MightyRecruiterTrademarks, copyrights, patents, business name, and domain name registrations are different, so it is essential to determine if a trademark is best for your business. Submitting an application to register your trademark with the USPTO is the beginning of a legal process with deadlines and requirements that must be met and fees that may be needed during the process. However, it is essential to understand that not all trademarks register. If your trademark registers, more legal deadlines, fees, and requirements must be met to sustain your registration and retain your trademark registration.
Availability Search
Whether you want to submit a registration application for a trademark you have been using for years or one you just created, the registration process starts by determining if and to what extent other parties have trademarks similar to yours. A comprehensive trademark availability search will help resolve two questions surrounding your trademark:
A reputable trademark research company should perform the availability search. If the mark may cause the public to confuse the applied-for mark with a current one, the USPTO will reject the application. That means you have to search for exact matches of your mark and also look for marks that might be deemed confusingly similar.
Filing the Application
After you have determined that your trademark is available, the next step is to file a trademark application. You do not have to be an attorney to complete a trademark application. You can select one of two forms: TEAS or TEAS Plus. The TEAS form is the simplified version, and it costs $50 more but requires far less of the applicant. The TEAS Plus is a longer, more detailed application with USPTO drop downs. On the TEAS form, you have the opportunity for free-text entries.
Approval
It is tough to estimate the length of time that the registration process may take because many factors can modify the process. You will get a receipt for filing from the USPTO nearly immediately after filing and should be provided an initial response within about three months. However, the entire application process may be anywhere from six months to one year or longer. If approved, the registration is valid for 10 years. After that period, you must submit a renewal application to keep the mark. If your trademark registration is not approved, you may appeal the denial although your fee is nonrefundable.
Benefits of Trademark Registration
Many people believe they can protect their trademark by using it in commerce. While you are not obligated to register a trademark to obtain some level of protection, you can establish common law rights just by applying a mark in commerce. However, a federally registered trademark approved by the USPTO provides a variety of benefits:
Federal registration also allows you to use the circle-R ® symbol. However, when you want to claim rights of a trademark, you can use the service mark (SM) or trademark (™) symbols to inform the public of your claim, regardless of whether or not you have filed a registration application with the USPTO. Nonetheless, the federal registration symbol can only be used after the USPTO has finalized the trademark registration. It cannot be used without an active application or during a pending application.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.