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Trademark Filing Requirements: Overview Guide

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Trademark Filing Requirements: Overview Guide

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The success of your firm is determined by its brand. The trademark filing process isn't easy, but the protection it gives for your business is well worth the time and work. To register a trademark, you must fill out and submit a trademark application to the United States Patent and Trademark Office (USPTO). Read more about Trademark Filing here.

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Your company's brand is critical to its success. The procedure of trademark filing isn't simple, but the protection it provides for your brand is well worth your time and effort. You must fill out and submit a trademark application to the United States Patent and Trademark Office (USPTO) in order to register a trademark. You can either file a paper application or use the Trademark Electronic Application System (TEAS), an online trademark filing tool. However, you should gather information regarding the trademark filing requirements before proceeding with the application procedure. Thus, the following information must be included in your trademark application.
Also Read: Filing a Trademark Application in the United States: Overview
Trademark Filing Requirements to Obtain a Filing Date

In order to get a trademark filing date as quickly as possible, an applicant must keep the following items in mind while completing the trademark filing procedure.

1. The applicant's full name;

2. A name and address to which the United States Patent and Trademark Office (USPTO) should send correspondence;

3. A clear drawing of the mark for design and other atypical marks;

4. A list of the goods and/or services sold or offered in connection with the mark is or will be provided;

5. At least one class of products or services has a filing charge.

Also Read: Process Involved in IP India Trademark Filing
Get a Trademark: Additional Requirements

As you progress through this part, keep in mind the additional trademark filing requirements that an applicant must follow when filing a trademark application.

1. Background information on the applicant;

2. The sort of legal entity if the applicant is not an individual;

3. Citizenship, or the state or country in which you extablish the company;

4. The legal foundation for the filing;

5. A statement that you confirm. A person having legal authority to bind the applicant, (2) a person with personal knowledge of the facts and actual or implicit authority to act on behalf of the applicant, and (3) an attorney with an actual or implied written or verbal power of attorney from the applicant may sign an application;

6. A description of the mark for marks other than conventional character word marks;

7. A drawing of the mark desired to face registeration if it is not a sound, scent, or other non-visual mark;

8. An English translation or transliteration of any non-English terms in the mark, if appropriate;

9. Any filing fees for extra classes that remain unpaid;

10. The USPTO encourages international applicants to appoint a domestic representative to receive notices and process on their behalf.

Also Read: 5 Key Trademark Benefits
Trademark Filing Requirements for Use-Based Applications

A use-based application is one in which the applicant is already using the mark in commerce when the federal trademark registration application is submitted. Shipping or selling items with the mark, or performing services after advertising those services with the mark, are examples of how the Mark might be used in business.

Before the mark may be registered, the applicant must include certain dates linked to the first use of the goods and/or services in the application. This is the first date that items bearing the mark were sold or transported, and this is the first day that services promoted under the mark were provided. Each class of goods and services must have two dates: I the date of first use anywhere, and (ii) the date of first use in interstate commerce, or between the US and another country. These dates will be the same for many candidates.

In addition, the applicant must submit a "specimen of use" demonstrating how the mark is used in commerce in connection with at least one item in each class of goods or services. Packaging, labels, or tags for the goods, as well as a display related to the items, are acceptable trademark specimens. Advertisements and promotional materials for the services, including pages from the applicant's website, are examples of eligible service mark specimens.
Also Read: Trademark Registration Fees: Know All the Costs
Trademark Filing Requirements for Intent-to-Use Applications

A trademark registration usually necessitates the use of the mark in commerce. So, how do you apply for registration if you haven't used your trademark yet? An Intent-To-Use trademark application (ITU application) permits an applicant to file an application to register a mark before you use it in commerce, as the name suggests. The use of your trademark in commerce refers to its use in conjunction with the sale or provision of the relevant goods or services. Once you use the mark in connection with the products or services mentioned in the application, the applicant must file a Statement of Use.

A bona fide intent to use the mark in commerce for all of the goods and/or services included in the application is required. The lack of a bona fide or real purpose to use the mark can be used as a defense in adversarial proceedings or to question the validity of the application or resulting registration. As a result, in the event that documentation evidence of the applicant's plans to use the mark is needed later, the applicant should maintain it.

Statement of Use

Before the application can move forward to registration, the applicant must show that the mark is in use in interstate commerce in the United States and provide a specimen of use for each class of products or services. Depending on when you file it, this document is an Amendment to Allege Use or a Statement of Use. Either document must I attest that the applicant or its licensee is using the mark in commerce; (ii) state the dates of first use for each class anywhere and in U.S. interstate commerce; (iii) include a specimen for each class, along with a description of the specimen; and (iv) include the required fee for each class.
Also Read: Trademark Filing Timeline
Post Trademark Application Filing Process

If you file the application online, the USPTO will send an official filing receipt through email. If you file the application on paper, the USPTO will send an official filing receipt via mail. Within 14 days of filing, a serial number appears assigned, and the application's data should appear on the USPTO's website. Moreover, you can track the application's progress at http://tsdr.uspto.gov/.

One usually considers an application after three to four months of its filing. An Office Action appears issued if the USPTO examiner objects to the mark remaining registered on substantive grounds (such as a likelihood of confusion with other marks on the USPTO register). Alternatively, it raises a technical objection that you must address before the application can move forward (such as requiring amendments to the description of goods and/or services).

Otherwise, the application would remain abandoned if the applicant does not react to the Office Action within six months after its mailing date. The application will appear accepted for publishing in the Trademark Official Gazette once you resolve these issues. Moreover, if the examiner raises no objections, a Notice of Publication will remain issued with the publication date. Within 30 days of the publication date, any third party that feels the mark's registration would do it harm may oppose the application or file a request for an extension of time to oppose.

Certificate of Registration

The USPTO issues a Certificate of Registration for use-based applications under Section 1(a) and applications under Sections 44 and 66. Alternatively, it may raise a Notice of Allowance for intent-to-use applications under Section 1(a). This is when the application does not successfully contest (b). An applicant has 36 months from the Notice of Allowance date, the "allowance" period, to produce proof of use for intent-to-use petitions, otherwise, the application would remain abandoned. The applicant must file either a Statement of Use or a request for an extension of time to file a Statement of Use every six months during the allotted period, indicating a continued bona fide purpose to use the mark for the products and/or services in the application.
Also Read: Online Trademark Filing: Know How to Do it?
When Does a Trademark Application Mature to Registration?

The registration usually takes 9 to 12 months to issue. This is only possible if one raises no substantive objections, makes no oppositions, and files all documents online. In some cases, Office Actions may take place and relevant documentation (such as a foreign registration) is not yet available. Moreover, the application remains challenged, or documents filed on paper, so, the process can take substantially longer.
Also Read: Top 6 Benefits of Seeking Trademark Filing Services
Need Trademark Filing Services? Choose The Trademark Filing Company!

As a result, securing the required protection for your brand by registering a trademark is critical. There are a lot of fees that remain associated with trademark registration, and it is not a cheap process. As a result, if you require professional assistance, The Trademark Filing Company can assist you. We concentrate on preventing copycats from imitating your brand. Our team has years of trademark filing experience and specializes in supplying gold-standard trademark data. We are aware of the most recent trademark laws' rules and recommendations. We'll make certain your trademark application follows them. We don't stop there, though. Because you can't be concerned about your trademark all of the time, you can use our trademark monitoring services.

To make an inquiry, visit The Trademark Filing Company.

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Trademark Filing Requirements: Overview Guide

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Your company's brand is critical to its success. The procedure of trademark filing isn't simple, but the protection it provides for your brand is well worth your time and effort. You must fill out and submit a trademark application to the United States Patent and Trademark Office (USPTO) in order to register a trademark.

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Filing a Trademark Application in the United States: Overview

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Filing a Trademark Application in the United States: Overview

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Filing a trademark application prevents the trademark from being registered without the authorization of the owner. It helps to prevent others from using a trademark that is identical to yours for goods or services that are comparable to yours. Read more about Filing a Trademark here.

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Filing a trademark application protects the trademark from receiving registration by others without the owner's permission. It aids in preventing others from using a trademark that is identical to yours for similar goods or services. The USPTO recommends online filing using TEAS ( Trademark Electronic Application System) on its website (. With this, the electronic mode of filing accounts for over 85% of trademark applications.

