Putting up a business, especially a large scale one, entails a lot of requirements that the owner or proprietor must be able to meet. This includes local business permits, state requirements, and all other paper that are deemed necessary in organizing your business. If you're thinking of putting up a business, then why not register a trademark?
Trademark is considered as an intellectual property either for a business or a person. If you want to keep your mark, the best way is to trademark it. And when you're talking about trademarks, you need to be patient.
You can't put up a business if you're not confident that it will succeed. More or less, you've done your extensive research and study before coming up with such endeavor. And if you're business is already on its way to the top, you will most likely apply for a trademark and that can be in the form of a logo, brand or whatever.
Securing a trademark is not that difficult. You can go to the USPTO office, or you can log on to their website to get the necessary information that you need in applying for a trademark. The application process is very simple, but what makes it annoying is the time. That is why you really need to exercise a lot of patience when you're applying for a trademark.
This is an ordeal that you have to deal with. Technically, the entire process is not complicated. First, you must make a thorough search online to check that there's no existing trademark similar or identical to yours. It would be best to hire professional help in your search just to be sure. The next step is to fill out application forms and file your application online. Usually, the patent and trademark office will designate an attorney for your application. The attorney will either approve or reject your application. He/she will let you clarify through correspondence if there are unclear aspects in your application. The USPTO is an agency of the government, so you can expect a lag time.
You must know that it isn't mandatory to register a trademark. However, those that do have registered trademarks are at a great advantage over those businesses that have one, why? If you have a registered trademark, the people will immediately be aware of it, as well as your competitors. No one will interfere with your business or try to confuse your customers because you can file a court action to any business or person who attempts to infringe your name. Your business is protected and your name is individualized; therefore you can have a lot of peace of mind if you have a registered trademark.
Confusions among businesses are a usual occurrence but if you're products and services are registered, there is no need to worry. You can use the symbol 'circle R'; establish your brand identity, and exercise exclusive rights within the industry and throughout the country.
Once you've filed your application, you will wait for about two months before you can receive a postcard from USPTO and it verifies that your application has been received by the office. After that, you will not hear anything from the office for at least six months or even more. The application seems to take forever, and once you receive another correspondence stating that your application has been accepted, you will again wait for another month before it is published and become approved. However, if the office needs clarification, be sure to send it within 30-60 days. After that, you have to wait for another two or four months. Most registered trademark applications take over a year, and you're quite lucky if your application was approved less than one year.
So if you have an outstanding trademark application, don’t worry if you haven't received any correspondence from the USPTO, it's an SOP of the office. In the meantime, you can continue your business while you're waiting for the application to be approved. Remember, if you want to have an edge in your chosen industry, have a registered trademark.
If you're one of those businesses that are not trademarked, you'd better think twice of the possible ramifications that you may encounter. So why wait for it to come? Secure an application today and be protected.
Patents and Trademarks
A Registered trademark is a very important communicator. It helps in establishing the identities of the brands and protects creative works from plagiarism or theft. In spite of its symbolic and legal power, the symbol needs to softly speak, typographically speaking. Its appropriate and tasteful use is only little, but in good typography, this is considered significant.
The register trademark's size and design widely vary from fonts. This can give the owner lots of choices. The good news is that they can combine and match the symbol with other type of fonts. However, most people prefer the combination of using the same fonts and symbols. It can include a serif symbol with a serif font or sans symbol with sans font. This procedure is completely acceptable and preferable sometimes for substituting sans symbol with a clear text. It can include using the ITC Franklin gothic or Arial fonts. These can provide a more readable symbol which also produces clear prints even when the size is small.
The size of this symbol as been mentioned varies from one type of fonts to another. Using ® after a word can adjust its point size to make it legible and clean but unobtrusive. There are few general guidelines in doing this.
The symbol must be half the height of the text's size. As the text becomes larger, proportionality must never be taken for granted. In using register trademarks in headlines, make sure that it is proportionately smaller than the texts.
The ® symbol is used to denote that a particular trademark is registered with the government or other registering institutions. But to be considered eligible, it must perform important trademark function and contains distinctive characters. It should be understood that registration is a continuous process provided that marks are inherently distinctive.
1. Inherently or fanciful trademark. This is a good candidate for registration if it is used for the first time. It is made entirely of a fanciful or invented sign. Take for instance; Kodak has no meaning but after it was adopted and utilized as a trademark for goods associated with photography, proprietary rights are already achieved. Invented marks are considered neologisms, meaning it was not previously found in dictionaries.
2. Arbitrary trademarks are commonly used to refer meaningless contexts such as Apple for denoting computers. Marks such as this consist of images or words which already exist in dictionaries before its trademark adaptation in connection with services or products. But the meaning is unrelated to what is stated in the dictionary. For example, Salty Refrigerators doesn't necessarily mean salty or anything related to salt.
3. Suggestive trademark is used to indicate the quality, characteristics, or nature of the services or products in connection to its usage. Nevertheless, it does not directly describe such features. So, consumer needs to use their imagination to identify such characteristics. Perceptive imagination is needed for suggestive marks. One typical example is using the word Salty to denote sailing gears.
4. Descriptive marks are terms with meanings in the dictionary. These are used directly for services or products related to its meaning. Salty can be used to refer anchovies or saltine crackers. But such terms can be only registered if distinctive character was been established in the market place after its extensive usage.
5. Generic terms are commonly used for services or products associated with its usage. Salt can be used to refer sodium chloride products. However, these terms do not serve important trademark functions to distinguish services or products form other existing services or products. Legal protection can be denied. This is because these terms are generally used without the use of any organization's propriety trademarks. Later on, these terms are considered as genericized trademarks.
Generally, the method for distinctive character assessment of a trademark is to see the reaction of consumers. Thus, a trademark can only be registered inherently if the consumers never encountered or heard the mark in the past. Moreover, a mark cannot be accepted if information about the characteristics of services or products is apparent. It can include words such as large, black, sweet, or delicious when denoting fruits.
The owners should follow the primary consideration when selecting trademarks to become good candidates for registration. In this way, they can use the symbol ® and obtain the benefits of propriety rights.
Patents and Trademarks
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