Frequently Asked Questions

A trademark is a legally protected symbol, word, or phrase that identifies a company's unique products or services. It distinguishes them from competitors and establishes brand recognition. Trademarks offer exclusive rights and prevent others from using similar marks, ensuring consumers easily recognize and associate the mark with a specific brand.

Examples include the Nike swoosh, Apple's bitten apple, and Coca-Cola's distinctive script.

A Service Mark refers to a term, expression, icon, or tool - or any blend of these elements - that is utilized or planned for utilization in trade. Its primary function is to recognize and differentiate the services offered by one provider from those provided by others.

A Good refers to any tangible item that can be utilized, worn, possessed or physically interacted with.

A Service refers to any activity or duty offered for the benefit of the customer. Examples of services encompass tasks like dry cleaning, offering legal assistance, or conducting banking activities.

A patent is a form of legal protection for the design and functionality of an invention. It grants the patent holder sole permission to produce goods or services based on the patented invention for a duration of 20 years, starting from the date of filing the patent application.

A Copyright typically safeguards the creations of an artist. Usual elements that are subject to copyright encompass books, images, artwork, films, and music.

A Common Law Trademark refers to the usage of a company's name, logo or slogan in the marketplace, irrespective of whether the mark has been officially registered or not.

A Specimen refers to a practical illustration of the specific way a trademark is applied to a product or service. Suitable specimens can be things like tags, product packaging or service advertisements.

Essentially, an Intent to Use Application can act as a company's “placeholder” in the queue and authenticate its application. A company must submit a Statement of Use within half a year after registering an intent to use trademark. In case additional time is required, up to five extensions (each lasting six months) can be applied for with valid justification.

An application for a Statement of Use is submitted to notify the USPTO of the trademark's active usage. This step brings the mark into effect, subsequent to lodging the Intent to Use Application.

The term “Use” pertains to commercial utilization. A Trademark that hasn't been applied to goods or services, but is planned for future use is under “Intent to Use” status. Once the Trademark transitions into an “Active” state and is employed in commerce, a sample can validate its active employment.

A word, name, symbol, device, or any mix of these elements that is utilized or planned for use in trade by someone other than the original owner, serves to verify aspects such as regional origin, material composition, manufacturing process, quality standards, accuracy and other features of an individual's goods or services. It can also indicate if the workmanship on said goods or services was carried out by union members or a similar group.

A combination of words, phrases, symbols, or devices that are used or planned for use in trade by members of a related group. These symbols signify affiliation with a particular group or organization.

If a set of words is employed to characterize a symbol, the USPTO might try to assert ownership over some of the general or explanatory terms. If you don't disclaim part of the mark you're seeking, your application could be turned down. However, it's possible to contest this disclaimer request. If you decide to challenge it, it might be wise to consult with a lawyer.

Once a trademark has been in consistent use for a period of 5 years, it becomes eligible for the filing of the Declaration of Incontestability. This declaration offers enhanced protection according to trademark law and safeguards the trademark from being contested on various grounds by others.

If the mark is descriptive, a surname, or a geographic location, it may need to be filed in a specific form. In such cases, the applicant may receive an Office Action Letter from the USPTO notifying them of this requirement.

The symbols TM, SM and ® are utilized to indicate a claim of trademark rights by the user. There is no need to file with the Federal Registration for using TM and SM. However, the ® symbol can only be employed if a filing has been made.

An illustration is a graphical depiction on paper that exhibits the logo. For active mark applications, the illustration needs to demonstrate its utilization.

A trademark is considered abandoned when it's no longer under review by the USPTO, either due to a rejection or an Office Action Letter that wasn't answered within the given timeframe.

Yes. A deserted trademark can be revived through the Petition to Revive, provided it is done within two months of issuing the Notice of Abandonment.

Conducting a Trademark Search helps to identify any other marks that may have a similar pronunciation, spelling, or look. While this search isn't mandatory, it can be beneficial in preventing accidental replication of existing active trademarks.

The Common Law Search involves looking for records beyond the federal register and ongoing trademark applications. Its objective is to identify marks in use that haven't been registered with the USPTO.

