How to Apply for a Trademark Application Without A Lawyer
- Have a Description of Your Trademark and Perform a "Clearance" Search When you want to register a trademark for your business, the first step in the process is relatively simple ...
- Find the Classification of the Good or Service The USPTO has a TEAS system ("Trademark Electronic Application System") which is a database that provides a classification for goods and services. ...
- Make a Drawing of Your Trademark Whether you are trying to register only text for your trademark, or you are going to have a design or both. ...
- Fill Out Your Application The USPTO website would require that you register for a user ID before proceeding with an online submission. ...
Full Answer
Do I need a lawyer to file my own trademark application?
Aug 08, 2020 · Fill Out Your Application The USPTO website would require that you register for a user ID before proceeding with an online submission. Fill out your application by using the information already gathered in steps one and two. Of course, this guide does not go into the fullness of detail that you may require for your application.
What should I consider before applying to register my trademark?
Mar 05, 2020 · Live. •. Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application. However, just because you can doesn’t mean you should–while the lack of initial legal fees may be appealing, filing an application without the assistance of a trademark attorney often ...
How do I apply for a trademark in California?
Filing your initial application, response form, and post registration accurately can speed up the process. You can help by reading these tips on avoiding processing delays. 1. Initial application forms. Apply for a trademark/servicemark on the Principal Register or a trademark/servicemark on the Supplemental Register.
How do I register a trademark in New York?
Practically everything can be done online. The wealth of information on the Web about trademarking makes it possible to become relatively savvy in a fairly short time, without consulting an attorney. Most of the information you need can be obtained at the US Patent and Trademark Office (also known as the PTO). But, there are numerous other Web sites that …
Can you apply for trademark by yourself?
Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application.
How do you trademark a phrase without a lawyer?
How to Trademark a SloganGo to the United States Patent and Trademark Office (USPTO) website.Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category.Submit your trademark application. Pay the filing fee.
What is the easiest way to file a trademark?
To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application. You can do this online, using the Trademark Electronic Application System (TEAS), an online trademark filing service, or you can submit a paper application.Jul 21, 2021
Do I need an attorney to register a trademark in the USA?
No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).
How hard is it to file for a trademark without a lawyer?
With trademarks, the entire process can be completed online pretty easily, even if you do it yourself without hiring an attorney. The United States Patent and Trademark Office, or USPTO, provides great self-help and a manageable online interview.
Can I trademark a phrase already used?
Trademarked phrases are only protected against the use of others in the same business class. The phrase must identify the commercial organization as the source of goods or services for the trademark. You cannot apply to trademark a phrase if the same phrase is already registered or has a pending application.Sep 6, 2021
What is the cheapest way to trademark?
The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.
What are the three requirements for trademarks?
What Are Trademark Requirements?Provide your name and address as owner of the trademark.State the entity type (individual or corporation) and your national citizenship.Demonstrate actual use or a real intent to use the trademark in commerce.Give a detailed description of the product being trademarked.More items...•Jul 8, 2020
What are the five steps in registering a trademark?
5 Steps to Trademark a Product Name Come up with a unique brand name for your product. ... Hire a trademark attorney. ... Perform a trademark search on the selected brand name. ... File your trademark application with the USPTO. ... Follow through with the USPTO during the application process.
How much does a trademark attorney cost?
Professional fees range from Rs. 999 and upwards per trademark per class + Rs. 4500/9000 as official fees per mark per class.Sep 15, 2017
Do I need a trademark agent?
Do you need a trademark agent? No, you do not “need” to hire a trademark agent to represent you before CIPO – you can act for yourself.
How long does a trademark last?
In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.Mar 21, 2019
What are the three types of trademarks?
Give Information About Your Mark. There are three types of trademarks: standard character mark, special form (stylized design), and sound. The first and most common type of trademark is a standard character mark, which is often just a word, phrase or slogan.
Can I use a trademark if it has already been registered?
This option is only used if you claim that your trademark has already been filed (but not yet registered) outside the U.S. Enter the country of foreign filing, the foreign application number and the date of the foreign filing.
