The cost to register a trademark varies depending on the category of goods or services, with filing fees ranging from $275 to $375. There is a specific cost to register a trademark in the country. A word, a number, a logo, or even a color scheme may perfectly express the essence of your brand, and a trademark registration with competent authorities can safeguard this identification. In addition, it is possible to use a trademark in the nation in which it is registered because trademark protection is dependent on the territory.
What is a Trademark?
A trademark aims to set the dealer apart from other traders by identifying the business's goods or services. Since it not only identifies a trader but also informs customers that the goods or services carrying the mark are from a distinct source that can remain distinguished from all other sources, a trademark is crucial to the success of any business. Trademarks and service marks are both frequently referred to as trademarks. The difference between a trademark and a service mark is pretty slight, and these marks are the same. A trademark advertises items or products, whereas a business mark advertises services.
Furthermore, "trademarks" and "service marks" are frequently used to describe service marks. The word "T.M." signifies that the mark is used as a trademark by the company. It doesn't mean the brand gets protected by trademark law or registered. Although using any of the symbols is optional, there are two significant benefits to doing so. The terms "trademark," "copyright," and "patent" are used simultaneously. Different types of intangible property, such as patents, trademarks, and copyrights, may be bought and sold, licensed, or otherwise utilized for financial gain.
While copyrights protect the original works of authorship, like paintings, computer programs, sculptures, and architectural designs, patents protect discoveries and innovations. Trademarks do not in any way safeguard originality or ingenuity. In reality, a trademark can be secured without originality or creativity on the owner's part.
Trademark Registration Cost
There are two types of trademark registrations in the USA— State trademarks and Federal trademarks. When a state trademark request gets filed with the state trademark office, the state trademark office reviews the application to see whether any state databases have conflicting registrations. State trademark registration is done considerably more quickly than federal trademark registration. Only trademarks utilized: in domestic or international trade are eligible for federal trademark protection. The filing fee currently ranges from $275 to $375, depending on the category of goods or services.
The trademark application will be given to an examining attorney after it has been filed, who will note any problems with it. State and national trademarks are the two categories of trademark registrations in the USA. When a state requests a trademark, the state trademark office examines the application to check whether any state databases contain existing registrations that are in dispute. Federal trademark registration takes far longer than state trademark registration. Federal trademark protection is only available for brands that are used in domestic or international commerce.
Depending on the type of products or services, the filing price ranges from $275 to $375. After filing, the trademark application will get submitted to an examining attorney, who will note any issues with the application.
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Trademark Registration Process
Owners of trademarks can register their marks federally with the USPTO. Applications may be submitted with or without the intention of using them. However, the USPTO will not grant a trademark registration before the applicant submits a statement of use of the mark in commerce and proof of use is presented and accepted. For registrations based on non-US registrations made under international treaties, there is a narrow exception to this provision. However, foreign businesses must still provide evidence of usage between the fifth and sixth years following the registration issue date.
Once the three-year statutory period from the registration date has expired, other parties may also file a petition to have- the registration canceled on the grounds of abandonment by non-use. A trademark holder may submit a registration request if the mark is genuinely used in commerce at the time of the application for federal registration. A USPTO trademark investigator assigned to this application is in charge of managing its prosecution. Registration should be issued between 12 and 18 months after the application is filed if the examiner: does not disagree with the application as filed, no third parties file extensions of time to resist, and no oppositions are lodged.
The USPTO initiates office actions to notify the applicant of those issues and invite the applicant to react if the examiner decides there are problems with the registrability of the applied-for mark. Additionally, if an applicant genuinely intends to utilize the mark in commerce, the USPTO will accept their application for trademark registration. Although the applicant does not have to provide a statement of use until it starts using the mark in commerce, the execution of those applications is generally comparable to usage-based applications. The USPTO will issue a notice of approval after the opposition period has ended if the statement of use is not submitted and accepted before the investigator approves the mark for publication. Following that, the applicant has six months to submit a statement of use, proof of usage, or a request for an extension of time. The deadline for submitting statements of use may get extended up to five times for six months. A new trademark application costs US$350 per class when submitted using the Trademark Electronic Application System (TEAS) form and US$250 when submitted using the TEAS Plus form.
The USPTO does not accept paper trademark filings. All trademark petitioners with foreign domiciles are required by the USPTO to be represented by an attorney who is admitted to practice law in the United States.
Key Terms
- Acquired Distinctiveness: Even when a trademark is initially explanatory and thus unregisterable, it is likely to modify this by using the mark in the marketplace, originally as a common-law mark.
- Blackout Period: A blackout duration is the time gap between the U.S. Trademark and Patent Office authorizing a trademark and the date when the headquarters allocates a Notice of Allowance. During a blackout term, applicants should not register for an Allegation of Use.
- Certificate of Registration: The authorized trademark registration paper from the U.S. Patent and Trademark Office.
Conclusion
In a nutshell, the U.S. Patent and Trademark Office (USPTO) in the U.S. does not definitively give the right to a mark unless the USPTO has proof of ongoing usage in commerce and the relevant geographic area. Or without the applicant stating that he has a "good faith intention" to use the mark in the case of an international submission. Contrary to owners whose mark is listed on the main register, trademark registration does not allow for a presumption of ownership of rights.
Only marks used in the United States or its regions or those based on a foreign registration granted in the applicant's place of residence are eligible for this registration. So if you are looking for a lawyer to help you with your trademark registration, it is time to consult our attorneys at ContractsCounsel.
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