However, before proceeding with the application, having sufficient information on the USPTO-acceptable trademarks is important. As a result, the next section discusses the several types of trademarks you can submit with the USPTO.

Also Read: Process Involved in IP India Trademark Filing

Filing a Trademark: What Types of Applications may be Filed?

The United States Patent and Trademark Office (USPTO) accepts applications for traditional, non-traditional, and collective marks. Word, design, and combination marks are examples of traditional marks. Color, shape/configuration, sound, aroma, flavor, touch, and motion marks, on the other hand, are non-traditional and non-visual marks. As a result, the necessary requirements that the USPTO expects from the respective marks are as given below.

Word Marks

Filing a trademark application for word marks must have all of the letters and words written in Latin characters, and all of the figures in Roman or Arabic numerals. There is no design element in the mark, and it solely incorporates standard punctuation or diacritical signs. There are no styled letters or numerals.

Design Mark

For mark photos, you must follow a JPG format, with a file size of 5 MB or less. A scanned image must have a resolution of 300 to 350 dots per inch, a length and width of 250 to 944 pixels, and a resolution of 300 to 350 dots per inch.

Color Mark

The applicant must show that he or she has earned individuality. Color marks are visual, so you must portray them in color drawings with (1) a color claim specifying the color(s) that are/are a feature of the mark and (2) a separate statement indicating where the color(s) appear(s) and how you employ it/them in the mark. In the color claim and location statement, you must use the generic name(s) of the color(s).

Shape Mark

This confers to the three-dimensional, configuration, shape, or design of a product or product packaging. The applicant must include a description of the mark that indicates that it is three-dimensional, as well as a sketch that depicts a single three-dimensional reproduction of the mark.

Sound Mark

The applicant must send an audio file in electronic format (.wav,.wmv,.wma,.mp3,.mpg, or.avi) that is no larger than 5 MB. The applicant must describe the sound in great detail, including any words or lyrics.

Scent or Flavour Mark

The applicant must provide sufficient evidence of acquired distinctiveness, a detailed written description of the scent or flavor, and a sample of the perfume or flavor that matches the requisite description.

Motion Mark

If the mark contains motion (i.e., a short-term repeating motion), the applicant may submit a drawing depicting either a single point in the movement or up to five freeze frames depicting various points in the movement, whichever best expresses the mark's commercial impression. Moreover, you can also attach a specimen in.wav,.wmv,.wma,.mp3,.mpg, or.avi format to the TEAS form. Audio files should not be larger than 5 MB, and video files should not be larger than 30 MB. Also, the petitioner must also describe the motion in detail.

Touch Mark

You must represent this mark graphically.

Collective Membership Mark

Members of a cooperative, an association, or any other collective group or organization must use this mark. Moreover, you must also include a description of the nature of the membership organization, such as by type, purpose, or area of activity of the members, in the application.

Certification Mark

Any word, name, symbol, and/or device used by someone other than the owner to certify regional or another origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.
Also Read: Trademark Filing Process: A Complete Overview
Why Choose Us? - The Trademark Filing Company

Before filing a trademark application, you must determine whether or not you require trademark filing support. Every year, the USPTO receives over one million trademark applications, with just 60% of them being approved. Even a passing resemblance or misunderstanding can result in rejection. As a result, it is advisable to seek professional help in this regard. The trademark filing firm offers expert assistance with USPTO trademark filing, search, and monitoring services. Because our professionals have years of experience, we can guarantee the quality of our services. We also deliver high-quality results and several iterations to ensure complete customer satisfaction. Visit The Trademark Filing Company for more information.

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Filing a Trademark Application in the United States: Overview

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Filing a trademark application protects the trademark from receiving registration by others without the owner's permission. It aids in preventing others from using a trademark that is identical to yours for similar goods or services. The USPTO recommends online filing using TEAS ( Trademark Electronic Application System) on its website (.

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Trademark Filing in USPTO: Important Things to Remember

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Trademark Filing in USPTO: Important Things to Remember

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Trademark filing aids in the registration of a mark that has been used or suggested by a person claiming to be the trademark's owner. This necessitates a preliminary search to determine the trademark class. It aids in the submission of applications. The description of the goods/services mark is also included. Read more about Trademark Filing here.

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Trademark Filing in USPTO - The Trademark Filing Company

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Trademark filing is used to register the mark actually used or proposed to be used by an individual claiming to be the proprietor of the

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When you own a company, it's critical to get a trademark so that you can establish a distinct brand identity. You may promote your brand image while being protected by the federal government by trademark registration. Read more about Trademark Registration here.

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When you have a business, it is important for you to acquire a trademark to create a unique brand identity for your business. Through trademark registration, you can promote your brand image under the protection of the federal law force.

Complete Trademark Registration Procedure

The Trademark registration process involves stages of filing, examination, publication, opposition, registration, and renewal. However, as trademark registration is a lengthy process involving multiple steps here is a quick guide for the complete trademark registration process:

Trademark Registration Eligibility

The chosen mark should be for a product or service doing trade in one state or multiple states. Also, one of the major objectives of trademark law is to avoid confusion among consumers. Hence, one must not use a trademark that is the same or too identical to another mark used for a similar product or service.

Also, the chosen trademark must not be too descriptive and generic (as a generic mark describes the product itself but not the manufacturer of the product).
Also Read: Trademark Registration Process with Additional Steps
Trademarks that Cannot Qualify Registration

There are many trademarks that the USPTO has banned. The list includes:

The mark with U.S. flag

Trademark having government badges

Mark with an individual's (living) name, sign or likeness without their permission

Trademark falsely associated with an individual, national symbols, beliefs, or institutions

If the mark is too identical to registered trademarks existing in the USPTO database

Trademark including deceiving, corrupt, or outrageous matters as courts may raise an objection

Related Articles: Trademark fundamentals for Startups

Trademark Registration Procedure

You can use mail or the internet for trademark registration. Visit the USPTO website and use TEAS (Trademark Electronic Application System) or TEAS PLUS to file your application via the internet. Moreover, the TEAS registration process costs $325 and is a smooth process with fewer requirements. However, TEAS PLUS needs multiple details from the applicant and costs $275. Email applications cost $375. Also, for most updated information please visit Apply Online (TEAS).

Further, if an applicant is registering a trademark using the TEAS platform, given below are the requirements.

Applicant's Name

Correspondence Name & Address

An accurate Trademark drawing (maybe handmade) for which application is being filed

List of all goods and services on which mark will be used

Minimum of one goods' or services' class registration fee

So, it is true that an elaborated application makes the registration process by catering complete details about the chosen mark. Additionally, elements including mark description, use of the mark can be also incorporated into the application. If your application meets the minimum eligibility criteria, it will be processed for further work without being returned as "informal".

Related Articles: Trademark Filing Fees: A Quick Overview

What after Trademark Registration?

After filling your application, you need to wait for the response from the USPTO. So, after submission of the application, the trademark office attorney reviews it. Further, communication occurs regarding the application. Also, you can check the status of your trademark application after receiving a filing receipt having the serial number of your application from the USPTO.

Further, after going through the examination of the USPTO, your trademark will be published as a candidate for registration. Thus, it allows existing trademark owners to object to your registration if their mark is a tool similar to your chosen trademark. In case, no objection is raised you will get a response from the USPTO regarding the same. However, if you face any objection the USPTO schedules a hearing.

Between the 5 th and 6 TH-year post registration, you need to file an "Affidavit of Use" after receiving notice of federal registration of your trademark. Additionally, you need to file another "Affidavit of Use" every 10 years before the expiry of the renewal period. Now that you are done with securing your mark, you will also need to know the maintenance method. Learn how to keep your registration going through this link.
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Federal Trademark Registration Benefits

A large number of businesses do not avail of federal trademark registration advantages. However, if you are using your trademark for commerce and are not willing to infringe others' trademark, common law trademark protection will be the most suitable. But, Federal trademark registration has numerous advantages which are listed below:

Countrywide Trademark Protection

® Symbol can be used to make your customers aware of the quality of your product or service

Extending help to the customs of the U.S. for restricting potential infringed products to enter in the U.S.

You can avail all the benefits of being the owner of the mark. Moreover, you can ask to pay damage cost and attorney's fee if anyone found infringing your mark without your consent.

