How to Register a Trademark for Media Devices

Introduction

Media devices are an important part of modern life. You might use them to listen to music or watch movies, but they also have other uses in the home and at work. If you have a new media device business or are thinking about starting one, you’ll need to register your trademark before using it in any way.

Classifying your Trademark.

Before you can file your trademark application, you have to determine how to classify your trademark. A trade dress is a combination of features that distinguish a product from others in the marketplace. Trade dress includes things like color, shape, or graphics—for example, the Coca-Cola bottle or McDonald’s golden arches.

When it comes to media devices, your options include:

• Service mark (SM): Can be used on services rather than goods; examples include FedEx and Xerox.
• Collective mark (CM): Distinguishes members of an organization; examples include IHOP and Boost Mobile Wireless.
• Certification mark (CM): Indicates quality or origin; examples include USDA Organic Certified Farms and Good Housekeeping Seal Of Approval.

Conducting a Search before Filing.

Before you file, it’s important to conduct a search using the Trademark Electronic Search System (TESS). A trademark search can help you avoid filing for a mark that is already in use by another party. You can conduct an official trademark search at http://www.uspto.gov/trademarks-application-process/searching-trademark-database/.

If you find similar or identical marks, consider whether those marks were first used before the date of your product’s launch. If so, those trademarks may be registered before yours and could prevent registration for your mark on Principal Register due to a lack of distinctiveness or likelihood of confusion with them.

Check and Register the Trademark.

Once you’ve checked that your mark is available to register, you can proceed with the application. To register a trademark in The United States, there are two main steps:

• Check that the trademark is available for use in the US by searching the Trademarks Database (TMD). You will need to pay a fee to check if your proposed mark is already registered or being used by someone else. If it’s not currently taken, you can apply for registration.
• Submit an application form along with supporting documents, including a sample of the goods or services associated with your mark, and proof that its use has been authorized by its owner (you!).

If all goes well, expect to hear back from them within six months about whether your trademark has been accepted for registration or denied for whatever reason might exist (e.g., not meeting legal requirements).

Fill out an Application.

If you’re planning to register a trademark for Media Devices, there are two ways to do so: online or by paper. The benefits of going the paper route include security and affordability; however, it’s slower than the online option.

If you choose to fill out your trademark registration application using an electronic form, you’ll need access to a scanner or camera capable of scanning images into your computer. You also need access to a printer in order to print out any documents needed during registration (such as specimen signatures). Once all that equipment is set up, it’s time for some fun!

Pay the Appropriate Fees

If you are filing either a standard application or an amendment to an existing registration, you must pay certain fees. For example, the basic filing fee for an application for registration of a mark for goods and services in up to 30 classes is $275. The basic filing fee for an application for registration of a mark that has been used in commerce but not registered in the U.S. Patent & Trademark Office is $275 per class or fraction thereof. If you want your trademark registered with global effect (that is, it will be protected across all countries under the Madrid Protocol), the additional fee will be $325 per class or a fraction thereof.

Respond to Trademark Examiners.

After your trademark application has been published in the Trademark Official Gazette, it will be sent to an examiner for review. The examiner’s job is to make sure that your application meets all of the requirements outlined by law and regulations. They then send their recommendations on whether or not they think your mark should be registered back to you via mail or email. If you do not respond to their response within six months (or within 12 months if they give extra time), they can simply deny your application without giving any reason why.

This means that responding promptly is essential if you want to avoid being denied by an examiner! As with communication with other individuals involved in this process, it’s important that when communicating back with examiners, you remain respectful of their time constraints (they may have hundreds of applications currently under examination). That said, it’s also important that when interacting with examiners during this stage of registration that both parties stay accurate about what information needs updating or correcting in terms of responses from both sides

Takeaway:

• You should be able to use your trademark.
• You have to renew your trademark every 10 years, or if it has been in use for more than 10 years, then you will have to seek permission from the U.S. Patent and Trademark Office (USPTO) before changing its name or registration status.
• Only individuals can register a trademark; businesses must be owned by an individual or corporation with headquarters in the United States (or Canada). If an LLC has registered its own trademarks prior to joining with another business owner/member who also owns one of these same marks then it may continue using those marks until their time frame runs out on its current registration period.

Conclusion

You should now have a good idea of how you can register your trademark for media devices. Remember, this process is not always easy, but it’s worth it in the end when you have something that you can use to protect your brand and products from being copied by others!