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US Trademark Registration Process

Updated:2020-8-3 17:26:01    Source:www.tannet-group.comViews:241

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Registering a trademark sounds like a daunting and complicated task. Let us walk you through every step of the process, and you will realize that it should not be all that complicated.To simplify things, we will break the entire process down into four phases: Pre-registration, Mark Selection, the Application Form, Evaluation, until you get the verdict on your application.


Phase 1: Pre-Registration
Once you have set up your business, you may have decided to immediately register a trademark. Before doing that, however, there are several questions or considerations that must be addressed.
A.Is a trademark truly what you need?
As mentioned earlier, trademark is meant for the protection of physical goods or services. Thus, only companies that manufacture or sell physical goods or provide services are eligible to apply for a trademark. Inventions, literary works, compositions and other types of original art are not covered.
B.Do you need to register a trademark, or will your business name suffice?
There are instances where having a registered business name will be enough to identify the company or the products and their source. You may also need to look up local rules and statutes on the registration of business names and see if this is allowed.
If the answer to the two questions is affirmative, you can move on to the next phase.


Phase 2: Mark Selection
The first thing you have to do before you can apply for a trademark is to select the mark that you will use. This is actually the most difficult part of the process, since selecting a mark must be done with a lot of thought, and several considerations coming into play.
First, you have to see if the mark that you want to register is eligible for registration for trademark protection. Is it “registerable”?

A.The mark must be used in commerce. Marks meant for personal use, not business, are not registrable for trademark protection. Commerce, in this context, includes territorial commerce (selling of goods and/or services within the state only), interstate commerce (selling of goods and/or services across state lines), and commerce between the US and foreign counties.
B.The mark must be distinctive or unique. This is so that it can identify and distinguish particular goods or services as produced or provided by one source, and not by anyone else.
Phase 3: The Application Form

Phase 4: Evaluation Period to Verdict
This phase involves examination of the application, publication in the Official Gazette, and issuance of a certificate of registration.

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