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US Trademark Registration FAQs

Updated:2018-12-27 11:07:02    Source:www.tannet-group.comViews:808

US Trademark Registration is governed by the U.S. Patent and Trademark Office (USPTO). Basically, there are two types of trademark applications available to an applicant seeking trademark registration. Filing the correct application with the USPTO is crucial to the validity of your mark, it is important that you contact an attorney to help you determine the right application for you and your business’s needs.

Q: What are the required materials?
1. The name of the applicant.
2. A name and address to which the USPTO should send correspondence.
3. For design and other nontraditional marks, a clear drawing of the mark.
4. A listing of the goods and/or services that are or will be sold or offered in connection with the mark.

Q: What are the legal requirement on applicant?
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 services rendered under the trademark. The owner can be an individual. The owner can also be a partnership, corporation or association. If the owner is a corporation, then the applicant's name is the corporation's name.

The applicant must specify what type of entity it is (individual, corporation, etc.) and its national citizenship. The applicant is not required to have U.S. citizenship but everyone must state his, her, or its citizenship on a trademark application.

Q: How long will it take before I know if my application has been accepted?
The USPTO processes applications for recordal and renewal in the order in which they are received. In the event a submission does not contain all of the required elements, the USPTO will return the entire application, along with a letter explaining the missing elements. A new application containing all of the required elements must be submitted. Generally, processing time varies from 7 to 10 working days, with delays possible due to federal holidays.

Q: What will be the time-frame for Registration?
U.S. trademark applications can take anywhere from 12-18 months from time of initial filing to approval for registration. However, this timeline make take additional time depending on the specifics of each application, the timeliness of responses by the applicant and whether opposition proceedings are commenced and litigated.

Q: How long does federal trademark registration last?
Once a trademark or service mark is placed on the U.S. Patent and Trademark Office's (USPTO's) Principal Register, the owner receives a certificate of registration good for an initial term of ten years. The registration may lapse before the ten-year period expires, however, unless the owner files a statement within six years of the registration date stating that the mark is still in use in commerce.

Q: What is the difference between Actual Use and Intent to Use?
Actual Use Application is an application used by an applicant that is currently using their trademark in commerce in relation to the goods and/or services they offer or sell.

Intent to Use Application is just that, an application filed based upon an intent to use a particular name. In other words, it is an application filed by an Applicant who is not yet using their trademark in commerce but has plans to do so in the future. Therefore, the question is whether you are using your mark in commerce.

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