In five years if your right to mark did not face any objection, you can file unquestionable status. It means that no one can question on the right of use of the trademark.

Also Read: Top 6 Benefits of Seeking Trademark Filing Services
When your business expands and you need to object to another party's similar trademark, constructive notice plays a major role. In case if the use date of your trademark is prior to another party's use date in a different geographical region, then your registration (federal) wins over their common law rights. Hence, another party's use of the trademark must be terminated. However, if your use date is posted to the other party's use date you can use federal registration whereas the other party will be restricted to their territory only.

Why Take Our Services?

The Trademark Registration Company is one of the top-notch firms in the IP domain. Moreover, we have a team of experienced and trained professionals who deliver world-class trademark registration service to our clients in a quick time without any compromise in quality. Also, the experts ensure all the qualification requirements thoroughly and make sure that your mark gets hassle-free registration. We aim to provide our client's trademark registration easily so that they can best protect their Intellectual Property. To know more about our services, please click on the link.
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A to Z of Trademark Registration - The Trademark Filing Company

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When you have a business, it is important for you to acquire a trademark to create a unique brand identity for your business. Through trademark registration, you can promote your brand image under the protection of the federal law force. The Trademark registration process involves stages of filing, examination, publication, opposition, registration, and renewal.

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Trademark Filing Essentials: Must Follow

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Trademark Filing Essentials: Must Follow

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Because a trademark is a precious privilege, it's always a good idea to know the trademark filing essentials. A trademark is a symbol, term, or combination of the two that is associated with a specific product or service, resulting in brand value. Furthermore, the owner of a registered trademark has a monopoly right to use the mark and can prevent others from using identical or similar trademarks for similar services and goods. Read more about Trademark Filing Essentials here.

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Trademark Filing Essentials - The Trademark Filing Company

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Trademark is a valuable right so, it is always good to have an understanding of trademark and trademark filing essentials. A trademark is a

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Why Do You Need to Perform Trademark Monitoring?

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Why Do You Need to Perform Trademark Monitoring?

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Trademark monitoring is necessary to safeguard trademark rights from infringement. It assures that if an identical or confusingly similar mark is registered or publicized for acceptance, the applicant will be alerted. As a result, the owner has a chance to object to the filing. Read more about Trademark Monitoring here.

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Trademark monitoring is important to protect trademark rights from potential infringements. It ensures that the applicant will be notified when an identical or confusingly similar mark is registered or published for acceptance. Therefore, it gives the owner an opportunity to oppose the filing.

Businesses Must Seek Trademark Monitoring Services: Major reasons

In order to ensure the valuable marks of businesses are protected and enforced properly trademark monitoring is important. So, here are the top reasons due to which this service is indispensable:

Trademark Rights Failure

A trademark owner may lose his/her trademark rights after failing to monitor the mark. Additionally, the trademark will degrade its brand value in the marketplace. Moreover, it may lead to a weakening of the trademark, and, in some cases; the right of a trademark may be lost entirely.

Therefore, you must perform effective trademark monitoring to avoid trademark right loss by opposing infringers if found.

In case of infringement, the applicant must enforce trademark rights using different legal methods. So, tt includes sending cease and desist letters, initiating opposition and cancellation process with the help of the Trademark Trial and Appeal Board. However, the applicant can also opt for other relevant measures depending upon the situation.

Inability to Enforce Against an Infringer

Trademark enforcement may remain delayed if the applicant fails to stop brand infringement even after knowing. One may call it the "equitable doctrine of laches." This doctrine raises a positive task for you to enforce your rights against infringers in the given time period. Additionally, if one performs trademark monitoring, then the owner must be aware of infringements if any. If the answer is yes, the law gives you an opportunity to enforce your trademark duty.

Reduce Business Damage

Trademark monitoring avoidance reduces revenue. Further, leading to business demise if the infringement is effective enough. A strong monitoring plan and strategy will detect infringers early even before damaging your business identity. Also, it is good to identify and resolve the infringement as soon as possible. The higher the amount the infringer has invested in his/her business, the more the probability of fight against you due to huge monetary loss and business identity damage. Here, trademark monitoring comes into action by detecting infringement at an early stage and stopping it before your business goes through financial loss due to the infringer.
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Why Choose Us?

Trademark Filing Company is a prominent firm that helps in delivering the best trademark registration as well as monitoring services to clients. Our team of experienced professionals works on customized monitoring parameters to deliver a comprehensive monitoring solution for businesses. The experts focus on coverage of all major jurisdictions globally to provide effective trademark monitoring and filing services.
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Do you need trademark monitoring - The Trademark Filing Company

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Trademark monitoring is important to protect trademark rights from potential infringements. It ensures that the applicant will be notified when an identical or confusingly similar mark is registered or published for acceptance. Therefore, it gives the owner an opportunity to oppose the filing.

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The factors on which you file a trademark application are defined by a trademark filing basis. When filing for a trademark, it is required to define the filing basis in order to describe the trademark's purpose. Furthermore, each Trademark filing basis has its own set of rules, which you must adhere to in order to complete the trademark registration procedure. Read more about Trademark Filing Basis here.

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A trademark filing basis defines the factors with respect to which you file a Trademark application. It is necessary to define the filing basis while filing for a Trademark to clarify the motive of the Trademark. Moreover, there are different requirements for every Trademark filing basis and you must follow those requirements to pursue the trademark registration process.

Trademark Filing Basis: Types and Requirements

There are different types of Trademark filing basis according to different situations. Also, each filing basis has its own criteria and requirements. Further, it depends upon product usage and international policies. So, some general types of Trademark filing basis are as given below.

'Use in Commerce' Basis

It is used when you are using the mark commercially at present.

The requirements for filing under the 'Use in Commerce' basis are the date of first use and proof that you are currently using the mark in the respective country. The proof or 'Specimens of use' can be in the form of a website page, advertisement or declaration that defines the product/good and shows the trademark. Tags, logos, and packaging are also accepted as proof.

'Intent to Use' Basis

This type of Trademark filing basis is used when you have future plans of using the mark commercially.

To file the Trademark under 'Intent to use' basis you have to go through a common registration process. It is necessary to show proof of using the Trademark in the market after the application gets accepted for registration (generally after 10 months from the filing date). Also, you file a separate "Statement of use" to present the 'proof of use' to the Trademark office.

'Foreign Registration' Basis

You can file the application on a 'Foreign Registration' basis if you register your Trademark in another country. Therefore, the filing application requires no 'proof of use'.

However, a scanned copy of the registration certificate from the respective country and a translation are the only mandatory requirements.

'Foreign Application' Basis

'Foreign Application' basis is when you want to claim priority for a Trademark application already filed in another country. However, there can't be a delay of more than 6 months between the filing of both applications.

Additionally, you need to submit the date of filing, serial number, and a verified declaration to genuinely use the mark commercially. Also, you need to submit an agreement form between the native country and the country for which you have filed the application.

Related Articles: Trademark Filing Timeline

Why Take Our Services?

Our technical experts and experienced teams at the Trademark filing company have been a pioneer in the field. The outcomes we provide are the most pertinent and satisfactory. Also, we present you the results with the least turnaround time and free iterations until you get what you want.

As soon as we receive your queries, we start processing them and update you regularly with the status of work. We present you with pocket-friendly deals and post-delivery services. To know more about our resources, click here.

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Trademark Filing Basis: Things to know - The Trademark Filing Company

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A trademark filing basis defines the factors with respect to which you file a Trademark application. It is necessary to define the filing basis while filing for a Trademark to clarify the motive of the Trademark. Moreover, there are different requirements for every Trademark filing basis and you must follow those requirements to pursue the trademark registration process .

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Trademark filing fees are a one-time expenditure that safeguards your intellectual property rights in the event of an infringement. Trademark filing fees typically vary from 225 to 400 dollars. It also relies on the type of goods or services included on the application form. Read more about Trademark Filing Fees here.

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Trademark filing fees are an initial investment that protects your intellectual rights over your Trademark against any Infringement. The general range of Trademark filing fees is from 225$ to 400$. Also, it depends on the class of the goods/services mentioned in the application form.
Also Read: Online Trademark Filing: Know How to do it?
Trademark application form: Types and Fees

Basically, there are three types of forms used for Trademark filing. These are classified according to the range of filing fees.

