In this world full of competition, every business wants to come up with a unique identity that is the most exciting part of entering the market. Your name and logo Are the key features of your business so it is necessary to protect them so nobody can steal them from you. Trademark is the way to protect your business features because it gives you the right to recognize your products with that name in the market.
Everyone gets to know that you are the owner of your intellectual property so it will stop anyone to use your name. If you have different confusions regarding trademark, then you can find a different perspective of discussion in this guest post.
Let’s Discuss Common Law Ownership
When you start your business then you automatically become the owner without registering it officially. But there are a lot of restrictions of common law ownership is that your brand name is only protected in the geographical area you are in. so you are not protected nationwide, so if you are planning to sell your product outside your area then you should register a trademark for your business with USPTO. It will help you to sell your products across the nation with their trademark services without having any risk of name theft or logo. Your brand name becomes your intellectual property in this way.
How Much Should Be Expected To Pay For Registering A Trademark?
As the common law offers restricted protection to your brand name so you need to register it with the federal trademark registration. For that, you are supposed to go to federal court to file a trademark infringement lawsuit. Therefore, if you want to expand your business and have a risk of name theft then you can go to register it. The average cost for trademark registration will be a flat legal fee of $950. As far as the government fee is concerned, it is about $350.
What Is The Process To File A Trademark Application?
A trademark application is not a simple document that is filled with a normal person. The more properly you fill the application with attaching the document, the more chances of your acceptance. There are dissimilar criteria for those who are registering their business the first time or for those who have already registered before and increased the agreement. Your trademark application should be filed with USPTO that includes different sections as follows:
- the address and name of the brand’s owner
- the brand name you want to trademark
- the products of your business, all goods, and services that you want to protect
- the basis of your business, if it already exists in the market (in commerce) or you did not introduce it yet (intent to use)
- A specimen of the package or label that shows your name if it is in commerce (meaning if you are using your name or product already in the market) in another case, you will need to provide it later.
What Should Be The Expectation After Registering?
Once you are done with the registration of the trademark, your registered trademark application is assigned to examine to the USPTO attorney for review. If your application is observed with some problems then you will receive a letter call office action that explains the problem in your application and you have 6 months to respond to those concerns. You are obliged to respond to those concerns within the deadline otherwise your application will be rejected started away.
If you get the response in terms of the approval for publication from the USP trademark office because you satisfy all the requirements. then it will allow people to oppose it if there is any discrepancy, in that case like if there is any opposition then you will be supposed to come up with the legal assistance to prevail.
What Can Be The Most Common Reasons For Trademark Application Rejection?
Before submitting your application, you should know the key facts of the trademark registration process that will help you a lot, and those are:
You have no right to register a trademark for a non-business purpose, you can only trademark your business logo or name. It may be already in use or intended to use in the future.
You are not supposed to registry a descriptive or generic name, because it must be unique and distinctive to be approved.
Your name should be biased like it should not create any confusion among consumers. It can happen when your name is closely similar to your competitor, or if that name is already registered or in the pending list to register. Then there are high chances to reject your application straight away. It can lead to confusing customers and have an image of some other brand for your products. That is the main reason that your application must specify the services and goods where this name would be supposed to use.
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