What is a specimen in a trademark?
With a standard character mark or special form mark, the specimen is usually a PDF of your logo, in color if you are claiming color as part of a special form mark. With a soundmark, the specimen is a sound/motion file.
What is priority basis on intent to use?
For Priority basis on intent to use, you will enter the same information as 1-3 above for Priority Basis on Already Used in Commerce , but you must also check a box indicating that you understand “intent to use” as a filing basis.
What is a trademark?
A trademark identifies your goods and services to your customers. It can be a logo or a name as long as it is distinctive and connects the product to your business. The only requirements are that you are using it in commerce and that it is not so similar to someone else's trademark that customers could be confused.
How to use a trademark in commerce?
The easiest way to use your trademark in commerce is to label the goods that you sell. Nothing fancy is needed, labels made on your printer will suffice as you are getting started. Other uses to go along with your labels are business cards, flyers, signs, uniform patches, and display on your website.
What is a character mark?
A standard character mark, also called a word mark, is one or more words that make up your trademark.
How long does it take for a trademark to show up on a trademark application?
Track your application status. It may take up to a week for your application to show up in the Trademark Status & Document Retrieval System (TDSR). Once it is active, you will be able to track the status of your application.
What is a specimen for a trademark?
As part of your application, you have to show how you will be using the trademark. The specimen is a JPG file that can either be a photo of your product showing the trademark or a digital file of a tag, label, packaging, or sign.
How long does it take to file an objection to a trademark?
This is notice to the public that you are claiming the trademark. Opposition to your registration must be filed within 30 days of publication or any extension allowed by the USPTO. If someone files an objection to your trademark, consult with an attorney about your options.
How long does it take to complete a registration?
Schedule a time to file the registration. Find an uninterrupted time to complete the application. Once you access the system, you will have 60 minutes to complete the forms. There will be opportunities to extend that time, but if it expires, you will have to start over.
How many trademarks does Gerben Law Firm have?
Gerben Law Firm has registered over 4,500 trademarks since opening our doors in 2008. We work with clients from all 50 states, and, from 30+ countries around the world. Contact us today for a free consultation with a trademark attorney.
Who is Josh Gerben?
Josh Gerben, Esq. is the founder and principal of Gerben Law Firm. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 5,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.
How long does it take to register a trademark?
From beginning to end, the process of registering a trademark in the United States takes approximately eight to ten months. If you choose to hire a trademark attorney to assist with the application, your journey will start with the selection of your trademark and a subsequent search of the existing registry to ensure that no direct conflicts exist, as well as provide any necessary risk of refusal that may be relevant to your mark. During this time you will also determine the filing basis of your application, as well as provide the appropriate business and sales information needed to complete the application.
Isn't Filing a Trademark Application an Easy Process?
As I said before, on it's face, filing a trademark application seems to be fairly straightforward. You fill out some forms online, pay a fee, and voila, you submit the application. What's the big deal?
What makes Registering a Trademark so Difficult?
There are four main obstacles to acquiring a valid federal trademark. They are the initial naming process and trademark search, the application itself, handling correspondence from the USPTO, and the additional deadlines and hassles of dealing with the entire process. Let's take these one at at time.
What is trademark ID?
You can use the Trademark ID Manual to identify and classify what goods or services you’re offering. The number of classes of goods or services you include in your application affects how much your application costs. Once you file your initial application, you cannot expand the scope of your goods or services. You can only narrow or delete them.
Is my trademark application public record?
Your trademark application becomes public record once you submit it. Except for payment information, all personal information you submit to us, including your address and email address, will become part of a public record viewable on our website and other websites that index USPTO data, such as Google.
What is a filing basis?
Know your filing basis. A filing basis is the legal or statutory basis for filing an application to federally register a trademark in the United States. You must specify in your application which filing basis you’re using and meet the requirements for the basis you’ve selected.
What are the mistakes in trademark application?
Mistakes include: (i) not understanding the level of “use” required to support a use-based application; (ii) not understanding when to apply based on “intent-to-use”; (iii) applying to register the trademark in the wrong class; (iv) filing an improper specimen; (v) not understanding whether a mark is registerable as a trademark; and (vi) not developing an appropriate description of goods or services
What is the purpose of trademarks?