TEAS Plus

The form has the least filing price among the other forms ( 225$/ class of goods or services). However, the filing requirements for this form are very strict. So, you must file a proper application and it is mandatory to fill all the fields in the form. Some major aspects to keep in mind while filing in the TEAS plus category are:

Firstly, it is preferable to file a certain medium of communication for concerns related to the application. It includes an online response to the office actions via TEAS. Also, for receiving all the queries regarding the application, mention a valid e-mail.

Moreover, you must choose the goods/services that are present in the USPTO's Acceptable Identification of Goods and Services Manual (ID Manual).

It is necessary to pay the fees for all the classes in the application during the time of filing.

TEAS Reduced Fee

The TEAS reduced fee application charges $275/class of goods or services and you must agree to the following few requirements for filing this form:

You must submit all the relevant documents.

Must submit a valid e-mail so that USPTO can send you e-mails regarding the application status.

Also, USPTO can charge you an extra fee of 125$/class of goods or services if you can't fulfill the necessities of TEAS Plus or TEAS RF.
TEAS Regular application

Filing the TEAS regular application charges the highest fee of $400/class of goods or services and must meet the minimum filing requirements.
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Notice of Allowance
Some key points regarding NOA are:
NOA is a written document to notify the successful crossing of the opposition phase for the Trademark application.

Firstly, the NOA (Notice of Allowance) is only applicable for Intent-to-use Trademark type applications.

Moreover, the date of issue of NOA is very useful to decide the due date of filing the specimen of use (SOU). As you only have 6 months to file for SOU.

If you are unable to file the SOU or extension request during the given time period, your application is considered abandoned. Also, this means that your application is removed from pending status and is not useful for registration process any more.

The fees for filing an extension request is 125$/class of goods or services.

Abandonment Fees

You need to pay a fee of 100$/class for continuing the application process if the application falls under the category of Abandoned status.

Document Maintenance Charges

Other than the Trademark filing fees, you also pay for Trademark maintenance. Moreover, the Trademark filing fees is a part of the registration process and the Trademark maintenance fees are a part of the post-grant process. So, some of the maintenance charges are mentioned below.
Also Read: Top 6 Benefits of Seeking Trademark Filing Services

A statement approved by the Trademark owner is called Section 8 declaration. The filing date for the declaration lies between the fifth and sixth year of registration. Also, the statement includes 2 main points as given below.

1. The trademark is in commercial use with the goods/services mentioned at the time of registration.

2. The trademark is not in commercial use due to some special reasons or circumstances.

Also, the fee for Section 8 declaration filing is 125$/class of goods or services.

USPTO accepts the Section 8 declaration statements after 6 months from the due date; this period is called the grace period. Also, the charges of Declarations submitted on the grace period are 100$/class of goods or services.

Moreover, during the grace period, you do a combined filing of section 8 declaration and Section 9 renewal applications.

The combined filing charges /class of goods or services, /class for each.

Services at The Trademark Filing Company

The Trademark filing company serves you with the most pertinent solutions. Moreover, our professional squad helps you to file a perfect Trademark application within minimum time. We also provide you with free iterations until complete satisfaction. Also, we have proved ourselves as a trusted organization in 100% positive customer reviews. Further, our post-grant services provide you with long-lasting results. So, you can place your order online at a very pocket-friendly price. We keep you updated with every step of the process. To know more about our services, reach toThe Trademark Filing Company.
Trademark Monitoring Strategies: Best Ways To Conduct Hire A Trademark Attorney: What's The Need? 6 Reasons Why Your Business Needs a Trademark
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Trademark filing fees are an initial investment that protects your intellectual rights over your Trademark against any Infringement. The general range of Trademark filing fees is from 225$ to 400$. Also, it depends on the class of the goods/services mentioned in the application form. Also Read: Online Trademark Filing: Know How to do it?

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Trademark Filing: A Step-by-Step Process

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Trademark Filing: A Step-by-Step Process

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Any term, phrase, or symbol that identifies or distinguishes the product from that of other producers is referred to as a trademark. As a result, Trademark Filing aids the customer in identifying the goods and their maker. Furthermore, a trademark gives a corporation a brand name.

As a result, you must ensure that the trademark is properly protected to avoid any misappropriation. As a result, the Trademark must be registered with the USPTO (the United States Patent and Trademark Office). Read more about Trademark Filing here.

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Trademark refers to any word, phrase, or symbol that identifies or distinguishes the product from other manufacturers. Thus, Trademark Filing helps the customer to identify the product and its manufacturer. Moreover, the Trademark provides a brand name to a company.

So, you must provide proper protection to the trademark to avoid any sort of misuse. Thus, it is necessary to register the Trademark in USPTO (United States Patent and Trademark Office).
Also Read: Trademark Filing Process: A Complete Overview
Trademark Filing: Benefits

Legal ownership of the mark and public notice about the intellectual rights over the claims related to the mark.

Authority to use the Trademark for the products sold in the respected filed countries.

Right to take legal actions in case of any infringement.

Also Read: 5 Key Trademark Benefits
The Process of Trademark Filing

Trademark Filing seems a complex process. So, we have divided the complete process into four major parts. The four major parts are Planning, Selecting the Mark, Submission of Application, and Analysis period to Decision.

Planning

The purpose of the trademark is to protect physical goods or products. Hence, only the companies that manufacture goods or products or provide services are qualified for Trademark Filing.

Moreover, there are chances that the company name itself is enough to serve the purpose of a Trademark and you actually don't require Trademark Filing. You should also check the native rules and requirements for the trademark before the process of registration.

You can proceed to the next step, once you are done with the planning process.

Selecting the Mark

Before the application for a trademark, selecting a suitable mark is a very important process. Moreover, your mark must relate to the product and the motto behind the product.

However, the most important part is to check whether the mark is eligible for registration or not.
Also Read: Trademark Registration Fees: Know All the Costs
Basic Eligibility Requirements

You cannot use a mark personally. That means you must have business use of the mark. The commerce term signifies the use at Interstate, Intrastate, or national level. Also, this means you can use the mark for trading goods/products within a state, different states, or even different countries.

The mark must easily identify or distinguish the related products or goods that are manufactured by a particular source and not by any other manufacturer.
Also Read: USPTO Trademark Filing: Key Steps
Considerable Points for Trademark Selection

Mark Format

A word, color, design, sound, or shape can form the format of a mark. Also, you can combine different formats to get the required mark. Some of the general types of marks are:

Word marks: In this, you use Latin characters in place of the letters and Roman/Arabic numerals for defining numbers. Sometimes, it also includes general punctuation marks.

Design marks: These are the special wordings/design, or a mixture of both. At the time of submission, it must be in .jpg format and you must scan it at 300-350 dots per inch. Also, you must maintain the size of 250-944 pixels at both length and width.

Color marks: The color marks are difficult to register, as you need to submit the proof of distinctiveness and the logo in the respective color. Also, you should also mention a claim related to the color and maintain the color in the overall mark.

Shape marks: You must show the three-dimensional shape, design or view of the good/product.

Sound marks: You should submit the file in different audio formats, for example, .wav, .mp3 or .mpg. Moreover, you should try to limit the audio files up to 5 MB and Video files up to 30MB but with a detailed description.

Applied Goods and Services

You must clarify the products, goods, or services that are going to use the Trademark.

Mark Availability

This process involves obtaining the right to use the mark for further steps. This is done to avoid registering marks that are similar to the previously registered marks.

Moreover, the procedure requires searching the Trademarks registered in the USPTO and 50 different states of the US. However, if you tend to sell the product outside the country, then you need to search the database of the respective countries. You can take the help of USPTO's TESS (Trademark Electronic Search System) which is free or may check the Trademark Public Search Library of Alexandria.

Related Articles: How To Trademark A Logo?

Submission of Application

You must find a filing basis, the moment you are done selecting your mark. There are basically two types of filing basis available:

Use in commerce: This type of filing basis is used when the Trademark is already used or is in current use. However, you must provide proof of using the Trademark.

Intent to use: This filing basis is required when you are not currently using the Trademark but intend to use it in the coming future.

