When To Start The Trademark Process
Applying for federal trademark registration is not necessary to gain the right to use a particular business name or logo. The right to use a particular mark in conjunction with a business selling goods or services is established merely by the use of the mark. However, the protections afforded by common law are narrow and limited in scope. Similarly, registering a business name within a state will only guarantee the use of the name within that state. For businesses with a national or international reach, trademark registration offers a number of advantages that help protect a business brand. The United States Patent and Trademark Office (USPTO) reviews and approves or denies all trademark applications. The process can take a year or more from start to finish and if a trademark application is denied, the process must be started again. Working with an experienced intellectual property attorney can potentially help expedite the process and can help you understand your legal rights. Call the experienced intellectual property attorneys at Polymath Legal PC at 833-931-6418 to get started with your trademark registration today.
What Is a Trademark?
A trademark is something that identifies a particular brand of goods or services and distinguishes it from the products of competitors. Trademarks refer generally to the marks that apply to both goods (trademark) and services (service mark). The USPTO says a trademark can be words, phrases, symbols, or designs in any combination if it is sufficiently unique. A registered trademark can accomplish the following:
Alerts the consumer about the business providing particular goods or services
Protects a business’s right to be distinguished from other suppliers of the same goods or services
Protects consumers by discouraging counterfeiting and fraud
A registered trademark must specifically identify the goods and/or services that are to be associated with the trademark. The trademark scope of protection is limited and only protects the mark from other similar marks that represent the same or very similar goods or services. Two marks may be identical as long as they represent clearly different products.
Why Registering a Trademark is Necessary
A person or entity does not need to register a trademark to get trademark protection. A person, company, or other entity can use a TM or an SM symbol with a trademark without registering the mark but the protections are limited to a local geographic area or within a state. So why register your trademark with the USPTO? You can only use the ® symbol and have nationwide protection for the mark if it is officially registered with the USPTO.
Registering a trademark provides the following legal rights:
Creates a legal presumption that the person who registers the mark owns the mark
Creates a legal presumption of the exclusive right to use the mark
Puts the public on notice that the mark is owned
The mark gets listed in the USPTO database
The mark owner can bring legal action in federal court to protect the mark
Registration can be recorded with the United States Customs & Border Protection
Registration makes it easier to obtain mark protection in foreign countries
Allows a mark to use the registered trademark symbol ®
How to Register a Trademark
Registering a trademark begins with completing an application through the Trademark Electronic Application System (TEAS) on the USPTO website. You can elect to provide all of the required information upfront in exchange for lower applications fees (TEAS Plus) or you can pay larger fees upfront in exchange for more time to provide the required information (TEAS Standard).
Trademark registration application fees are due at the time an application is submitted and are non-refundable if an application is denied. The application gets reviewed by an examining attorney. If there are problems an applicant may receive an office action letter advising the steps that can be taken to rectify the application. If the problems cannot be corrected, the application will be denied. Denial can be appealed to the Trademark Trial and Appeal Board (TTAB).
Common Problems with Trademark Registration Applications
When completing a trademark registration application, mistakes can be costly. Some common mistakes are not fixable so it is important to get your trademark registered on the first application, if possible.
The USPTO cites common problems in applications. Two common reasons that trademark applications are denied speak to the need to do the research before submitting an application.
Likelihood of confusion – If a trademark is too similar to another trademark covering the same or related goods or services, the trademark will be denied. Doing the proper research before submitting an application can save both time and money.
The mark is weak and would be difficult to legally defend – A mark is considered weak if it does not sufficiently distinguish a company’s goods or services from other companies that provide similar goods or services. Marks that are descriptive of the product or service are generally considered weak marks. A mark is considered strong when it is unique in a way that can be easily distinguished from other companies. Marks that are made-up words or that have nothing to do with the product or service are usually strong marks.
The Best Time to Start the Trademark Process
If you are wondering when to start the trademark process, the answer is as soon as possible. By starting the search process you will find out if the mark you are using or want to use is already in use so that you are not wasting time or infringing on someone else’s trademark. The sooner an application is submitted, the sooner a mark will be protected from others who may want to register a similar mark.
It typically takes a year or more to get a trademark registered by the USPTO. There is at least a several-month wait period before a newly submitted application will be reviewed. Requests for clarification or additional information can further stall the process. Once an application is initially approved there is a 30 day public opposition period during which people can oppose a trademark registration. Additionally, it can take several more months before notification of registration is received.
Contact an Experienced Intellectual Property Attorney Today To Learn More
Completing an application and paying the fee to the USPTO does not guarantee that a mark will be registered. It is important to take the time to make sure the mark that is submitted has a strong chance of being registered. Thorough preparation can also improve the chances of getting your trademark registered more quickly. Registering a trademark is an investment in your business. To ensure your intellectual property remains protected, and to learn how to register your trademark, contact the experienced intellectual property attorneys at Polymath Legal PC at 833-931-6418 today.