There is no doubt about the fact that your brand is the utmost important part of your entire business. To protect your brand and your business, it is essential to go for trademark registration. It represents the brand, name, symbol, etc. of a company. With it, third parties or competitors cannot use your business’s trademark without permission. However, before doing that, it is essential to go through the process of trademark filing services USA and prosecution. Trademark filling can help the business owner take one step ahead in enjoying additional protections like presumed ownership. Plus, it lessens the burden of proof.
Moreover, trademark prosecution is an essential stage to go through. After a trademark becomes sacred, it becomes an intangible asset of the firm and can help protect the investment in the company. This can help protect the brand and the company as a whole. However, before going through the trademark filing and prosecution process in the USA, you need to learn about it in depth. So, here is a guide to trademark filing and trademark prosecution in the USA.
A Complete Guide to Trademark Filing in the US
Trademark filing is not simple, but the brand protection that comes with it is worth everything. However, to register the trademark with the US Patent and Trademark Office, or USPTO, it is essential to fill out and submit a trademark application. This can be done online via the Trademark Electronic Application System, or TEAS. It is an online trademark filing service. Otherwise, you can also submit a paper application.
Owner of the Mark Along with Contact Information
If a business is known to be a corporation or LLC, then the owner’s name is considered the business name. An individual can own a trademark as well. When it comes to contact information, a mailing address, fax number, or any other mode of contact is required.
What are the Types of Marks?
There are three mark formats from which you can choose:
a) Standard character format
This format allows for the use of trademarks in any kind of style or design.
b) Special character format
This format can be used if the mark has a design element—stylized words, letters, numbers, etc.—that you wish to protect.
c) A sound mark
For this format, there are instances like the three-note chime for NBC, Intel’s sequence to denote the Pentium processor, etc.
Involvement of a Drawing and Specimen
The trademark application also involves a drawing and a specimen of the mark.
a) Drawing
This is a visual depiction of the mark. A drawing of your mark will show how it looks without anything around it or without the mark having anything attached to it. If the trademark is in standard character format, then the drawing will involve typed letters, punctuation, etc. Or if it is in a special character format, then it will be a.jpg file.
b) Specimen
This shows how the mark is used in connection with goods and services. However, if sound is used to brand the products, then there might be a need to include a video clip. Also, if trademark filling is done in a sound format, then submitting the specimen needs to be done in an electronic file. Also, audio files cannot exceed 5MB in size, and video files cannot exceed 30 MB.
Why Identify the Goods or Services Properly with Your Mark?
Identifying the goods and services properly is essential. Otherwise, making any mistakes means not being able to change or make additions to goods or services. Your application should properly identify whether the mark is for goods or services.
What is the Trademark Filing Basis?
There are four choices to select the best trademark-filing basis:
a) Use in commerce
This filling basis can be used if you are already using the mark ‘in commerce’. This means in connection with goods or services offered in different states, one state, or internationally.
b) Intent to use
This filling basis can be used if you are planning to make your mark in commerce within the upcoming years. However, it is essential to use the trademark and offer a specimen before registering.
c) Foreign applications exist for similar goods and services.
This filing basis can be used if you plan to register a foreign application for a similar trademark. It should be within 6 months of filling out the US application.
d) Foreign registration exists for similar goods and services.
This filling basis can be used if foreign registration exists for the mark in a proper treaty country. Otherwise, it is essential to offer important information in the US application along with the print of the foreign registration certification.
What is the Fee for a Trademark Application?
The filing fee for trademark applications is estimated to be around $250–$750 for each good or service. The fee is non-refundable in case the application gets rejected.
What Happens After Trademark Filing?
The application gets to the trademark attorney USA to be examined properly. He will begin reviewing it within three months. If there are any issues with the application, then you will receive a trademark office action, which you should respond to immediately.
After this, your mark will get published in the weekly USPTO publication that lists published, renewed, and canceled registrations. If any other trademark owner opposes your application, then this can slow down your registration process; otherwise, your mark will be registered.
Depending on the circumstances, it can take a few months to years for a registrant to get a trademark office action response and final approval and registration.
Why is Trademark Prosecution in the US Important?
Trademark prosecution is known to be a technical term that defines applying for a trademark with the USPTO. A trademark is a company’s symbolic representation. It can be a picture, text, smell, etc. However, it should be unique, and you should not confuse it with any other company’s trademarks. For trademark prosecution in the US, a certain application process needs to be followed.
Trademark prosecution is basically a series of transactions between a trademark lawyer and authorities of the trademark office to finish the prescribed work. It can either be done before or after registering a trademark at domestic as well as international level. However, it is an important process which cannot be avoided. The process is to convince the authority to carry out the further process requested by the applicant or a trademark owner to make the trademark registrable in the country.
Why Choose Bissmarks for Trademark Filing and Prosecution in the US?
Bissmarks is the right place to enjoy registration, trademark filing, prosecution, and watch services in the US since 2011. It can help you set yourself and your brand apart from others by offering top-notch protection. Bissmarks offers the best trademark filing services in the USA. Other services offered by Bissmarks are comprehensive trademark search, US trademark renewal, statement of use, revive abandoned trademark services, etc.
They have two pricing plans for trademark filing in the USA:
- Gold: This plan is for $99 along with government-fee. Also, it involves a search report, a second free search, attorney-led filling, any number of classes, unlimited class addition, minor and major office action, guidance in the Amazon brand registry, etc.
- Platinum: This plan is for $199 along with the government-fee. It also involves all the benefits of the gold plan, along with major office actions, statements of use, priority processing, business WhatsApp of a dedicated account manager.
So all you need to do is to pick your favorite plan, file a form and review a draft, and submit your application. The best part is that our team is going to help you in every process. With Bissmarks, you can easily protect your intellectual property by getting the right services. They are best known for their comprehensive services, top-notch experience and expertise, on-time services, personalized approach, complete client satisfaction, etc. Plus, all of this is maintained by maintaining complete transparency and clear communication. So, with us, you don’t have to fret about anything. Our team of expert trademark lawyers is 100% committed to do trademark registration and prosecution effortlessly and successfully. So, Bissmarks is here to solve all your trademark related issues in order to protect your intellectual property in this competitive world.