Now it's the time to prepare the application: you can find the application forms from the official website of USPTO. It provides you Trademark Electronic Application System (TEAS), which helps to file the application online. You can either use your own internet connection or visit a Patent and Trademark Resource Center (PTRC) nearby.

Moreover, if you want to file the application offline, you need to pay a processing fee of $375 for each category of goods/services.

So, at present USPTO have three filing options available according to the fee structure.

TEAS Regular

You must submit a fee of $325 for each category of goods/products. Also, you must mention the following points in order to issue a filing date.

Applicants name.

Applicants address.

Descriptive representation of the selected mark.

A list containing complete goods/services of the relevant business.

Filing fees for at least a category of goods/services.

TEAS Plus

In this category apart from the general requirements, there are some very strict requirements. Also, you need to submit a fee of $225 for each class of goods/services.

TEAS Reduced Fee

The filing fee for this filing basis is $275 for each category of goods/services. It promotes pure electronic processing and communication.

NOTE: The filing of the Trademark does not mean that the registration is sure. Sometimes, the filing doesn't prove fruitful and in that case, the fee is not refundable.

Also, the applicant must pay $50 per category of goods/services, if he/she is unable to match the filing requirements of TEAS Plus/TEAS RF.
Also Read: Trademark Filing Timeline
Analysis Period to Decision

This is the final step for registration that an application must qualify. You must pay attention to a few important points that it contains:

Firstly, this step deal with the examination of the application, publishing it in the official Gazette and issuing a registration certificate.

Monitoring is necessary after the submission of the application. Hence, you need to perform a thorough check with the help of Trademark Status and Document Retrieval (TSDR) system in every 3-4 months.

USPTO will assign you an examination attorney and you must provide the complete cooperation that he demands. Also, he will be responsible for the overall review of your application.

Further, the attorney will contact you if the application requires any rectification. He will first issue an 'Office action' and mention the reason to hold the registration process.

USPTO provides a time period of 6 months to respond to an office action. However, they declare that you are not interested in the application anymore if you fail to do so.

It generally takes 12 months to complete the examination and issue the registration. However, it may take more time if there are issues like incomplete documents and opposition from another party.

USPTO will publish your application on the Official Gazette as a sign of approval. Also, they will allow a time period of 30 days for third parties to come up with any sort of opposition.

In case of opposition, the Trademark and Trial and Appeal board will come into action. Otherwise, USPTO will mark your application as registered and you will get a certificate of registration.

Related Articles: Hire A trademark Attorney: What's the Need?

How The Trademark Filing Company serves you best?

We have been a pioneer in terms of Trademark filing and services since the last decade. So, our team of technical experts and professionals provides you with the most satisfying results. Moreover, we provide you with deal services that help to deal with USPTO formalities. Also, you get the outcomes within the deadline and at a budget-friendly price. We provide you with free iterations until you get what you want. To get a hold of more of our services, please click here The Trademark Filing Company.

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A to Z of Trademark Registration Trademark Watch Services: Benefits Is Your Trademark at the Risk of Infringement?

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Trademark Filing :A Step by Step Process -The Trademark Filing Company

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Trademark refers to any word, phrase, or symbol that identifies or distinguishes the product from other manufacturers. Thus, Trademark Filing helps the customer to identify the product and its manufacturer. Moreover, the Trademark provides a brand name to a company. So, you must provide proper protection to the trademark to avoid any sort of misuse.

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Any word, phrase, logo, sound, etc, can be used as a trademark. It helps you gain a unique identity in the form of a Trademark to identify your goods from others, whether you file it offline or online. However, in order to make use of the benefits, you must first register them. Furthermore, thanks to advancements in technology, it is now easier to submit for trademark registration online. Read more about Online Trademark Filing here.

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Online Trademark Filing: Know How to Do it?

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Be it Offline or Online Trademark filing, it helps you obtain a unique identity in the form of a Trademark, to distinguish your product from

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When applying for trademark protection, it's a good idea to be well-versed in the trademark filing process. The time it takes to register a trademark with the USPTO is usually between 12 and 18 months. The trademark filing timeline is made up of numerous stages of the trademark application procedure that make up the entire trademark registration process. Read more about Trademark Filing Timeline.

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Trademark Filing Timeline - The Trademark Filing Company

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When you’re seeking trademark protection, it’s a good measure to clearly know everything about the trademark filing timeline. It generally

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Everything You Must Know About USPTO Trademark Filing

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Everything You Must Know About USPTO Trademark Filing

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The procedure of filing a trademark with the USPTO safeguards a company's brand design by preventing others from copying it. If you don't adequately safeguard your brand, anyone can steal or imitate your design, leading to confusion among potential buyers. You don't want someone else to profit from your brand name by misusing it. You must file an application for a federal trademark with the USPTO in order to seek protection for your brand. As a result, it's critical to comprehend the full USPTO Trademark Filing procedure in order to obtain protection in a timely manner. Read more about USPTO Trademark Filing.

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USPTO Trademark Filing is the process through which an entity protects its brand design by preventing others from copying it. If you don't protect your brand properly, then anyone can steal or copy your design and confuse potential customers. You wouldn't want another organization to profit from your brand name by misusing it. In order to seek protection for your brand, you must file an application for a federal trademark with the USPTO. So it's crucial to understand the entire procedure of the USPTO Trademark Filing to secure protection in a seamless way.

So, this article will help you understand all the key points about the USPTO Trademark Filing procedure. We'll also be giving some bonus information to keep in mind while creating a trademark.

Scope of Trademark Protection

Before we explain the USPTO Trademark filing procedure, let's first understand the scope of coverage of a trademark. A trademark covers various types of elements that an entity typically uses for brand recognition. These elements include the following.

Name of the brand/product/service.

The phrase that the brand uses as a tagline.

A unique word that the brand associates its product/service with.

Any symbol that sets the brand apart in its domain.

A design that is the creation of the organization.

A device that an organization may create to set it apart in its domain of service.

However, you cannot just trademark anything. According to the government, the subject must be distinctive and it should set the brand apart such as a logo. So, choose your mark wisely and ensure that it stands out.

The USPTO Trademark Filing Procedure

Trademark Search

The very first step in the trademark filing procedure is conducting a trademark search. So, this is done primarily on the USPTO's Trademark Electronic Search System (TESS).

Fig1. The TESS homepage

The USPTO will not register your trademark if it appears to be too similar to a pre-existing trademark.

You should also check your state's database if possible, to expand the scope of your search. This is because sometimes entities don't get a federal trademark but they protect their product/service through a common law trademark. A common law trademark doesn't require registration, and hence, it doesn't exist in the USPTO database but offers similar protection. Therefore, it's a good idea to perform an internet search for similar items in your domain to avoid any infringements.

Check for Potential Conflicts

After obtaining your search results from TESS, you should also check the status of any potentially conflicting application or registration. This can be done through the Trademark Status and Document Retrieval (TSDR) system.

Fig2. The TSDR homepage

After comprehending the entire situation, you should analyze whether it makes sense to seek registration.

Note: You should understand that once you file the application, you cannot cancel it. Also, the only way the application stops is if it doesn't meet the necessary requirements. There is no refund available either so you must be absolutely sure before filing the application.

USPTO Trademark Filing

Once you are sure of your mark's originality, you can go ahead with the filing procedure. So, you have to file the application online with the USPTO using the Trademark Electronic Application System (TEAS) portal. Moreover, you can choose from 3 applications to fill, as given below.

TEAS Plus

This form comes into play when you:

TEAS RF

Use this form when you:

Can communicate with the USPTO about your application via email and file forms through TEAS.

Don't want to use the ID Manual or you don't possess the important information to complete all of the necessary fields in the TEAS Plus form.

TEAS Regular

This form comes into play when you:

Can't communicate with the USPTO through email about your application and file certain forms through TEAS, the online application system.

The ID Manual does not contain an accurate listing for your goods/services.

Don't have the information needed to complete all of the required fields in the TEAS Plus form.

Fig3. TEAS applications

The filing process is pretty direct, but you need to provide an extensive amount of information. This information includes contact information like name, address, and phone number. These particulars are very important because the USPTO will utilize them to ask any questions that they have during the application process. There are other requirements like:

Classification of the type of items that will be attached to the mark

A replica of the mark, either in the form of a drawing or image

Image of goods with the design present, if applicable

Explanation as to why a trademark is necessary for the entity

Once all of the information is given, and the form filling is complete, you simply need to sign it and submit it.

