TRADEMARK REGISTRATION PROCESS

TRADEMARK REGISTRATION PROCESS

A trademark or service mark is a recognizable sign, smell, design, or expression which identifies products or services of a particular source from those of others.  The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, on the product itself, or simply displayed.  We file federal trademark applications in every United States for a $250 flat fee (mark/class), not including government filing fees.

Below we have answered the most common trademark registration process questions

YOUR QUESTIONS…


1.    How long does it take to register a trademark?

2.    My trademark was allowed, can I use it now?

OUR ANSWERS…

 

Trademark registration timelinE

How long does it take to register a trademark? It takes about 9 months on average for a federal trademark application to issue on a trademark logo, word mark, or service mark. The trademark application is examined at the USPTO and not simply recorded. Although a trademark can be allowed without use and trademark registration can never issue until a statement of use has been filed.

REGISTER MY TRADEMARK

WHAT HAPPENS AFTER MY TRADEMARK HAS BEEN ALLOWED?

After allowance, a trademark will be published for opposition. The Opposition period is 30 days. During the opposition period anyone who believes the registration could be harmful can oppose the trademark and possibly stop it from being registered by the USPTO. There are several grounds for opposition including, priority, descriptiveness and likelihood of confusion. The burden of proof is on the party filing the notice of opposition to put forth grounds supporting its notice of opposition. A statement of use must be filed for any intent to use trademark application within 6-months of the Opposition period.

FILE MY NOTICE OF OPPOSITION

WHAT STEPS ARE INVOLVED IN APPLYING FOR A TRADEMARK?

There are many steps required to register a trademark. Here’s a summary:

  1. Conduct a comprehensive trademark search

  2. Determine description of goods and services

  3. Draft and file trademark application with USPTO

  4. File Statement of Use for intent to use application

  5. Be patient through opposition period

  6. Pay maintentance fees

  7. Monitor trademark for trademark infringement