MightyRecruiterA big part of business success is registering and maintaining a trademark. This gives you the right to use your company name and logo, and keeps others from using similar branding for their companies. While it is important to make your trademark official, the laws regarding trademarks can be difficult to parse. This short list of frequently asked questions will help you better understand the process.
1.Question: How do You Register a Trademark?
First, ensure no existing companies are using the trademark you wish to register. An attorney can help you perform a more exhaustive search and advise how unique your branding needs to be. Once you are confident that you are in the clear, submit an application. This can be found on the U.S Patent and Trademark Office (USPTO) website. You can submit via an online form or by mail. A submission fee is also required.
2.Question: How Long Does It Take to Register a Trademark?
The process of being approved by the USPTO varies based on your intended trademark. If it is completely unique, reviewers will be able to research it quickly. However, if the office finds there to be any similar trademarks, your application will be subject to further evaluation. It usually takes a few months to hear a response. If you’re approved, you will receive an initial notice letting you know that your trademark has been published. For a period of time, your trademark will be visible to other business owners who will have an opportunity to object your submission. An objection usually involves a formal dispute hearing. If no one objects to your trademark, however, you will receive an official approval notice within one year of submitting your application. Because the process of registering takes such a long time, it is important that you do your research before sending in your file.
3.Question: What Must You Do After Registering?
In between the fifth and sixth year of operating your business, you must file an Affidavit of Use. This statement provides evidence that your trademark is being used in commerce. After your first Affidavit of Use, you must resubmit once every ten years.
4.Question: How Do You Protect Your Trademark?
In a perfect world, the USPTO would be able to guarantee that no other companies use your trademark. In reality, however, they will only be able to keep others from officially registering the same mark. There is nothing to stop businesses from using your branding without registering it, which means you should be on the lookout for companies violating your rights. Additionally, check the USPTO publications for approved trademarks that you may feel damage or threaten your own. If you spot a potential infringer, your attorney should file a Notice of Opposition and you may state your claim in court. If someone is using branding that is substantially similar to your own, you should instead send a cease and desist letter. You can file a formal complaint if the violator refuses to cooperate.
5.Question: What are the Different Types of Trademarks?
The distinction among trademark types is a little vague, but most marks fall into two categories: strong and weak. Strong trademarks are more distinctive and abstract, such as Google or Yahoo. If a trademark includes information about the company, what services are provided, or the company’s geographic location, the trademark is likely considered weak. Examples include Froot Loops, First Bank and Bed, Bath & Beyond. Weak trademarks have to explain themselves and do not rely on the strength of the brand to do the selling. Strong trademarks also receive more protection from the federal and state government, but it is always possible for a weak trademark to become more distinct as the name becomes more established.
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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.