This article tells you How To Register A Trademark Properly. Many products and services, as well as companies have distinctive trademarks but they all have the goal of making a one of a kind symbol that identifies a particular entity. Using trademarks has a legal implication because this is protected by common law or federal law. Anyone who owns a trademark is entitled to its exclusive use on products particularly intended to be different from other similar products in the market.
A trademark can be a combination of words or a single word that depicts a relationship to the company’s purpose of being. It also includes symbols or characters that tells apart one company from another. Although most people view trademarks as one and the same as patents and copyrights, they are in fact way different from them. A patent is geared on the protection of a certain invention while a copyright is aimed at protecting original artworks like literary or musical pieces.
A trademark owner or user can register a trademark for acquiring better benefits that goes with it. It should be registered on with the Patent and trademark office. Any trademark can be registered as long as no one already owns it and that the one registering it is already using or planning to use it in the future. Nevertheless, trademarks that are unregistered are still safeguarded under the common law as long as the possessor can set up his use of the trademark.
Why should companies or individuals register their trademarks if unregistered ones can also be protected by law? Trademark registration is encouraged because its serves as a practical and legal notice to the public that it is already used and possessed by another. The owner can also sue another party in Federal Court for making use of a registered trademark.
The process of registering a trademark is practically self-explanatory and easy that there is really no need to hire an attorney. The only thing to put in mind when registering by yourself is to comply with all the needed requirements for a faster processing process. These requirements simply consist of your sketch and application form. Once an applicant have finalized a sketch he/she should check if there are no similar designs or phrases like what is about to be registered.
If there are, do not pursue on submitting it because precious time can be wasted. An applicant can choose to make another design. When it passes the duplication test then he/she can automatically submit it together with an application form on the patent and trade office. Once it has reached the office, they are going to evaluate it according to it significance of products and services.
After it has been evaluated, it can either be rejected or approved depending on what has been assessed from the patent office. If it has been approved then the applicant will receive a notice of publication encouraging him/her to publish the trademark on a local official gazette. If no one opposes the published trademark after thirty days, then the office will now issue a certificate of registration.