Trademark electronic filing system
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If any opposition is filed, then there is a court-like proceeding to resolve the dispute. If, on the other hand, no opposition is filed, then the USPTO will register the mark and issue you a certificate of registration, so long as you submitted a use-based application. Keep in mind that it may take several months after the publication period is over for registration to issue. If you submitted an intent to use application, then the USPTO will issue a Notice of Allowance, which requires you to take an additional step of submitting evidence of use of the mark in commerce.
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Assuming the examining attorney approves the statement of use, then the mark will be registered and a certificate of registration will be issued. That means filing certain documents and paying fees every sixth and tenth year. These filings are also referred to as Section 8 Declarations. In addition, every tenth year, you should file a Renewal Application, which is also referred to as a Section 9 Renewal Application. So, to recap, every sixth year you should file a Section 8 Declaration, and every tenth year, you should file both a Section 8 Declaration and a Section 9 Renewal Application.
If you fail to do so, your trademark registration will be canceled. A number of the steps in preparing and submitting a trademark application can be done without the help of a trademark lawyer. In addition, there are several steps, like selecting classes of goods and services and accurately describing them, that are somewhat technical and thus more difficult for a non-lawyer to get right the first time. And if you draw an office action, it can be very hard to respond appropriately without the help of a lawyer.
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The Bases For Filing Your trademark application must be based on either 1 use in commerce or 2 intent to use in the future. Before filing your trademark, be sure to consider the following….
Ownership of Your Trademark- Establishing the proper chain of ownership is key to creating a solid foundation for your trademark application. If you choose to file a trademark with a corporate entity as the owner, first confirm with the state department or department of commerce in the state in which the entity is organized that the entity is active and in good standing.
If you file a trademark in the name of a company that does not exist your trademark filing could be void from the start and the resulting registration worthless. Proper Identification- Properly identifying the goods and services connected to your mark is a significant aspect of filing your trademark application.
Although the USPTO provides an online ID manual to guide trademark filers in assessing which classes your goods or services would fall within, unknowingly misidentifying your goods or services could ultimately limit the scope of your trademark rights. Commercial Use or Not - Typically, trademark rights are established by using the mark in commerce.
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Furthermore, determining the minimum amount of sales sufficient to prove use can vary based on the type of industry, or products being sold. However, with the above in mind, once your business is operational and has regular customers or clients, a basic screenshot of the website where the service or products can be purchased may be sufficient, so long as the trademark is prominently displayed. If your trademark is associated with a product, generally a photograph of the product, with the trademark clearly visible on the product, packaging, or hang-tag is also necessary to act as a proper specimen.
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R Symbol On the approval of the trademark application, you, as the proud owner of the newly registered trademark, are empowered to display the R symbol next to the trademark. The signature information is mandatory. If you use a sound to brand your products, you may include a video clip, such as the roaring MGM lion, that contains only your mark. This is a notable benefit for national or regional IP Offices whose domestic working language is not a Madrid filing language English, French or Spanish. Madrid e-Filing reduces application processing times and irregularities for IP Offices, while simultaneously offering applicants a convenient and time-saving alternative to paper forms. You can file it online or by yourself or by an agent, whichever is convenient for you.
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