Registering a Trademark

Registering a Trademark

The trademark registration process generally takes approximately 6 to 12 months from start to finish, although it can last longer. After you file an application, the USPTO will assign your file a serial number and send you a receipt almost instantly upon your filing. An attorney for the USPTO will examine the application and publish the trademark in the Official Gazette. Other parties will have 30 days from the publication date to object to registration of the trademark. Then, if your trademark clears all hurdles, the USPTO will either issue a Certificate of Registration (if the application is based on actual use) or a Notice of Allowance (if the application is based on intended use).

 

 
  • Trademark Statement of Use
    To register a trademark with the U.S. Patent and Trademark Office (USPTO), you must prove that you are actively using your trademark to sell goods or sell or advertise services. In other words, you cannot register a trademark simply to tie up the rights to it. You must actually use it in commerce...
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  • Requirements for Filing Statement of Use
    Along with your Statement of Use, you must provide to the USPTO: (1) a filing fee for each class of goods or services, and (2) a specimen showing use of the trademark for each class of goods or services that you originally selected. Your trademark can only be registered in those classes and those...
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  • A Word About Trademark Specimens
    A trademark specimen is a real-world example of how you are using your trademark on goods or in the offer of services. A specimen is more than just a picture of your trademark or logo. For goods (products), acceptable specimens include labels, tags, packaging material, instruction manuals and...
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  • Time Frame for Filing a Trademark Statement of Use
    To complete the trademark registration process, you must file a Trademark Statement of Use within the following time period:
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  • Searching for Conflicting Trademarks
    While you are not required to search for conflicting trademarks, it is highly recommended. Should there be any existing trademarks already federally registered that conflict with yours, your application can be denied and your filing fees would not be refundable. Additionally, since trademarks can...
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  • Legal Requirements for Registering Your Trademark
    There are four basic requirements for filing a trademark (or service mark) with the U.S. Patent and Trademark Office (USPTO). The trademark must be applied for under the actual owner's name. The owner of the trademark is the person who controls the nature and the quality of the goods sold or the...
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