How To File Trademarks

By Alexander Gordon

Various companies, in strive to achieve higher market shares and widespread popularity tend to ignore the importance of trademark registration. Getting a trademark registration, though not a legal mandate, is as crucial as thinking of a name itself. The overall brand management and associated marketing efforts could go down the drain if the trademark is not registered. The registration of a trademark with the concerned authorities makes you the unique owner of a particular name or design and hence reduces possibilities of falsification or duplication in name.

Check Before You Invest: It is suggested to undertake an assiduous search before thinking or launching a brand name to affirm if somebody else has already registered the specific name. A preliminary search can be undertaken on the various websites offering such services free of cost, however for an extensive search it is suggested to hire a professional i.e. private firm involved in such researches or an attorney.

Registration Alternatives: The trademark can be registered either as a state or as federal trademark. The option to be selected from the stated depends upon the area of operation. In the case product is restricted to one state, the state trademark would be fine however, in the case the operations would be spread across at least two states, and federal trademark is considered appropriate.

Additionally trademarks can be filed in three situations i.e.: based on the use, based on a bonafide intention to use or for an application outside the country.

Registration Process: Depending upon the alternative selected, you can download the respective application as available online. The applications must be deposited along with the requisite registration fee and mentioned information:

• The legal name of the applicant (often a corporate name);

• The state of incorporation (for a corporation) or the country of citizenship (for an individual);

• The exact form of the mark;

• The use details

• A description of goods or services with which the mark will be used; and

• The international classification(s) for the goods and services

The applications are carefully scrutinized by the respective departments. A unique number indicating the acknowledgement is sent out to the applicant. This number is used in future correspondence. After about 4 months of filling, the applications are reviewed and corrections or objections are outlined which must be catered to by the applicant within 6 months. In case the objections are still not clarified, the application could be abandoned. However, in spite of the applicant’s clarifications, there are situations when the authorities are not satisfied and can reject the application. The applicant in such eventuality can appeal to Trademark Trial or Appeal board.

One can register a trademark all by one self however considering the implicit legal proceedings and requirements it is suggested to opt for professional help. There are firms or agents who deal in such related activities and have complete expertise of the procedures and anticipated issues.

Alexander Gordon is a writer for - The Small Business Consulting Community. Sign-up for the free success steps newsletter and get our booklet valued at $24.95 for free as a special bonus. The newsletter provides daily strategies on starting and significantly growing a business.

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