A trademark is a visual representation of name or label that separates the particular business from other business in the same industry. It is with the help of a trademark that a customer can identify the brand which is important for a business to grow. Thus, registering the trademark becomes crucial from both perspectives – increasing brand awareness and distinguishing your brand from others. So, let’s take a comprehensive rundown of the trademark registration procedure in the following section.
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Trademark Registration Process
The process to register your trademark might be elongated but once you understand the ins and outs of trademark registration it comes easy to get your trademark registered. Below, we have listed down the trademark filing procedure for your easy understanding.
- Trademark Search – Conducting a trademark search is the first step prior to filing the trademark. However, most of the businesses do not find it necessary to conduct a trademark search. A trademark search provides you information about the existence of similar trademarks and indicates you about the possibility of trademark litigation. A trademark search gives you an insight into the use of the proposed trademark. A Trademark search is useful in multiple ways by informing you how strong your trademark is.
- Filing Trademark Application – After you have conducted the trademark search, it is time to file the trademark application. Because you will have to mention the details of your trademark in the trademark application, you will have to choose between two filing basis :
- Use in Commerce – This type of filing basis is used when the trademark is already in use. You will have to provide the proof for the same.
- Intent To Use – This type of filing basis is chosen when you want to use the trademark in the future.
- Preparation of Application – The application forms are available on the official website of USPTO. USPTO has established a dedicated electronic system named TEAS that helps in filing the application form. You can also file your application offline. You will have to submit the application to the USPTO.
- Examination of Application – The examination process begins as soon as your trademark application reaches to the trademark office. The examiner begins by reviewing the application and confirms if your trademark application meets the minimum filing requirements. The USPTO will assign you the application number and forward the application to the examiner attorney. The examiner will review your application. If the examiner finds any deficiencies in your trademark application, he will send an office action citing reasons for the refusal of application. The applicant will have to amend the claim as stated by the examiner within 6 months of the action.
- Approval/Denial of Trademark – The examiner will either approve your request for trademark or deny it. It totally depends upon the response you draft, which is why you should be careful while drafting response.
- Publication of Trademark – After the examiner approves the trademark, the USPTO will publish the mark in “Official Gazette” which is a weekly publication. Any individual can raise objection to the mark within 30 day of publishing. If no one raises an objection, you will receive a notice of allowance.
- Notice of Allowance – The USPTO issues a notice of allowance if nobody has opposed the trademark published in the official gazette of the USPTO.
- Filing the Statement of Use (SOU) – The applicant will have to file a statement of use within 6 months after the issue of notice of allowance. The applicant needs to use the trademark in commerce.
- Reviewing the Statement of Use – The Statement of use will be passed on the examiner attorneys who will determine whether it is acceptable. The SOU must meet the minimum criteria.
- Registration of Trademark – Once the statement of use is reviewed and approved by the attorneys, your trademark will be registered within 2 months. The applicant must file specific maintenance documents as well.
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Things to Remember During Trademark Registration
Trademark registration means juggling between multiple things, which makes it a bit of complicated and lengthy. There are a few things that an applicant must keep in mind while registering for trademark.
- Firstly, it can save you from future litigations.
- Secondly, the applicants should frequently monitor the status of trademark.
- You should always be mindful of the “Trademark-filing basis” prior to beginning the trademark registration process.
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Your Patent Team features a team of experts who have hands on experience in trademark filing. The team of experts has deep understanding and knowledge to file a trademark application. YPT adheres to the guidelines and trademark related laws to ensure safety of client’s trademark. To know more about our services, click here.
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