A trademark is a common term in the business industry. With the presence of trademark, you as an entrepreneur are benefited of many things. You will reap numerous advantages if you opt to register your trademark through federal registration.
Some significant benefits which you can obtain with a registered trademark through federal registration are the following:
* You have lawful rights of any ensuing proceedings concerning the trademark.
* Through a “constructive notice,” you have the ability to inform all entities that the trademark is your absolute property.
* The scope of “trademark right” is bigger since you are not confined with simply a state or common law. With this, your trademark will take pleasure in being protected in a national scale from possible encroachment.
* With federal registration, there is a high chance for you to register trademarks of various goods or services. Some state or common law has limitations to definite products or services in the said location.
* After five years of being registered under the federal registration, your trademark becomes “irrefutable.”
Now that you have learned the many benefits of registering your trademark through federal registration, then the next thing you should learn is the proper registration process.
As an applicant you should present the following:
* A completed application form. It is a must to carefully read instructions before you write anything on the application form. Your application may be considered invalid if you do not follow necessary instructions.
* A well-prepared illustration of the mark. The illustration must be clearly shown on a clean sheet of paper.
* A registration fee. The required registration depends on the type of goods or services an entrepreneur wants to register. For intent-to-use applications, there is an apt surcharge. Payments can be made via check or money order which is billed to “The Assistant Commissioner for Trademarks.”
Your application can be submitted to the office of United States Patent and Trademark Office (USPTO). For a more convenient filing, you can submit your application online, in the website of the said office.
Once you have submitted your application, USPTO then issues your filed trademark as an applicant for federal trademark registration. This is done to notify the public the trademark that is to be evaluated. Moreover, with the trademark being publicized, organizations that have objections can have a room to contest.
You need to know that there are standard rules which USPTO follow to approve a trademark. Your trademark will most likely get disapproval from their office if it includes:
* Names (first names or surnames) of living individuals. The application may be reconsidered if trademarks with a living individuals’ name has the person’s permission.
* Terms and signs that mock names of people, institutions, principle or national symbols.
* Distinctive signs of government institutions.
* Names of the late US Presidents. It can be reconsidered if there is permission from the widow.
* The flag of the United States.
* Trademarks signifying dissolute and disgraceful are not considered by USPTO.
Hence, if you wish your trademark to be approved and registered, you need to avoid the above-mentioned items.
When the examiner does not perceive any intolerable markings in your trademark, then he will resume with the evaluation. The following criteria are being taken into consideration by the examiner:
* The type of goods or services and how it is described by the applicant.
* The kind of mark. The examiner will have a close look whether the mark is distinct from others.
A filed trademark which does not get any disagreement from other entities, then the finalization of registration may take two to three months to be processed. Once you obtained a “Certificate of Registration,” then you now have the right to use the trademark symbol which denotes that your trademark has been registered. A circle with an R inside ® is the registered trademark symbol.
You will enjoy a registered and protected trademark for a preliminary duration of ten years. To continue enjoying the many benefits of a federal registered trademark, you need to update your registration by your fifth or sixth year.
A lawyer who specializes in federal trademark will be most helpful for you to finish your trademark application.
Patents and Trademarks
In the advent world of technology, most people especially those who are techie fanatics wants to have their own domain.
A domain is a name which distinguishes IP addresses. For you to recognize a particular web page, domain names are needed. Every domain name has a suffix after it to indicate its category or what they call “top level domain,” (TLD). Some of the common categorical suffixes are:
* .com - denotes commercial establishments
* .net - denotes network associations
* .org - denotes an organization
* .edu - denotes educational institutions
* .mil - denotes the Military group
* .gov - denotes government institutions
* .ca - denotes Canadian territories
A lot of people wish to secure their own domain name. While some wish to do this for personal use, majority needs it as a marketing tool for their business to flourish.
If you will be choosing a domain name for business use, you must first pick an identifier from the above-mentioned suffixes. For the domain name you can:
1. Choose your own business name. For instance, your business name is “speed articles,” then you can have it as a domain name.
2. Choose a new domain name. If you decide to choose a new domain name, make sure that the name itself is “catchy” and your target market will easily remember it. In addition, your new domain name should have a link to the product or service you are offering. Most importantly, it should not have the same domain name as others.
There are business owners who are not satisfied with having their own domain names. Some wants the domain name to be trademarked.
Who says you cannot make your domain a trademark*! You can.
While some people argue that it is difficult to make your domain a trademark, there are those who disagree. With proper rules to follow you can make your domain a trademark.
* Select a domain name that is distinct and crafty. By doing so, you will not encounter much difficulty in protecting your domain name as trademarks. Additionally, domain names that employ geographic identifiers or surnames are not likely to be given trademark protection.
* You need to verify your domain name. There should not be two the same domain names. Having so, your wish to have your domain name trademarked will be disapproved. Hence, it is highly recommended that you undertake a thorough research to see if your domain name has not yet been taken.
* After you have gone through with your “domain name search,” and you found out that your domain name is exclusive for your use only, then the next step is to trademark your domain name.
Some say that it is not necessary to have a domain name trademarked and registered. However, majority of entrepreneurs recommend that you trademark and register your domain name. By doing so, you will have authority to implement your rights when someone attempts to use your domain name.
To help you with the registration process, you can seek professional help from a lawyer who specializes in trademarking and who is also knowledgeable about the internet technology.
A domain name can be trademarked with the United States Patent and Trademark Office (USPTO). You need to obtain an application from the said office. Once you have completed an application form and complied with the requirements given by the office then you can submit it for evaluation.
The evaluation may take months after you will be given a result. As you wait for the decision, you may temporarily use the TM symbol to notify the public that you have rights over the domain name. Once the decision has been out and your application was approved then you can now lawfully use the trademark symbol, "®".
Once you have registered for your domain name as a trademark, you will have ten years protection. However, during the fifth or sixth month you will be asked to file an affirmation to continue the registration. If you do not file within the specified time, then your registration may be withdrawn.
There is no problem if you want to trademarked your domain name; all you need to do is undertake the necessary steps to fulfill your goal. After all, there are many posed benefits if you own a trademarked domain name.
Patents and Trademarks
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