A trademark is a piece of intellectual property that identifies the source of a product and distinguishes it from competing products. It can be a recognizable design, sign, or expression. It is the property of the trademark owner, who can be an individual, business organization, or legal entity. This article will discuss the different aspects of trademark registration and how to search for a trademark online.
Description of a valid trademark
A valid trademark is a phrase or a word that describes a good or service. It describes its characteristics, use, and quality. For example, a distilled drinking water company may apply for a descriptive trademark of the word "Clean" to distinguish its products from those of others. However, other companies cannot use the term "Clean" in their trademarks without permission.
To be a valid trademark, the mark must be descriptive and fanciful. If a term has no secondary meaning, it is considered generic and will not be protected. However, a descriptive mark can qualify for registration as a trademark if it acquires secondary meaning.
Rights conferred by a registered trademark
A registered trademark grants its owner a set of exclusive rights. These rights can prevent others from using the mark or similar marks on identical, "colorfully similar," or dissimilar products. One test of trademark validity is whether the mark would cause confusion for consumers if they bought both products. If the mark is not used in this manner, it may be invalid.
There are several ways to challenge the validity of a registered trademark. In the first instance, a prior user may file an opposition if the registered trademark is used in a manner that is in conflict with the rights of the prior user. In the second instance, a prior user, the Federal Antimonopoly Service, or a court may initiate a trademark cancellation proceeding.
Registration process in the United States
The registration process for trademarks in the United States involves filing a trademark application with the USPTO. The application consists of several steps, each with its own set of rules and requirements. An experienced trademark attorney can speed up the process considerably, preparing the application in accordance with the USPTO's requirements. This will reduce the risk of rejection during the examination phase. Additionally, an attorney will conduct a clearance search to determine whether any similar marks already exist, helping you select an appropriate and unique trademark.
The first step in trademark registration in the United States is to conduct a trademark search to determine whether another company or individual has the same or similar trademarks. The search report includes a summary of the trademark register's ability to protect your trademark, and an assessment of the risk of a trademark fight. Once the search is complete, the trademark application will be reviewed by an examining attorney. It can take up to six months before the examining attorney issues a decision.
Searching for a trademark online
Searching for a trademark online is a great way to ensure that your mark is not already used by another business. Doing so will save you time and money down the road. Often, trademarks that are already in use are already registered. By searching for these marks before adopting them, you can save money and time by eliminating duplicates.
The TESS system will return a summary of records, including the record number, serial number, or registration number. The records will also indicate the status of the mark and whether there are any conflicts. However, it is best to do a full search to make sure that you are not claiming a trademark that has been used by another business.
Cost of registering a trademark
The cost of registering a trademark can vary greatly depending on the type of trademark and the type of filing required. The base processing fee is usually between $250 and $350, but the total can be higher or lower depending on the type of application. There are several other fees that are due throughout the process. For example, if you need to submit a Statement of Use within six months of receiving a Notice of Allowance, you will have to pay an additional $100 per class of goods and services.
If you wish to register your trademark, you must be able to prove that the mark is unique to your business. This is not possible if the mark is a word or phrase that is already in use by another business. Additionally, you must submit a design that accurately represents the mark. You can also provide a voice-over recording to prove that the mark is unique. In addition to the drawing, you must also list all the goods and services that you will use the mark on. You must pay fees for each class of goods and services you plan to use it on. Lastly, you need to submit photos of the products or services that your mark is being used on.
