How to file for a trademark

how to file for a trademark

How to Trademark a Name

Mar 31,  · Trademark application. File the application online through the TEAS. View trademark fee information. Note: The application fee is a processing fee. Not all applications result in registrations. Your fee will not be refunded, even if ultimately no registration issues. Read about personal information in Trademark records before you file. One of the first steps you should take to protect your brand is to file a trademark on items such as your name, slogan and logo. This is done by submitting a trademark application to the United States Patent and Trademark Office (USPTO). You (or preferably your attorney) can file a trademark through an online portal on the USPTO website.

Get basic information before filing to avoid mistakes that cost you time, money, and potentially your legal rights. Get more information on making changes to your application after a Notice of Publication or Allowance issues.

File all submissions to the Trademark Trial and Appeal Board; e. Check current server status and planned outages how to install winedt and miktex beginning the filing process.

Any submission that arrives as of p. If you have a filing due today and how to file for a trademark document cannot be filed via TEAS, you must use an alternative method of filing to ensure that the document is timely received by the USPTO. If that amount of time has passed and your filing is still not appearing, contact the Trademark Assistance Center.

However, if the problem specifically relates to an electronic filing issue, email TEAS uspto. For other hpw, please see our contact us page.

Apply online. First timer? Already know which forms you hhow Go to our index of all TEAS forms. Response forms. Petition forms File a petition to revive an abandoned application File a petition to amend the basis of an application after publication File a Petition to Director under Trademark Rules 2.

Office of Origin "out-bound" international applications 7. Assignment forms File assignments, name changes, and other conveyances trademaark title Madrid Protocol forms File an application for International Registration File a subsequent designation File a response to notice of irregularity File a request for replacement File a request for transformation File a petition for U.

Office of Origin "out-bound" international applications. Contact us. Name optional. Not Helpful. Send Feedback Cancel.

Step #2 – File a Trademark Application

Aug 27,  · When you go to the trademark application webpage, you’ll see this choice. The simple method is to file the Trademark Electronic Application System (TEAS) form. The filing fee costs $50 more, but it requires far less of the applicant. If you prefer to save $50, TEAS Plus is a great option. Oct 08,  · Your application must be filed with the USPTO, and it must include: The name and address of the mark's owner The name you want to protect The goods or services that you want to register your name forAuthor: Boni Peluso.

Trademarks, patents, copyrights, domain names, and business name registrations all differ, so it is important to learn whether a trademark is appropriate for you. A trademark typically protects brand names and logos used on goods and services.

A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself. You would apply to register a trademark to protect the brand name of the vacuum cleaner.

And you might register a copyright for the TV commercial that you use to market the product. A domain name is part of a web address that links to the internet protocol address IP address of a particular website. A domain name and a trademark differ. A trademark identifies goods or services as being from a particular source. Use of a domain name only as part of a web address does not qualify as source-indicating trademark use, though other prominent use apart from the web address may qualify as trademark use.

Registration of a domain name with a domain name registrar does not give you any trademark rights. For example, even if you register a certain domain name with a domain name registrar, you could later be required to surrender if it infringes on someone else's trademark rights.

Similarly, use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services might qualify it as both a business name and a trademark. Many states and local jurisdictions register business names, either as part of obtaining a certificate to do business or as an assumed name filing. For example, in a state where you will be doing business, you might file documents typically with a state corporation or state division of corporations to form a business entity, such as a corporation or limited liability company.

Watch the Basic Facts: Trademarks, Patents, and Copyrights video for more information about whether a trademark is right for you. Nor is every mark legally protectable, that is, some marks may not be capable of serving as the basis for a legal claim by the owner seeking to stop others from using a similar mark on related goods or services.

You, as the mark owner, are solely responsible for enforcement. Watch the Basic Facts: Selecting a Mark video for more information about selecting a protectable trademark. Watch the Before You File video for an overview of the most important issues to be aware of before filing a trademark application. Watch the Drawing Issues video for more information about choosing a mark format.

Watch the Goods and Services video for more information about properly identifying your goods and services. Watch the Searching video for more information about conducting a clearance search.

Before filing an application, you must know what your "basis" for filing is. Watch the Filing Basis Information video for more information about selecting the proper filing basis. Click for more information about hiring an attorney. File the application online through the TEAS.

View trademark fee information. Note: The application fee is a processing fee. Not all applications result in registrations.

Your fee will not be refunded , even if ultimately no registration issues. Read about personal information in Trademark records before you file. Throughout the entire process, you are responsible for monitoring the progress of your application through the Trademark Status and Document Retrieval TSDR system. You must check the status of your application at least every six months after the initial filing of the application, because otherwise you may miss a filing deadline. See checking status for more information about this.

It is critical that, you maintain and update your address, including your email address. Watch the After You File video for an overview of the most important issues to be aware of after filing a trademark application. After the USPTO determines that you have met the minimum filing requirements, an application serial number is assigned and the application is forwarded to an examining attorney.

This may take a number of months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes, and includes all required fees. Filing fees will not be refunded, even if the application is later refused registration on legal grounds.

A complete review includes a search for conflicting marks and an examination of the written application, the drawing, and any specimen. If the examining attorney determines that a mark should not be registered, the examining attorney will issue a letter office action to you explaining any substantive reasons for refusal , and any technical or procedural deficiencies in the application. If only minor corrections are required, the examining attorney may contact you by telephone or email.