Do's and Don'ts: Creating a trademark (Bonus Information)

DO's

Firstly, you can boost your trademark application by ensuring it has a strong, distinctive mark. For example, an amalgamation of two words that portray the product or explain the brand is unlikely to pre-exist.

Moreover, if you're trying to trademark a shape or logo design, render something uncommon, something that doesn't come in frequent use in everyday life.

Make at least 2 back up designs for whatever mark you create. Chances are, you may find a similar mark for your item while conducting the trademark search. So it is better to keep yourself ready with more ideas in the pipeline.

Consult professional help to be absolutely certain about your mark, right from the search to filing the application.

DON'Ts

Don't use generic identifiers as they won't make it through the approval process. For example, words of daily use like 'cars' are not a wise option. This is because it's already in use on a daily basis as a descriptor for a variety of companies. Such a mark would be impossible to enforce, so the USPTO is likely to reject it.

Ensure that your mark doesn't contain any of the following:

Offensive language or targets an individual/group

An individual's name or likeness

Exists as a movie or novel title

Uses a geographic description

Generic non-English term

Need Professional Assistance for USPTO Trademark Filing? - The Trademark Filing Company

Your brand name carries a lot of weight and importance to your company. Copycats can confuse customers and damage your brand. Therefore, it is absolutely crucial to secure the necessary protection to prevent that from happening. Moreover, you've already seen that the USPTO trademark filing process is not always the easiest of tasks. Therefore, if you wish to take professional aid, The Trademark Filing Company can help you. Thus, we focus on protecting your business identity from copycats. Further, our expertise lies in providing gold-standard trademark data and our team boasts years of experience in trademark filing. However, we don't stop there. You cannot worry about your trademark 24/7, so you can also use our trademark monitoring services.

To make an inquiry, visit us at The Trademark Filing Company.

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USPTO Trademark Filing: Everything You Need to Know

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USPTO Trademark Filing is the process through which an entity protects its brand design by preventing others from copying it. If you don't protect your brand properly, then anyone can steal or copy your design and confuse potential customers. You wouldn't want another organization to profit from your brand name by misusing it.

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Trademark Filing Services: Top 6 Benefits

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Trademark Filing Services: Top 6 Benefits

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Trademarks are graphics that visually reflect a company's brand. They can be symbols, words, numbers, or a combination of these. Trademark Filing Services can assist you in obtaining the right to use a distinctive symbol to help differentiate your product. Furthermore, a trademark or brand name has an impact on the decision-making capability of customers approaching a company with a good reputation. As a result, registering a trademark is a crucial step in establishing a company's identity. As a result, trademark filing services assist in establishing one's rights as the legal owner of a trademark, which will protect it from unlawful use. Read more about Trademark Filing Services here.

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Trademark Filing Services: Top 6 Benefits

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Trademarks are symbols, words, numerals, or a combination of all to graphically represent a company’s brand. Trademark Filing Services help

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In the present environment, whether you are a startup or an established company, USPTO trademark filing is a must. Your brand's trademark serves as its identifying card. People are able to recognize the company just by recognizing the trademark. To know more, read about USPTO Trademark Filing.

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If you are a startup or an established firm, USPTO trademark filing is of sheer necessity in the current scenario. The trademark is the identity card of your brand. In essence, people instantly identify the company by just recognizing the trademark.

So, imagine a scenario where someone comes with an identical trademark as yours. This will not only degrade your sales but also, confuse your brand identity. Hence, through USPTO trademark filing and registration, your trademark is legally now your own. Therefore, if any infringer comes up with an identical or similar mark, you now have the authority of filing infringement cases against them.

So, here you will find a step-by-step procedure of USPTO trademark filing in 2 easy steps.
Also Read: Process Involved in IP India Trademark Filing
USPTO Trademark Filing - Know the Procedure

The fool-proof way of securing your trademark is USPTO Trademark Filing. In order to get trademark protection to follow the steps given below.

Verify Uniqueness: firstly, find out whether the design, logo, scent, or sound that you want to trademark is actually unique or not. So, you can take help of:

Figure 1 - Interface of USPTO's Trademark Electronic Search System

TESS also provides you with additional search options for more intricate and detailed searches. Refer to the image given below:

Figure 2 - Basic and Addition Search Options of TESS

Thus, covering all these searches will provide you with thorough trademark search results.

Moreover, the whole purpose of registering a trademark lies in its uniqueness. Therefore, USPTO is very strict regarding this criterion. Also, your mark should have no similarity with an already registered trademark. Along with this criterion, the factors due to which patent office examiner can reject your trademark is:

An offensive Trademark - an unpleasant logo, smell, design or name will lead to straightforward rejection.

An individual's name

Consisting of a geographic description

Generic term (Non-English)

Novel, Book or Movie title

NOTE: You can also take the help of a trademark attorney to be confident with your search results. He/she will carry out in-depth research and will take care of further filing procedures.

Trademark Filing: once you are sure about the uniqueness of your trademark, you are free to move with the filing procedure. So, here you will find 2 modes of trademark filing- online and offline.
Also Read: 5 Key Trademark Benefits
Online Mode- Trademark Electronic Application System (TEAS)

It offers a straightforward process of trademark/service mark filing. Also, it is the official USPTO trademark filing portal. The only requirement is your contact information so that the PTO office examiner can reach out to you. Along with this, provide the following details for a healthy USPTO trademark filing and registration.

Refer to the image given below:

Figure 3 - Interface of USPTO's Trademark Electronic Application System

A replica of the mark, either in the form of a drawing or image

Image of goods with the design present, if applicable

Classification of the type of items attached to the mark

Explanation as to why the company needs a trademark.

It also gives you the option of filing a regular or reduced fee filing option and whether an attorney is filing an application. Refer to the image given below:

Figure 4 - Filing Options on TEAS

Once you provide all this information, your USPTO trademark filing procedure is now completed with this.
Related Articles: Global TM Search: Strategies and Advantages
Trademark Prosecution Procedure at the USPTO

Figure 5 - Flowchart on USPTO Trademark Prosecution

Also Read: Trademark Filing Fees: A Complete Overview
Refer to the following flow chart to get a glimpse of the trademark prosecution that takes place at the USPTO. You will also find the timeline and deadlines of various stages. Moreover, as you look through the chart you will find various deadlines to meet. Be mindful of performing the tasks on time, as the USPTO is very strict regarding the timeline.

Trademark Filing Approach at TTFC

Before you move to the trademark filing stage, ask yourself whether you actually need trademark filing assistance. USPTO receives more than 1 lac trademark applications every year, out of this only 60% of applications get approval. Even a slight similarity or confusion can lead to rejection. Hence, it is advisable to take professional assistance for the same. We at the trademark filing company provide professional assistance for USPTO trademark filing, search and monitoring services. We assure you of the quality of our services, as our experts hold years of experience. Also, we do provide quality results and multiple iterations for complete satisfaction. To know more, do visit, The Trademark Filing Company.
Trademark Image: Know the Possibility Trademark Monitoring: Why is it Important for your Brand? Top Reasons For Trademark Registration Refusal in the USA
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USPTO Trademark Filing: Key Steps - The Trademark Filing Company

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If you are a startup or an established firm, USPTO trademark filing is of sheer necessity in the current scenario. The trademark is the identity card of your brand. In essence, people instantly identify the company by just recognizing the trademark. So, imagine a scenario where someone comes with an identical trademark as yours.

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If you're looking to register a trademark, you should probably consider the cost of registration. Trademark registration is a time-consuming and expensive process. As a result, you should be aware of trademark registration fees so that you can prepare accordingly. Read more about Trademark Registration Fees here.

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Trademark Registration Fees: Know All the Costs

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If you’re seeking a trademark, then the question of trademark registration fees must have come to your mind. Trademark registration can be a

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To begin with, a trademark discourages unfair competition between businesses that profit from customer uncertainty. Customers can distinguish between products with the help of a trademark. Second, a trademark safeguards the owner's good name and investment. To know more, read about Trademark Benefits here.

