How to Register a Trademark for Grain

Introduction

A trademark is a distinctive sign or indicator used by an individual, business, or other organization to identify that the goods or services they offer are theirs and to distinguish them from those of others. A trademark may be a word, phrase, symbol, design, or combination of these elements. Although trademarks are often easy to identify with one company or product brand, they may also be shared with other companies or brands in related industries

What is a Trademark?

Trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source. A trademark can be a word mark (a word), an image mark, a combination of words and/or images, or any other distinctive signs such as sounds (e.g., jingles).

Trademark registration is not required but it helps to prevent others from using your trademark as their own. It also gives you exclusive rights over your mark in certain jurisdictions and industries, thereby preventing others from copying your work and profiting from it without permission

What can be Registered as a Trademark?

Trademarks can be used in connection with a wide range of goods and services. For example, you might use the trademark “Grain” for the following:

• Wine
• Bread
• Baked goods, such as muffins and bagels

In addition to words and logos, trademarks can also be an image (such as a graphic design) or sound made by whirring gears that represent your company’s products or services.

What cannot be Registered as a Trademark?

There are some things that cannot be registered as a trademark. These include:

• Marks that are not distinctive. A mark must be distinctive to qualify for protection.
• Descriptive marks, which describe the goods or services being offered. For example, if you want to register a trademark for your line of “gourmet” pizzas and your mark is “Joe’s American Pie,” this should not be allowed because it describes what you sell and there are many other pizza parlors out there with similar names (like Pizza Hut). By contrast, if Joe’s American Pie had a unique name like Toni’s Italian Deli, then this would probably be acceptable as an exclusive identifier of their services and products.
• Confusingly similar marks—that is, two or more trademarks that sound or look alike when read by consumers may cause confusion among consumers about their origin or sponsorship by the same company (e.g., Coca-Cola v New Cingular Wireless Services Inc). This can lead to problems such as customer confusion about what brand they are buying or where their money is going (e.g., Burger King v Hungry Jacks Pty Ltd).

When Should you Apply for Trademark Registration?

You should register your trademark before you start using it. If someone else registers a similar or identical mark after you have used yours for some time, and then starts using that mark, they could claim that your use of the earlier mark was not authorized or legitimate.

You should also register your trademark before you start selling products or services in connection with it. Section 12 of the Trademark Act provides that no one can use another person’s trade name, service mark, or another identifying device in advertising or selling its own wares unless permission has been granted by the owner of such a device. In other words, if you don’t want someone else to sell their goods under your name without having to pay royalties to you (and vice versa), then take steps now!

How to Apply?

If you have decided that a trademark is the right way to protect your brand, then it’s time to take action. The first thing you need to do is fill out and submit the application form. Once that has been done, it will be forwarded to the examining attorney who will decide whether or not your mark meets all legal requirements for registration.

After paying an application fee and waiting for approval, you’ll receive official notification of whether or not your trademark was successful in gaining protection status. If so, congratulations! You’re now legally protected from copycats and knock-off products using your name or logo on them.

Documents Needed for Application

There are several documents that you will need when filing your trademark application.

• The description of goods and services should be as broad as possible, while still being accurate. For example, the term “grain” may apply more specifically to wheat or corn than it does to rice, beans, or other grains. You can use a generic description by using an asterisk (*) followed by one or more words that describe the goods and services for which you’re seeking protection (for example “**Wheat**; **Corn**; **Rice**”).
• Applicants must include a statement designating an agent for service of process in all states where they have been granted trademark rights (except for those with reciprocal agreements). This process allows third parties who wish to challenge their claim on a particular trademarked name or image to file suit against said applicant instead of trying to find them personally.

Procedures Involved in Application.

• Complete the application form
• Pay fees
• Submit documents
• Examination of application by Trademark Office, if necessary Company Name: (Name of applicant) Date of Registration: (Date on which registration was granted)

What Happens after a Successful Application?

Your trademark will be published in the official journal. You will be informed of any objections to your application. If there are no objections, your trademark will be registered and a certificate of registration will be issued to you.

You have up to Seven Years to use your New Trademark.

You have up to seven years to use your new Grain trademark. To maintain your registration, you must use it within the first year of registration and file an affidavit of use with the USPTO within six months of registration. If you do not file this document, your mark will expire at the end of that sixth-month period unless it is renewed. You can also file an affidavit of nonuse after six months if you do intend to make future use of your mark; however, this would be considered a late filing and could result in complications for your application down the road.

Conclusion

After the successful registration of your trademark, you can use it for your products or services. You have up to seven years to use this mark before renewing the registration. If you do not use your mark within a reasonable time, the USPTO may consider it abandoned and cancel your registration. You can also file an affidavit of nonuse if you wish to make future use of your trademark after six months.