The USPTO filing fee for an application to register a trademark is $325 per international class. An international class is a category in which a trademark is or will be used. For example, tools, musical instruments, clothing, etc.
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
No, you are not required to register your trademark. However, federal registration has several advantages including notice to the public of the your claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in your registration.
There are several benefits of federal trademark registration. Registration of your trademark provides constructive notice nationwide of the your claim, it provides evidence of ownership of the trademark, it gives federal courts jurisdiction over matters related to your trademark, it can be used as a basis for obtaining registration in foreign countries, and when registration is filed with U.S. Customs Service, it can prevent importation of infringing foreign goods.
The owner of the trademark may file an application for its registration, but no one else. An application filed by a person who is not the owner of the mark will be declared void. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used, is the owner of the mark.
No, U.S. citizenship is not required to obtain federal registration of a trademark. However, an applicant's citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.
You do not have to employ an attorney to file your trademark application. However, you must comply with all substantive and procedural requirements of the Trademark Act and Trademark Rules of Practice even if you are not represented by an attorney. Therefore, it may be in your best interest to contact a trademark attorney in your area who is on NowLegal.
It is difficult to predict how long it will take for an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately six months after filing. However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application. Current status information on trademark applications and registrations may be obtained by dialing: (703) 305-8747, or by accessing Trademark Applications and Registrations Retrieval (TARR) database on the Office's World Wide Web site at http://www.uspto.gov/go/tarr/. Applicants should check on the status of their pending applications every six months. .
For a trademark registration to remain valid, an Affidavit of Use must be filed: (1) between the fifth and sixth year following registration and (2) within the year before the end of every ten-year period after the date of registration.
Assuming that an affidavit of use is timely filed, registrations granted prior to November 16, 1989 have a 20-year term. Registrations granted on or after November 16, 1989 have a 10-year term. Trademarks can be renewed for an additional 10-year term.
Once you receive a filing receipt containing the serial number of your application, you may check on the status of applications and registrations through the Trademark Applications and Registrations Retrieval (TARR) database on the Office's World Wide Web site at http://www.uspto.gov/go/tarr/.
Yes. The USPTO will refuse to register matter if it does not function as a trademark. Not all words, names, symbols or devices function as trademarks. For example, matter which is merely the generic name of the goods on which it is used cannot be registered. Under the Trademark Act, there are several grounds for refusal, such as: the mark comprises immoral, deceptive, or scandalous matter; the mark is merely descriptive or deceptively misdescriptive of applicant's goods or services; or the mark on applicant's goods or services are likely to cause confusion, mistake, or deception.
