How is a Trademark Application Registered

Introduction

Trademark registration is one of the most important components for protecting a brand. It provides legal protection against other parties using the same or similar mark to brand their own products or services. Trademark registration protects your brand throughout its lifespan and can be renewed indefinitely as long as it’s still in use.

How to File the Application

You can file a trademark application using the Trademark Electronic Application System (TEAS).

The filing fee for an application under the TEAS is $225 USD. The filing fee is paid prior to the submission of your application and can be paid by credit card or eCheck. If you do not have a US-based ABA bank account, you may also pay by check or money order. Payment can only be made in US dollars drawn on a US-based ABA bank account.

What does the Trademark Registration Process Include?

The trademark registration process includes these steps:

• The application is filed with the USPTO.
• The application is reviewed by the USPTO. The review assesses whether a mark that is being applied to register is similar enough to other registered or pending marks to cause confusion between them. If it does, then there may be an issue with registering such a mark due to possible infringement on another person’s intellectual property rights (IPR).
• If approved, the application is published for opposition from those who have previously used or filed an intent-to-use application for similar trademarks or service marks in connection with similar goods/services.

Trademark Ownership

It is important for a trademark owner to know who owns its trademark. This can be done by checking the Trademark database at the USPTO’s website, which will show you when a particular mark was registered and by whom. You can also check with your attorney or agent if you need assistance with this process.

Trademark ownership is transferred from the owner (the person who applied for registration) to the applicant (the one requesting registration). The applicant then has exclusive rights over that mark until it expires or becomes abandoned or invalidated by other means.

Trademark Opposition

If someone files an application for a trademark that is identical or confusingly similar to your trademark, you may file an opposition. This is a process in which you can oppose the registration of another party’s mark based on the likelihood of confusion.

Opposition must be filed with the USPTO within 30 days after publication of the mark in question and can include arguments such as:

• The proposed mark should not be registered because it creates confusion with your existing mark (this is called “likelihood of confusion”).
• The proposed mark should not be registered because it dilutes or blurs some part of your existing mark (this is called “dilution).

Trademark Renewal

It is important to note that the renewal period for your trademark application begins on the sixth year of registration and ends on the tenth anniversary. If you wish for your mark to continue in force, you must file a renewal application within a specific time period:

• The first time it would be at least one month before and ending at least six months after its expiration date
• Subsequent times, it should be within three months before but no later than six months after its expiration date.

The fee is $200 per class of goods or services listed on the original application. Your renewal application must contain information about all registered marks listed in it (such as dates when they were first used), changes that have been made since the last filing (for example, if they’ve been amended with new goods or services), and any other relevant information such as assignments or ownership transfers.

Takeaway

Trademark registration is one of the most important components for protecting a brand. It provides many benefits, including:

• The right to use the ® symbol after your trademarked name or product;
• A Federal registration, which protects you from infringement in all 50 states; and
• The ability to bring legal action against infringers, who may be subject to fines or additional damages.

Conclusion

If you are looking to protect your brand and ensure that it is not misused by others, then trademark registration is the right choice. It will help you in getting legal protection over your brand name and logo.