Therefore, you've got just come up with a handy guide a rough product name and you have decided you would like to trademark it. What ought to you are doing next? Is it really as straightforward as the web site at the US Patent and Trademark Office says it is? Can I extremely do it while not a trademark lawyer? These and different queries can be answered during this article.
Once you come back up with your product name, you must initial find out whether or not that name is already getting used for the type of product or service that you want to use it for. You can do this by doing a internet explore for the name, looking it through the US Patent and Trademark Office website to determine if it has been registered or applied for, or by contracting with a special search company who also check through telephone listings, company names, and has additional resources offered than either of the previous options. If it's already being employed, you may doubtless should consult a trademark attorney to find out whether or not or not your use is completely different enough from the one already in use, to justify spending your money on making an attempt to market a reputation that's going to have to be changed later.
To Illustrate you can't find any alternative uses of the name out there. Does this mean you're home free? Well, not quite. If the name you have chosen is simply "descriptive" of the merchandise, such as "Red Rubber Ball" for a rubber ball toy, or "Meaty Dog Food" for a dog food created of meat, it might be nice for the consumer, but it's not essentially a reputation that the US Patent and Trademark Workplace will accept as a trademark. A name that's "merely descriptive" isn't visiting pass muster, and can not be awarded a registration. There are more classes of name that are also not registrable, but they are a bit a lot of sophisticated, and you actually should consult a trademark attorney concerning how best to proceed in those cases.
If your product or service name isn't already getting used, and is not descriptive, what then? Well, at that time you have a range of choices. You can begin using the name, spending the mandatory money to promote it, print it on labels, etc., wishing on your "common law" trademark rights, or, if you are solely visiting be using the name regionally you COULD go after a state trademark (check with your explicit state for details), or you'll then proceed with national trademark registration.
Your "common law" trademark rights are sensible, and you CAN sue somebody for infringement if they were to copy your name for the same product, but the court battle would be a lot a lot of tough than if you had a national registration. A state registration is pretty sensible, however what happens once you border another state, and the guy simply over the method starts using your product name for a similar product? It's rather difficult to limit your "territory" in the times of the Net and straightforward transportation. Again, a national trademark would undoubtedly create your life easier. (Please note that you'll be able to also register your mark internationally once your company grows to the extent that you are trading overseas. I absolutely advocate a qualified trademark attorney for international registrations.)
If you choose to travel for a national mark, and want to attempt to apply on your own, you can move to the US Patent and Trademark Office web site at and go through the whole application online. In some cases, where the name is terribly distinctive, and the product is easy to explain and fits neatly into one amongst the classes for emblems that you can realize on the web site, and you'll simply send a "specimen" showing that the name is in use within the approach you say it's in use, your registration could undergo without a hitch and you would receive a registration in approximately 18 months. Then, in most cases, you'd be protected against anyone within the United States using your product or service name on a similar product.
Sadly, it's not forever the case that your application for trademark registration goes through quite this easily. Oftentimes, you will receive what's known as an "Office Action" from a Trademark Examiner within the US Patent and Trademark Workplace asking you to clarify something, rewrite your statement of use, submit a completely different sample, or requesting additional information. Or, your name might be "published for opposition" (a required step in the method) and somebody who you did not realize in previous searches turns up to "oppose" your registration. These are cases where you will presumably would like the services of a qualified trademark attorney to assist you.
Once you have submitted your application, an attorney will facilitate your with several of the changes that may have to be made to realize registration status. But, there are mine fields and pitfalls associated here as well. It's entirely doable that you may have created a "fatal error" in the appliance, and it should all be started over again. If you do not realize this out till your first workplace action, you will have wasted six months or additional of time, AND your entire filing fee, just to have to start out over once more with a lawyer's help. If the issues come up at the time of publication for opposition, this can be the point where you're nearly entirely through the process. Beginning over at now would seemingly value at least a year's worth of effort.
In summary, your product name will be protected either by common law trademark, state trademark, or national trademark. Both common law logos and state trademark registrations have serious limitations, however are available. For national registrations via the US Patent and Trademark Office, you CAN do them yourself, however be aware of the pitfalls and possible difficulties involved. Otherwise, consulting a certified trademark attorney will probably prevent vital time, and will in all probability prevent money in the long run.
Author Resource:
Adam has been writing articles online for nearly 2 years now. Not only does this author specialize in Product Trademarks
You can also check out his latest website about
Dyson Replacement Parts Which reviews and lists the best
Dyson Vacuum Accessories
![[Valid RSS feed]](http://www.look4articles.com/images/icon_Rss.png "XML Feed For RSS"){kind=icon}
Category Rss Feed
Print This Article
Add To Favorites
![[Valid RSS feed]](http://www.look4articles.com/images/rss.jpg "XML Feed For RSS")