How to Register a Trademark in Pennsylvania

Introduction

It is not necessary to register your trademark in Pennsylvania but can be an important step in protecting your business. You should consider registering with the USPTO if you plan on using a mark across state lines. The USPTO offers several advantages over state registration. These include the ability to file a federal trademark application online, and faster processing times. Federal registration also requires no fees for filing an intent-to-use application.

Prerequisites

When you’re applying for a trademark, there are a few requirements you need to meet:

• The use of the trademark must be in interstate commerce. This means that your company must do business with other companies outside of Pennsylvania. The only exception is if you only sell products within the state of Pennsylvania.

• You’ll also have to prove that the mark was used on an ongoing basis for the last three years before submitting your application. This is known as continuous use (CU).

A few Advantages

• After the registration of your mark, you can use the ® symbol.
• You have exclusive rights to the trademark and can sue for infringement.
• If another person uses your trademark or creates a similar one without permission, you will be able to prevent that person from using it. You will be able to file an infringement action in federal court.
• A registered trademark makes it easier to defend against any claims of infringement because you are more likely to win an infringement lawsuit.

File your Mark at the Correct Government Level

It’s important to understand how the U.S. government is organized and how that relates to trademarks before you file any trademark application. The USPTO registers all Federal trademarks. Secretary of State or Department of State registers state trademarks.

The USPTO website is a great tool to file for trademarks online. You will need to complete a series of online forms and pay any required fees before submitting your completed application in one final step using eFiling via Trademark Electronic Application System (TEAS).

State trademark applications must be filed in person at a local office or mailing address listed on each state’s Secretary of State or Department of State website.

Search for Similar Trademarks

You can search for trademarks at the USPTO website. Applicants can search for existing and pending applications, as well as registered trademarks. You will also be able to see whether your trademark is similar to an existing one or not.

Search results will include the trademark and the owner, along with a description of what they do. For example, if you have searched “SuperHero” in the broad classification of “Entertainment”, it would show that there are five trademarks that are registered under this category: “Superheroes”; “The Superheroes’ Secret Lair”; “Super Heroes”; “I’m a Superhero”; and “Superhero Girl”.

You can also search for pending applications if you want to check whether someone has already filed an application. Applications will be listed chronologically based on their filing dates with links to each corresponding USPTO document containing information about its status or current state within its processing timeline – including any amendments made by applicants themselves such as adding new goods/services covered by their mark (known as disclaimers), annexing declarations certifying foreign priority claims where applicable etcetera.

Patience is the Key

It can take weeks or months for a trademark application to be approved. This can vary depending on how busy the USPTO is and how many similar applications they’re processing at the time. A complex application will take longer than one with a simple design and logo.

If you get an idea for a new product or business, do some research first: make sure no one else has already registered that same name as a trademark! If someone else does hold rights to your desired mark, try contacting them about purchasing the rights from them before going ahead with filing for your own registration with the PTO.”

Maintaining a Trademark

Trademarks must be renewed every 10 years. It’s important to know that they do not expire. If you fail to file a renewal application during the 10-year period, you will lose your trademark rights.

You can renew your trademark at any time during the 10-year period by filing an online renewal application or by submitting a paper form with payment via mail.

Takeaway

As a business owner, you want to protect your brand and the goodwill it’s built. This is why registration of your trademark in Pennsylvania can help keep you from legal issues that could cost you time and money.

When you register a trademark with the United States Patent and Trademark Office (USPTO), it provides several benefits:

• Protects your intellectual property from infringement by others
• Helps you prevent confusion among consumers who may think that two brands are related when they aren’t
• Enables you to enforce your rights if someone infringes on them by selling products under similar names or logos as yours

Registration also gives businesses an advantage when expanding internationally because it shows that their brand has been vetted by experts at the USPTO and received approval for use worldwide.

Conclusion

We hope you found this information helpful. If you have questions about the process of trademark registration in Pennsylvania, contact us today. Our experienced attorneys are ready to help guide you through this process.