Trademark register usa [Glossary]



Last updated : Aug 29, 2022
Written by : Timothy Huntsberry
Current current readers : 7332
Write a comment

Trademark register usa

How do I register a trademark in the US?

The United States Patent and Trademark Office (USPTO) encourages online filing via TEAS (Trademark Electronic Application System) on its website at https://www.uspto.gov/trademarks-application-process/filing-online/initial-application-forms. Over 85 percent of trademark applications are filed electronically.

Is trademark registration mandatory in USA?

The owner of a registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required.

How do I check if a trademark is registered in the US?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

How much does it cost to trademark in USA?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Can I register trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

Can a non US citizen file a trademark?

From August 3, 2019, non-residents of the United States will be able to apply for registration of trademarks and patents to the United States Patent and Trademark Office (USPTO) only with an attorney who is licensed to practice law in the United States.

What's the difference between TM and R?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.

Can I trademark my name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

Do I need to trademark my business name?

There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How do I register a brand name?

  1. Register on the trademark office portal:
  2. Trademark search:
  3. Filing of trademark application:
  4. Examination of trademark application:
  5. Show Cause Hearing:
  6. Publication of Mark in Trademark Journal:
  7. Trademark registration & certification:

How do I check if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Do I have to trademark my logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

How much is it to copyright a logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

Is it hard to file a trademark?

Filing a trademark application is complex and time-consuming and requires a knowledgeable person to ensure the paperwork is completed properly. It is important to understand trademark law to avoid making common trademark mistakes during the trademark registration process.

How do I trademark my logo?

How to Trademark a Logo. A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

How much does it cost to get a name trademarked?

The official fee charged by the Indian trademark office is Rs. 4500 (Individuals, Startups and Small and Medium Enterprises – SME's) and Rs. 9000 (for others) per mark per class.

Can a foreigner register a trademark?

Can a Foreign Company Register a Trademark in the US? If you want to register a trademark for your business, the USPTO requires that foreign-domiciled applicants be represented by a US-licensed attorney.

What are the requirements for a trademark?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.


more content related articles
Check these related keywords for more interesting articles :
Trademark office action response example
How to check patent in uk
Patent for water powered engine
How to edit colormag_footer_copyright
How to get my brand on revolve
How to write patent in cv
Intellectual property legislation definition
Intellectual property organization of pakistan
How to copyright own design
How to insert registered trademark in email
What does brand mean in business
What happens if you steal intellectual property
Virgil abloh brand name
What are the main types of intellectual property
How to brand a horse with dry ice








Did you find this article relevant to what you were looking for?


Write a comment




Trademark register usa


Comment by Haywood Zablonski

hey this is attorney elizabeth potts weinstein and today we're going to talk about how to file your own trademark application with the united states patent and trademark office including a step-by-step tutorial of exactly how to do it on the uspto.gov website in this video i'm assuming that you already have most of the stuff put together for your trademark application and you're ready to go if you don't have that stuff done check out this playlist and you will get all the step-by-step bits of informations and decisions you need to have already done before you get started with your filing so the first thing to do is to go to the uspto.gov website here we have the website for uspto.gov united states patent and trademark office if you go under trademarks you can go to apply online under apply online are a bunch of different categories for forms now if you're just filing for the first time you're going to be doing the initial application form but there's also all the other forms are accessible here so if you need to respond to something from the trademark office file your intent to use forms which i will talk about later change your address any of that kind of stuff you can find those forms here so you're gonna go to initial application forms now with the united states patented trademark office there's one online application system but you have two different categories of filings one is the plus and the other is the standard there's a number of differences between them but the biggest difference besides one of them being less expensive than the other is that with the plus you have to select from a list of classes and with the standard you can make up your own class or description of your products and services i highly recommend that if it's at all possible you select the plus not just to save money but because if you are picking your class from a list of classes you're going to have formatted it correctly and also will make it much faster and easier for them to approve your application the only time we really use this standard is if what my client is doing we just can't find anything on the list that is even remotely applicable or we're applying the united states basing it upon a foreign application from another country and their descriptions are so different we want to use their descriptions here in this filing to the extent possible there are also additional statements that are required in the plus application that you must make at the time of application the ones that typically come up the most are the name of a living person or that your trademark includes reference to a specific geographic area so i can file a trademark with my name in it however i have to give permission to myself to file that application so this is something to be aware of if you're doing a plus application this list also applies to you not just the class selection so let's say we're ready to apply so we're going to start the application the next thing you're going to need to do is to log in if you don't have a login and email for the uspto.gov then you can create one otherwise you need to log in with you log with an email address a password they also have a second level of authentication the next screen you come to is the beginning of the application there is a video that you can watch i recommend doing that because it's always great to get more information and this is a dynamic application so when you select things it will change what the next questions are also be aware that if you have inactivity it will log you out you can save your session though and come back to it later and that's what this is about if you save your session then you have to upload a file to create it back in so here i'm going to pretend that i'm not an attorney filing the application i'm going to pretend that i'm doing this myself and i'm gonna pretend i'm doing a t e t e a s plus application so the first screen is who is the owner of this trademark now if you are a sole proprietorship then or you're filing as an individual inventor then it will be you but if you have an llc or a corporation it'll probably belong to that business instead of you personally so let's say my i have a llc called potsfeinstein llc and that's going to be the owner of the mark then i click limited liability company for the entity type and it's going to change what some of these questions are so it will take a minute to load now i have to select what state it's in or if it's not in the u.s then you select this sometimes i run into an issue where someone has a business that's from another country and so they so their entities are have different names but the trademark office does have places for you to put that information to now we're going to put the mailing address main street this is a made up address well it might actually exist but that's not my address okay now domicile address this is something that's very important for anybody who is using their mailing address that's not your physical location you have to have a physical location address in here this physical location address will not appear on the publicly available database so you don't have to worry about that from a privacy perspective but you have to have an address so they know that you're physically located here in the united states if you are not physically located here in the united states then you're gonna have to have an attorney who's located here to represent you i don't necessarily think that rule is fair but that's just the rule so let's assume that this is actually my physical location you can put in a phone number and fax number you don't have to put in a phone number but sometimes the trademark examiner will call you because you messed up something your application that is relatively straightforward to fix so if you don't put a phone number in here there's nobody they can call they might email you but some examiners are not into email otherwise they'll have to issue an office action which is a lot more complicated so i'm going to put in an email address this is my business email address you can also put in the website for your business i recommend doing this so when they do a search and you come up for your own trademark they know that it's you so i'm gonna put in my website address then i hit continue it's going to look at everything i filled out and give me information about things that i missed or i messed up in the filing so it tells me that i did not enter a telephone number i'm just going to skip it for right now but generally i'd recommend putting in one it does not get listed publicly so you don't have to worry about that now i can finally put in my trademark so i'm going to use the trademark that we talked about in one of the other videos which is irene whoops i on the trail this is a person who has a business about hiking irene is not this person's name irene they're using as an abstract concept now here's special standard characters special form sound mark those are the different kinds of trademarks so a special form a lot of times would be a logo i'm not going to go into sound marks that's fairly rare for someone to do but th


Thanks for your comment Haywood Zablonski, have a nice day.
- Timothy Huntsberry, Staff Member


Comment by razdrapand

Thanks for this interesting article


Thanks razdrapand your participation is very much appreciated
- Timothy Huntsberry


About the author