Trademarks are often found after words, phrases, designs, or symbols that identify or distinguish the products of one party from those of another. A service mark is found after words, phrases, designs, or symbols that identify the services of one party from those of another. In general, the word “trademark” is used to define both trademarks and service marks. To register a trademark, you will need to follow a process established by the United States Patent and Trademark Office (USPTO).
Trademark Application
The first step you will need to take when applying for trademark registration is to complete an application. When you fill out this application, you may want legal counsel to help you with this paperwork. If you live in the United States, legal advice is not required for a trademark application, but it is strongly recommended.
Before filing, you and your legal counsel will need to determine if your mark is registrable and how difficult it will be to protect the mark once registered. You will be asked to provide the filing basis and the registration basis of your mark. This focuses on how and when you intend to use your mark.
Preparation of the Application
Your trademark application can be filed online through the Trademark Electronic Application System (TEAS). You will also need to pay the initial application fees when you submit your application. TEAS Plus costs $225 per class of goods or services, and TEAS Standard costs $275 per class of goods or services. You should be aware that when you apply for a trademark and submit the application, if it is denied, these fees will not be refunded to you. You may also apply for only one trademark per application.
Application monitoring after submission
During the registration process, you and your legal counsel should monitor the application until the USPTO examining attorney makes a decision. Once a determination has been made, the attorney will send a letter if more information is needed. She will need to make sure that she is responding to them promptly. If you do not respond within six months, your application will be declared abandoned.
Maintain the trademark once approved
Once the trademark has been approved, you will need to pay the necessary fees and make sure you keep up with the status of the trademark. It will also be up to you and your legal counsel to make sure that no one is infringing on your trademark, the USPTO does not monitor this. Although the possibility of filing a trademark application can be done on your own, it is not something that everyone knows about. Hiring a legal advisor who specializes in trademark applications can ensure that everything is done correctly and legally.