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5 Key Trademark Benefits - The Trademark Filing Company

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There are certain trademark benefits that one can get while filing the trademark. The main purpose of it is to distinguish the product of the

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Trademarks set your company apart from competitors that offer similar services and products. In order to file trademarks in India, you must be informed of the IP India trademark filing process. This article was intended to meet your needs for information about trademark registration. So keep reading to the conclusion of the article IP India Trademark Filing.

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Whenever you are going to establish any business you must register a trademark for it. Confused about it? Trademarks are signs, pictures, or symbols unique for every business and give the pictorial view of your business to the customers. Hence, customers deduce easily that, this product belongs to your business. You can get the trademark for your business by following the steps required in the IP India trademark filing process.

Trademarks make your business look distinct from your competitors providing similar services and goods. Thus, awareness about the IP India trademark filing process is necessary for you for filing trademarks in India. This article is written to fulfill your demands, on trademark registration knowledge. So read till the end.
Also read: Trademark benefits
Registering Trademark Rights in India

Trademark is the most important asset of any business, once you get a registered trademark it becomes your intellectual property. Thus, you safeguard the interest of your company as no one else can sell the services and products in the name of your brand. However, there is a series of steps you need to take before getting the trademark for your brand. Read further to know more about it.
Also read: Overview of the trademark filing process
Process of IP India Trademark Filing

The steps involved in the IP India Trademark Filing process are as follows -

1. Searching for the suitable trademark:

Pirated trademarks receive direct rejection at the time of scrutiny at the patent office. It is because, if you use the already registered trademark as the trademark of your company, then you are infringing the trademark rights of the owner. The owner may sue you in the future for copying his trademark. Hence you need to be very cautious when going for IP India trademark filing.

2. Filing the trademark application:

Once you are ready with the trademark sign, the next step is to file the application of same at the trademark office. In the application, you clearly need to mention the category of goods and services your trademark is providing. However, the trademark can be in a single class or multi-class category.

3. Scrutiny of application by authorities:

The next step in the IP India trademark filing process starts with an examination of your application by respective government authorities. Upon examination, a report is released that mentions whether your application is accepted or rejected. If rejected, you need to bring the required changes and refile the application within the stipulated time as mentioned in the report. Do ensure to attach pieces of evidence and proof to counter the objections raised by the examiner.

4. Process after examination in IP Indian trademark filing:

Once you have refiled your application, a hearing may again take place where your application will go through examination again if not found satisfactory yet. After the hearing, if the trademark is accepted, it is forwarded for publication in a journal. Or if any objections are still there, your application will again face rejection.

5. Advertising the trademark:

In IP India trademark filing, after the mark is accepted, it goes for advertisement in a Trademark Journal and remains there for at least 4months. The idea is, to aware the general public of your trademark and invite opposition against it, if any exists.

6. Handling objections in IP India trademark filing:

You can receive objections from the general public after advertising your trademark in the journal. The objections may be on numerous grounds most common of that is infringing the earlier registered similar trademark. Thus, you need to follow the laws and file suitable claims as per the objection to support your trademark, and the counter statements also.

7. Trademark registration:

The final and the ultimate goal in the IP India trademark filing process is the registration of your trademark. Once all the objections from the trademark office and the general public are resolved, your trademark is ready for registration.

However, as mentioned earlier your trademark remains in the journal for 4months. Thus, if you receive no objections in 4 months from the general public, your trademark gets automatic registration in one week only after 4 months. Now, depending upon your geographical location you need to renew your registration timely.
Also read: Trademark registration fees- Know all the costs involved
Who helps you best in IP India Trademark Filing Process?

You have read all the steps involved in IP India Trademark Filing, and all of them are to be followed with high precision. Thus you need to hire a professional who understands your concerns and recommends the best possible solution. If you wish this, "The Trademark Filing Company" is the right partner for you.

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Process involved in IP India Trademark Filing

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Whenever you are going to establish any business you must register a trademark for it. Confused about it? Trademarks are signs, pictures, or symbols unique for every business and give the pictorial view of your business to the customers. Hence, customers deduce easily that, this product belongs to your business.

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Trademark Filing Process enables you to register the trademark and logos in the trademark office for protecting it. Moreover, it helps in distinguishing your products from the competitors. It also helps prevent others from using the same logo and design as yours. Read more about the Trademark Filing Process.

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Trademark Filing Processenables you to register the trademark and logos in the trademark office for protecting it. Moreover, it helps in distinguishing your products from the competitors. It also helps prevent others from using the same logo and design as yours. A registered trademark is an intangible asset for a business and protects the company's investment in the brand or symbol. So, after trademarking your logo, it is important for one to preserve that unique identity. The trademark filing process starts with the filing of the application with the and ends at the completion of the trademark registration.

Trademark Filing Process: Key Points to Consider

The filing of the trademark attracts a lot of brand recognition. Hence, the little effort of yours will preserve a trademark for generations and develop a unique identity of the brand. However, the trademark filing processinvolves several steps to follow. The steps are as follows:

Get Ready to Apply

The first step of the trademark filing process starts by choosing the design of the logo or mark. A logo or trademark should be easy to remember and should be relevant to the product of the company. These are some of the points to keep in mind while filing a trademark application:

Once you determine the type of protection you need, the selection of the mark becomes very important. One should do it with some thought and diligence because not every mark is registrable. People usually choose marks that often connect with their product and brand name.

It is also one of the important steps in trademark filing. One should be able to decide, whether it would be a standard character mark or a design mark. People also go towards stylized or sound marks.

Identification of Goods and Services:

It is critical to decide the goods and services for which one wants to apply the trademark for. Identifying goods makes it easier for one to choose marks from a variety of sources.

Trademark searching becomes essential as it tells the applicant whether the registration of a particular mark already exists or not. If someone is already the owner of a specific trademark, you cannot have a similar one.

Under the basis for the filing of 'use in commerce, you must demonstrate that you have been using the mark in commerce. The use of the mark should be prior to registration. If you were already using a mark with all the services in your application, you may file 'use in commerce basis.

Submit the Trademark Application

Once you are clear with the above steps, the filing of the trademark application becomes the next step. You need to mention all the details of the trademark in your trademark application.

Monitoring Application Status

After completion of the trademark application, monitoring of the application becomes important. It is to ensure that the USPTO timely acts upon all the documents you send or receive. Hence, one can easily review what is happening to the trademark application and not miss any important deadlines.
Related Article: Trademark Filing: A Step by Step Process
Examination of the Application

Finally, after filing, the trademark application goes to the trademark office for the examination process. The process involves:

Once the USPTOdetermines that you have met the minimum filing requirements, it assigns you an application serial number. Then, the application goes to the examining attorney. The attorney reviews the application to determine the compliance of the application with the office rules.

The examining attorney decides whether to register the trademark or not. If the attorney decides not to register the trademark, he will issue a letter explaining the substantial reason for the refusal. Thus, the attorney will claim to correct the deficiencies of the application.

If the examinee attorney sends an office action, the applicant must respond to the office action within 6 months of the action. Further, the applicant needs to amend the claims which the examinee's attorney wants him to correct.

Approval/Denial of the Trademark

The next step of the trademark filing process is the approval or denial of the trademark application. So, on the completion of the examination, the attorney approves or rejects the trademark application depending on the response of the applicant. There are several steps to follow as given below.

Publication of the Mark

If the examinee attorney raises no objection, or if the applicant overcomes all the objections, approval of the application takes place. After approval, the USPTO publishes the trademark in the "Official Gazette." "Official Gazette" is a weekly publication of the USPTO. Further, the USPTO sends a notice of the publication to the applicant stating the date of publication. Finally, the USPTO gives 30 days of time for the opposition of the trademark to happen if anyone wants to oppose it.

After the publication of the trademark, the next step is a notice of allowance to the applicant. If there is no opposition regarding the trademark application, USPTO issues a notice of allowance to the applicant. A notice of allowance means the successful survival of the trademark filing in the opposition period after publication.

Filing the Statement of Use (SOU)

A time period of 6 months is given to the applicant from the date of allowance to file the Statement of Use (SOU). The applicant needs to use the trademark in commerce and file SOU. If the applicant fails in doing so, it results in the abundance of the trademark application.

