How do I File for Trademark Registration
Registration of trademarks in the USA is required. Legal protection for your trademark is a must. But, there are many benefits. The first advantage is the legal rights to the trademark. It signifies that if any infringement of your intellectual property rights occurs, for instance you will be able to sue the offending party.
The second benefit is exclusive ownership. The USPTO allows the registration of your trademark without restrictions. Even if you do not produce or sell goods or services using those marks, your registration status is still valid. Any symbol, name, or design change can be registered as trademarks.
You are not required to disclose your name, address and birth date when you file your trademark in the USA as a sole proprietor. However you are required to provide the name of the individual who is responsible for these business activities. Also, the USPTO does not require you to divulge your trademark’s name, address, etc., until ten years after your trademark registration in the USA. The expiry date doesn’t mean that you’ve lost the rights of a registered owner of the mark. It is instead a notification that your trademark is outdated and cannot be used to register the same. The rights expire after 10 years and must be renewed before they can be used again.
A trademark application can be filed in the USA within two years. The trademark is registered, and becomes an US trademark after it is approved. If you fail this step, then the trademark you registered in USA is transformed into a trademark in the US. This means that the trademark was cancelled even though it was already registered. It is possible to renew the registration by filing an application. However, this procedure will require you to file a new application within 6 weeks.
Before you can file your trademark in America, you must first determine if your brand logo or name is unique and can’t be copied. If you plan on using colors, fonts and other elements that are unique you must file an application to register through the USPTO. This includes elements like designs, slogans, patterns illustrations and images. Registration is required if you intend to sell your products in America.
A trademark application can’t be filed without a clear drawing showing the products or designs you want to protect. The original design must be shown by the person applying. It should be of high-resolution. To determine if the applicant’s product truly unique, USPTO will need a prescription.
Foreign applications are a different alternative to request trademark registrations in USA. Foreign applications require the applicant to provide one original document, as well as six translations and one of them in English, Spanish German, French, German, Russian and German. Each translation document has to be supported by a translator’s signature certification. The whole process can take anywhere from six months to one year, and is priced at the same amount as submitting a US trademark application.
It is not easy to apply for trademark registration in the USA. The process could take months of study and many drafts before you’re capable of filing the required documents. This is a possibility with the right amount of patience, skill and knowledge.