If the examining attorney sends you an office action, you, or your attorney, if you have one, must submit a response to the office action that is received by the USPTO within six months of the issue date of the office action, or the application will be declared abandoned. Watch the Response to Office Action video for more information about how to respond to an office action.

Watch the Petitions video for more information about how to revive an abandoned application. If the examining attorney raises no objections to registration, or if you overcome all objections, the examining attorney will approve the mark for publication in the "Official Gazette," a weekly publication of the USPTO.

After the mark is published in the "Official Gazette," any party who believes it may be damaged by registration of the mark has 30 days from the publication date to file either an opposition to registration or a request to extend the time to oppose. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process.

It can take three to four months from the time the notice of publication is sent before the applicant will receive official notice of the next status of the application.

During this time, you should continue to monitor the status of your application through the TSDR system as explained above in Step 3. If the mark is based on use in commerce, a foreign registration, or an extension of protection of an international registration to the United States under Section 66 a , and no party files an opposition or request to extend the time to oppose, the USPTO will register the mark and send the owner a certificate of registration.

After the mark registers, the owner of the mark must file specific maintenance documents to keep the registration live. If the mark is published based upon the applicant's bona fide intention to use the mark in commerce and no party files either an opposition or request to extend the time to oppose, the USPTO will issue a notice of allowance about eight weeks after the date the mark was published.

The applicant then has six months from the date of the notice of allowance to either:. A notice of allowance is a written notification from the USPTO that a specific mark has survived the opposition period following publication in the Official Gazette, and has consequently been allowed; it does not mean that the mark has registered yet. Receiving a notice of allowance is another step on the way to registration. Notices of allowance are only issued for applications that have a filing basis of intent to use a mark in commerce under Trademark Act Section 1 b.

The applicant has six months from the mailing date of the notice of allowance in which to either file a statement of use SOU or file an extension request. More than one extension request may be filed, but a limit exists on the total number of extension requests permitted and the timeframe that they must be submitted within. Please review the additional information for the SOU use and extension request processes. Watch the Statement of Use video for more information about submitting a statement of use.

To continue the application process, the applicant must file a petition to revive the application within two months of the abandonment date. A statement of use SOU must meet minimum filing requirements before an examining attorney fully reviews it. If the SOU does meet the minimum filing requirements, then the examining attorney reviews it to determine whether it is acceptable to permit registration.

Submission of an SOU does not guarantee registration. If no refusals or additional requirements are identified, the examining attorney approves the SOU. This is the same process that occurs prior to publication of the mark if the examining attorney determines that legal requirements must be met. The process and timeframes remain the same, except that if issues are ultimately resolved and the statement of use is approved, the USPTO issues a registration within approximately two months.

If all issues are not resolved, the application will abandon. If your response does not overcome all objections, the examining attorney will issue a final refusal office action. If you disagree with the final refusal, you may, for an additional fee, appeal the decision to the TTAB.

To keep the registration "live," the registrant must file specific maintenance documents. If your registration is cancelled or expired, your only option is to file a brand new application and begin the entire process again from the very beginning.

The fact that your mark was previously registered does not guarantee registration when you submit a new application. Watch the Post-Registration Issues video for more information about specific registration maintenance documents that must be filed. Even if your mark registers, you should monitor the status of your registration on an annual basis through the Trademark Status and Document Retrieval TSDR system. It is particularly important to check the status of your registration after you make any of the filings required to keep your registration alive including between the fifth and sixth year after the registration date and between the ninth and tenth year after the registration date.

It is critical that you maintain and update your address, including your email address. You are responsible for enforcing your rights if you receive a registration, because the USPTO does not "police" the use of marks. If a right holder suspects that a registered mark is being infringed upon or may be subject to future infringement, the registered mark can be recorded with U.

Customs and Border Protection through its e-Recordation application. For other assistance, please see our contact us page. Step 1 Anchor Step 1 Is a trademark application right for you? Filing basis Before filing an application, you must know what your "basis" for filing is.

Trademark attorney Do I have to use one? Yes, if you are foreign-domiciled. No, if you are domiciled in the United States or its territories. Although you are not required to have an attorney, we strongly encourage you to hire a U. Monitoring application status Throughout the entire process, you are responsible for monitoring the progress of your application through the Trademark Status and Document Retrieval TSDR system. Applicant address and email address It is critical that, you maintain and update your address, including your email address.

USPTO issues letter office action If the examining attorney determines that a mark should not be registered, the examining attorney will issue a letter office action to you explaining any substantive reasons for refusal , and any technical or procedural deficiencies in the application. Applicant timely responds to letter If the examining attorney sends you an office action, you, or your attorney, if you have one, must submit a response to the office action that is received by the USPTO within six months of the issue date of the office action, or the application will be declared abandoned.

Registration certificate issues for applications based on use If the mark is based on use in commerce, a foreign registration, or an extension of protection of an international registration to the United States under Section 66 a , and no party files an opposition or request to extend the time to oppose, the USPTO will register the mark and send the owner a certificate of registration. Notice of allowance issues for applications based on an intent to use the mark If the mark is published based upon the applicant's bona fide intention to use the mark in commerce and no party files either an opposition or request to extend the time to oppose, the USPTO will issue a notice of allowance about eight weeks after the date the mark was published.

The applicant then has six months from the date of the notice of allowance to either: Use the mark in commerce and submit a statement of use SOU ; or Request a six month extension of time to file a statement of use extension request. Applicant files timely statement of use or extension request The applicant has six months from the mailing date of the notice of allowance in which to either file a statement of use SOU or file an extension request.

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