A Statement of Use (SOU) must meet minimum filing requirements before an examining attorney fully reviews it. So, when SOU meets the minimum filing requirements, the attorney determines whether it is acceptable to permit registration or not. If the examinee identifies no refusals or additional requirements, he approves the SOU.
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Trademark Registration

This is the final stage of the trademark filing process. Once you pass all of the above steps, the registration of the trademark happens. The following points are important to remember:

Within approximately 2 months after getting the approval of SOU, the USPTO issues the trademark registration. So, to keep the registration live, the applicant must file specific maintenance documents. Otherwise, failure to make these filings will result in the cancellation of the registration.

Even if your trademark registers, you should monitor the registration on an annual basis. Thus, it is important to check the status of your registration after making any of the filings to keep the registration alive.

The USPTO attempts to ensure that no other parties receive a federal registration for a similar trademark. But, it is the responsibility of the owner to bring legal action and stop others from infringement of the trademark. So, if the owner suspects the infringement of his trademark, he should immediately oppose the actions of the other party.

Looking for Trademark Filing? - The Trademark Filing Company

It is always beneficial to claim your trademark before someone else does. The Trademark Filing Company (TTFC) consists of professionals who have years of experience in the trademark filing process. If you want to register your trademark, TTFC with its world-class facilities and professional expertise would help you in doing so. Moreover, we file quick and easy trademark applications for our clients at optimal cost. Our team also provides timely notifications to our clients at each step. TTFC is well aware of every guideline and the latest trademark laws to ensure our client's trademark safety. Further, we will also report you with the proper updates. For more information, visit The Trademark Filing Company.

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Trademark Filing Process: A Complete Overview

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Trademark Filing Processenables you to register the trademark and logos in the trademark office for protecting it. Moreover, it helps in distinguishing your products from the competitors. It also helps prevent others from using the same logo and design as yours.

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Registering a trademark becomes a daunting task for some people when they are not equipped with the right procedure of filing it. There are a few things of great importance that one needs to consider before going for trademark registration. Read more about Trademark Registration Process here.

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Here we will discuss the Trademark Registration Process from the very beginning stage till its grant and maintenance. But let us first learn what differentiates a trademark from its counterparts- Patent and Copyright. A trademark is simply a mark that works as an identification symbol for the goods and products of a company. Moreover, it works as a recognition factor by differentiating the products of one company from the rest.

On the other hand, a patent protects an invention, and copyrights guard original artistic and literary works. So if you invent a new type of the computer, you will get a patent to protect the invention. You will go after a trademark to give a name to the computer in order to sell it in the market. Moreover, you will go for a copyright for the TV commercial of that computer. Therefore, a trademark essentially works as a brand name for a company.

With this brief overview on trademarks, now let's move on to how you can register a trademark.
Also Read: Trademark Filing in USPTO: Important Things to Remember
The USPTO Trademark Registration Process

Registering a trademark becomes a daunting task for some people when they are not equipped with the right procedure of filing it. There are a few things of great importance that one needs to consider before going for trademark registration. It will save you time and money at the time of trademark registration.

(Step1) Pre-Registration

There are many things you need to consider before proceeding with the trademark registration process. First, determine if you actually need a trademark for your company or a registered business name is enough to identify your company.

(Step 2) Trademark Selection

The second milestone in the registration process is mark selection. This involves selecting a distinct mark that works as a symbol of identification of your company.

(Step 3) Trademark Search

USPTO offers the Trademark Electronic Search System (TESS), a search engine that enables people to directly search a mark from the USPTO database. Refer to the Design Search Code Manual if your trademark is essentially an innovative design. You can locate a design by using a design code in the manual.

(Step 4) Trademark Application:

You can file a trademark application to the USPTO through the Trademark Electronic Application System (TEAS). The filing process is both online and offline and the fee falls under the bracket of $225-$600.

Note: there is no refund for the filing fee, even if your trademark registration request gets rejected.

(Step 5) Application Monitoring

Don't just forget after filing your application. Keep a strict vigilance over it, monitor its progress as it goes through the process of prosecution. You can keep a check on the Trademark System and Document Retrieval (TSDR) System every 3-4 months. Also, timely review and respond to office actions within 6 months of the date of issue.

(Step 6) Registration Maintenance

You land on this step when your trademark registration gets approved by the controller of the trademark office. Once you receive your registration certificate, timely file all the relevant documents for its maintenance. The count of deadlines starts from the date mentioned on the registration certificate.

International Filings

If you are looking for trademark registration in multiple countries, there is a set of rules for the same. The Madrid Protocol is an agreement for the international registration of trademarks. Through the Madrid system, you file one international application, in one trademark office, pay a single set of fees and simultaneously seek protection in 120 countries.
Also Read: Trademark Filing Essentials: Must Follow
Category of the Distinctiveness of Trademarks

Fanciful marks

This is an inherently distinctive mark that has no meaning before it comes in association with a company. For example, KODAK, Pepsi, Xerox had no meaning before they got adopted by the respective companies.

Arbitrary marks

An arbitrary mark is generally a word or image with a dictionary meaning. But, it is not particularly suggestive of the associated product. For example, 'Apple' is an arbitrary mark for Apple computers.

Suggestive marks

It is quite evident from the name, a suggestive trademark 'suggests' or gives an indication of the product and services that a company offers. For example, 'Acoustic Research' for stereo loudspeakers, 'Habitat' for home furnishing is suggestive of the products and goods they are in association with.

Descriptive marks

This type of mark clearly describes the characteristics of the products that the company offers.

Generic terms

These are the general terms that became significant due to their popularity. Moreover, they are synonymous with a general class of product or service. For example, Chapstick, Band-Aid, Frisbee, Fevi-quick, Google, etc. are some of the generic trademarks.
Also Read: Trademark Filing Fees: A Quick Overview
The Mark Format

This section talks about the form in which you present your trademark. That is, a trademark is eligible for registration if presented in the following formats:

Design Marks: these are the stylized marks in the form of words, designs or both. The USPTO accepts .jpg file format and dimensions are 250-944 pixels long and 255-944 pixels wide. The dimensions for scanned image is 300-350 dots per inch (dpi). Examples include Mercedes, Chanel, Nike logo and many more.

Color marks are a bit difficult to register as you need a proof of acquired distinctiveness. For this, file a color claim and name those colors and mention wherever they appear in the overall design of the mark. Examples include Cadbury Purple, Barbie Pink, and Tiffany Blue, etc.

Shape marks: talk about the 3-D configuration i.e. the overall shape and design of the article/product. Examples include the shape of the Coca-Cola bottle.

Sound marks: are in the form of audio (size- 5 Mb max.) and video (size- 30 Mb max.). Additionally, the acceptable format is .wav, .wma, .wmv, .mp3, .mpg or .avi. All the sound files are in .mp3 format in the USPTO database. Accompany the audio and video file with a detailed description of the sound. Examples include default ringtone of Nokia, Yahoo's Yodel, etc.

Also Read: Online Trademark Filing: Know How to do it?
Points to Remember while Trademark Registration

The trademark registration process seems like a daunting and lengthy task. But, there are a few ways that will make your trademark registration itinerary comparatively shorter and hassle-free.

Taking due help of an attorney is a wise decision from the very first stage of registration. Their legal guidance and itrations make the process hassle-free.

Do not take the trademark search step lightly and directly file the application. There is always a chance that there already is a similar if not exactly the same trademark already in use.

Be mindful of your 'trademark filing-basis' before going for registration.

Always be mindful of the fact that a trademark registration is wholly and solely for the purpose of business. You will not get trademark registration certificate for personal use.

Clearly emphasize the products for which the trademark you are going to use. Or for the service for which the servicemark you opt for.

Also Read: Trademark Filing Basis: Things to Know
What do we offer?

You must not want to fall prey to the complications of the trademark registration process. While looking for guidance for trademark search and filing you have come to the right place. At the Trademark Filing Company, we provide complete assistance to our clients throughout the trademark registration process. Also, we provide post-grant services and free iterations until complete satisfaction. We assure you efficient and dependable services that too at pocket-friendly rates. To know more about services, do visit The Trademark Filing Company.

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Trademark Registration Process with Additional Tips

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Here we will discuss the Trademark Registration Process from the very beginning stage till its grant and maintenance. But let us first learn what differentiates a trademark from its counterparts- Patent and Copyright. A trademark is simply a mark that works as an identification symbol for the goods and products of a company.