Trademark Application Process: Everything You Need to Know
The trademark application process is needed when you are using a logo or other identifying mark to represent your company, product or service.3 min read
What Is the Trademark Application Process Like?
The trademark application process is needed when you are using a logo or other identifying mark to represent your company, product or service. If it is original, United States Patent and Trademark Office (USPTO) will consider various conventional markings, such as a phrase, design, or mixture of marks, along with nontraditional and non-visual marks, such as shading, form/configuration, scents, tastes, sounds, contact and movement markings, and also a collection of marks and certification marks for a trademark.
- Scent or Taste Mark: The applicant should submit substantial proof of acquired distinctiveness, an in-depth written description of the scent or taste, and a specimen that incorporates the scent or taste that matches the required description of the scent or taste.
- Contact Mark: The mark should be represented graphically.
- Movement Mark: If the mark consists of movement (i.e., a repetitive movement of quick period) as a function, the applicant might submit a drawing that depicts both a single level within the motion or as many as five freeze frames exhibiting numerous factors within the motion, whichever setup conveys the industrial impression of the mark.
- When submitting for a Movement Mark, the applicant should additionally present an in-depth description of the movement.
- Collective Membership Mark: The mark should be utilized by the members of a cooperative, an affiliation, or another collective group or groups.
- Certification Mark: Any phrase, title, image, and/or machine utilized by an individual apart from its proprietor to certify regional or different origin, materials, mode of manufacture, high quality, accuracy, or different traits of such individual’s items or companies. Or, that the work or labor on the products or companies was carried out by members of a union or different group.
What Happens After the Application Is Filed?
The USPTO will provide an official submission receipt by email if the application is filed electronically or by mail when filed on paper. A serial number will likely be assigned, and the main points of the application will appear on the USPTO’s web site within 14 days of submission. Progress can be tracked at http://tsdr.uspto.gov/. Usually, an application is examined in three to four months. If the USPTO examiner disagrees with registering the mark based on a comparable chance of it being confused with other marks already in the USPTO register, or if they determine that the mark is only descriptive of the claimed product, service or company, or they bring up other issues that need to be addressed before the application can go further, they will do this by issuing a Workplace Motion. This Workplace Motion will specify the specific objections raised by the USPTO examiner. The applicant should reply to the Workplace Motion within six months of its mailing date, otherwise the application will be considered discarded.
What Is Involved in Preparation of the Trademark Application?
A trademark is not going to be formally registered until the mark is definitely in industrial use, and the interval for this to happen is restricted. Thus, one cannot "reserve" a trademark for an indefinite time period. The applicant should signal a declaration that, to the best of their knowledge, there is no other entity making use of the proposed mark or anything closely resembling it such that the proposed use would result in confusion in that industry or consumer space.
Typical USPTO fees for submitting a trademark registration and its supporting documentation are $200 to $1,000, depending upon the complexity of the proposed mark.
What Is a Trademark?
A trademark is any title, phrase, emblem, design, or image that is used to identify a company or product, and which distinguishes a company, service, or product from other companies, services, or products. A trademark provides a buyer with recognition of a particular product, service, or company. For example, the Nike logo helps consumers in identifying the company and their products and services from competitors. Trademarks are different from patents, which shield innovations and the concepts that produce a product. In other words, a trademark helps a company to distinguish itself from other competitors in a specific industry.
Are you already using a logo or image for your company and want to trademark it? Get help with a trademark application by posting your legal need on the UpCounsel marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.