The purpose of a trademark is to indicate a single source of goods or services offered under a brand , and thereby prevent consumer confusion. If a trademark owner does not police her mark to ensure that third parties don’t use the same or a confusingly similar trademark, then the brand will become diluted.
How long does it take to get a patent?
Once an application is filed, it takes approximately 3-4 months before an attorney in the Patent and Trademark Office reviews it. If the application is perfect, it will be published for opposition. If it is unopposed, it will then be approved for registration.
How often do you have to file a statement of use?
If a trademark application is filed on an intent-to-use basis and a notice of allowance is issued, then the trademark owner must request extensions of time to file a statement of use every six months in order to maintain the application. Failing to file an extension request (or a statement of use) will result in the trademark application being ...
Provide Applicant Information
- Select “no” to whether an attorney is filing the application. Then, enter the name of the owner of mark, which can be either a business or an individual. If an individual is filing the application, enter that person’s country of citizenship. For a corporation, enter the state or country of incorporation. For an LLC, enter the state or country where...
Give Information About Your Mark
- There are three types of trademarks: standard character mark, special form (stylized design), and sound. The first and most common type of trademark is a standard character mark, which is often just a word, phrase or slogan. The second type of trademark is a special form mark, which is a stylized design and often contains words or phrases. With this type of mark, you will attach a JP…
The Optional Additional Statement
- You also have the option to enter various legal or informational statements that may pertain to the mark. The types of applicable facts existing at the time of filing include a claim of prior registration(s), translation, transliteration, the consent of an individual identified in the mark, or a concurrent use claim. Often filers choose to not enter any additional statement.
Selecting Goods/Services Information
- Your selection of goods/services must be precise and accurate. Do not simply select a listing that is close to your goods/services. Click “Add Goods/Services,” which takes you to the search page where you enter a word, number or phrase to search for Goods/Services. Enclose complete phrases in quotation marks. You can also search by the class number. Select the applicable Goo…
Choosing Which Basis For Filing to Assign Your Trademark
- You must select either 1a, 1b, 44d, or 44e. "Specimen" refers to your trademark. With a standard character mark or special form mark, the specimen is usually a PDF of your logo, in color if you are claiming color as part of a special form mark. With a soundmark, the specimen is a sound/motion file.
Review Your Information
- Carefully review all of the information you have entered. Make any corrections. Once you are satisfied that your information is correct and complete, click “continue.” If you are filing yourself without an attorney, make sure you do not click on attorney filing or appoint a domestic representative.
Fee Information and Signature
- You must choose one of three signature methods. The first and easiest method is to sign directly with an electronic signature by typing in your name. If you are an authorized representative of the mark owner, you can use this method. The second method is to have an e-mail form sent to a second party for signature. The third method is to print out a signature page, sign it and submit t…
Validation
- At this point, you have completed all of the mandatory fields and have successfully validated the form, although your application has not yet been filed to the USPTO. You must click “pay/submit.”
Isn't Filing A Trademark Application An Easy Process?
- As I said before, on it's face, filing a trademark application seems to be fairly straightforward. You fill out some forms online, pay a fee, and voila, you submit the application. What's the big deal? Here's the big deal… Are you aware that the vast majority of business owners that attempt to file their trademark application on their own actually ...
What Makes Registering A Trademark So Difficult?
- There are four main obstacles to acquiring a valid federal trademark. They are the initial naming process and trademark search, the application itself, handling correspondence from the USPTO, and the additional deadlines and hassles of dealing with the entire process. Let's take these one at at time.
What’s The Takeaway Here About The Trademark Application Process?
- You’re a busy entrepreneur. You want to build your business and protect your intellectual property. Your to-do list is probably a mile long. Filing and monitoring trademark applications is probably not high on your list of priorities, nor should it be. Leave the legal work to the ones that have been trained to handle these issues, the lawyers. At Hawthorn Law, we work with online businesses a…
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