U.S. Trademark Registration: Why Is It Important?
U.S. Trademark Registration: Protect Your Business
U.S. Trademark Registration helps protect your entity. The legal definition of a trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. In other words, a trademark is a brand for services and goods.
Trademark, Patent, And Copyrights: What Are the Differences?
Intellectual property (I.P.) and trademarks are an essential part of your business. It would be best to understand what a trademark is and how it differs from a copyright or a patent. Your trademark should be federally registrable and legally protectable. Your trademark is an asset that is going to help your business grow over time. On the other hand, a patent protects inventions, like new vaccines or drugs. A copyright protects original artistic and literary works, like movies and songs.
U.S. Trademark Registration helps protect your entity.
Should You Register Your Mark In The USA?
Parties are not required to register their marks to obtain protectable rights in the United States. On the other hand, having a federal trademark registration on the Principal Register provides a number of significant advantages including;
- Provides a legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide,
- The use of the U.S. registration as a basis to obtain registration in foreign countries,
- Legal announcement of your claim of ownership of the mark,
- Listing in the USPTO’s online databases,
- Provides you with the ability to bring an action concerning the mark in courts. Although U.S. Trademark Registration is not legally required but provides support for the legal protection of your business.
U.S. Trademark Registration Processes
The steps you will follow in trademark registration processes in the U.S. are as follows:
- Choose your mark of goods or services.
- Making a complete search of your mark before filing an application is very important. It could save you the expense of applying for a mark in which you will likely not receive a registration. If another party already have more substantial rights in that mark, it would be not possible to register it. The U.S. Patent and Trademark Office (USPTO) offers a free search system known as TESS (Trademark Electronic Search System). To avoid possible violations of rights, use the electronic search system.
- Create a JPG image for stylized phrases or design marks.
- Check the application fees and pay it.
- Apply online. USA Trademark Registration is simple, but you need to follow the legal procedures very well.
- Check your application through the TSDR
U.S. Trademark Registration: Sample Trademark Fees
Trademark application-related fees
Application (paper), per class
Application (§66(a)), per class
Application (TEAS Standard), per class
Application (TEAS Plus), per class
Statement of use (SOU), per class
Important notices: Effective February 18, 2021 Application (§66(a)),
per class - fee increase from $400 to $500
Do You Need An Attorney To Handle Your Trademark Matters At The USPTO?
If your domicile is not located in the United States or its territories, you must have a U.S.-licensed attorney represent you in trademark matters at the USPTO. Similarly, a business’s domicile is the location of its headquarters where the entity’s executives direct and control the entity’s activities. Only attorneys who are licensed to practice law in the U.S. can represent you (including preparing, signing, or filing submissions for your U.S. trademark registration ) in a trademark matter at the USPTO.
U.S. Trademark Registration: You may need an attorney
US Trademark Registration Training Events
Here is good news. USPTO has announced that if you are a small business owner or entrepreneur interested in learning about trademarks and how to apply for federal registration, you can use the third module of USPTO’s eight-part virtual Trademark Basics Boot Camp. The module focuses on the requirements for an initial trademark application. The event is free and will be presented via Webex from 2-3 p.m. E.T. on Tuesday, February 16.
This module will cover the following topics:
- Trademark basics (S. trademark registration processes)
- Identifications of goods and services
- Filing bases
- Specimens and ornamentation
- How to find help
In a nutshell,
U.S. trademark registration helps protect your entity. A trademark is a brand for services and goods and an essential part of your business. Your trademark should be federally registrable and legally protectable. Your trademark is an asset that is going to help your business grow over time. Parties are not required to register their marks to obtain protectable rights in the United States.
On the other hand, having a federal trademark registration on the Principal Register provides a number of significant advantages. Although U.S. Trademark Registration is not legally required but provides support for the legal protection of your business. If your domicile is not located in the United States or its territories, you must have a U.S.-licensed attorney represent you in trademark matters at the USPTO.
As A Team, We Are Ready to Help You!
To start and run your business in the USA, you need a lot of documentation to be prepared. When applying for a U.S permanent worker visa or any visa, we can help you. You cannot be an expert in every subject you need. An expert consulting firm you can trust will save you time and money. For your U.S. trademark registration, our business consulting team can help you avoid any possible problem.
Comprised of experienced business attorneys, marketing experts, and business advisors, Liberty Business has the answers to any questions or needs a blossoming business may have.