will now send a certificate of registration to the trademark owner.
The last phase to enlisting a trademark is the issuance of a certificate of registration or Notice of Allowance. If the mark application were for a trademark uses in commerce, the USPTO would register it together with registration certificate generally about four months from the date it was published.
If the trademark filing was established on an Intent-to-Use basis, the USPTO will give a Notice of Allowance about four months from the publication date. The applicant will then have six months from the issuance of the Notice of Allowance to use the trademark in commerce. The applicant can also submit a Statement of Use or ask for a six-month extension for its filing. Once the Statement of Use is approved and filed, the USPTO will then issue a registration certificate.