The Application Process involves the following elements:

1. 1. The mark that will be used.
2. 2. Owner's or Applicant's legal name and address.
3. 3. Applicant's type of legal entity:
   • a. Corporation, LLC, Sole Proprietorship, etc.
4. 4. Name and address of individual for correspondence.
5. 5. An illustration of the Trademark.
6. 6. Categorization and classification(s) of your good(s)/service:
   • a. You can choose multiple classes, but keep in mind that your cost will increase with each additional classification you select.
7. 7. A description of the good(s)/service provided.
8. 8. An inventory of products and services to be included in the application.
9. 9. The date the mark was first used in commerce + the date of the mark if shared anywhere else.
10. 10. A duplicate of the sample specimen.
    • a. Should a duplicate of the specimen be unavailable at the time of filing, an email reminder will be dispatched by Bizntrademark.

Regardless of the method used to file, the United States Patent and Trademark Office (USPTO) charges a fixed fee of $350 for each application. After conducting our search, Bizntrademark collects this fee and forwards it to the USPTO upon signing and filing the application.

Yes, you can request a refund for any order before it has been submitted to the USPTO. After the USPTO has received and processed the filing fee, it cannot be refunded. If our team is already in the process of reviewing and processing an order, a $50 cancellation charge will apply.

The processing time can change. According to the USPTO, they'll start reviewing the application in about 3 months. The review usually takes a month. If it's approved, the USPTO will list the mark in the Official Gazette to check for any public objections. If no one objects after 30 days, they'll get the mark ready for registration, which typically takes another 3 months.

Yes, changing your trademark does involve some fees. These costs depend on how far you've progressed in the trademark process. If you need to make a change after your trademark is published in the Official Gazette, you'll have to file a Post-Publication Amendment. If you need to make a big change to the trademark itself, you might have to file a new application and pay additional fees.

If the US Patent and Trademark Office (USPTO) finds an issue with your application, they'll send an Office Action letter. You can either reply to this letter or drop your application. The letter has a due date. If you don't respond by then, your application will be dropped. If you reply but the USPTO still has issues, you can appeal to the Trademark Trial and Appeal Board (TTAB). The TTAB process has complicated rules, so you might need a lawyer. Bizntrademark provides a service to help you respond to the Office Action letter and keep your trademark registration on track.

You can check the progress of your application by accessing the Trademark Status & Document Retrieval portal on the USPTO's website. Your serial number will be required for this. Here is the link: https://tsdr.uspto.gov. If you have any queries about your status, you can reach out to USPTO through several ways provided on their contact information page: https://www.uspto.gov/trademarks/contact-trademarks.

To keep your trademark protection after registration, you must submit a Declaration of Continued Use on these dates: 1. The 5th-6th anniversary of the filing date (first declaration filed) 2. The 9th-10th anniversary of the filing date (second declaration filed) 3. Every 10 years after the filing date (ongoing filing). Bizntrademark provides a Trademark Renewal service to help with easy renewals and to make sure your trademark stays protected.

The USPTO often rejects based on the following primary reasons:

• ● Likelihood of Confusion
• ● Merely Descriptive and Deceptively Misdescriptive
• ● Geographically Descriptive and Geographically Deceptively Misdescriptive
• ● Ornamentation
• ● Surname

For additional information on each rejection, please refer to the official USPTO website.

An effective description should be concise, ranging from two words to a sentence. It needs to be precise but not overly detailed or ambiguous. Moreover, it cannot represent the category classification of the mark.

Rights under common law are restricted to the specific area where the mark is utilized. On the other hand, registered trademarks offer nationwide protection and serve as a formal declaration of the owner's claim over the mark, proving ownership. Furthermore, owners of registered trademarks have the ability to register with the U.S. Customs Service to inhibit the importation of foreign goods that infringe on their marks.

The individual who either initiates the use of the trademark in business or submits an Intent to Use Application.

The act of registering a company name safeguards the unique word, phrase, symbol, or device intended for commercial use, setting it apart from other businesses. The process of trademarking a logo specifically ensures the protection of its design. While it's possible to trademark logos, it isn't mandatory. Should you decide to register a logo, it will necessitate its own separate registration process and associated costs.

The United States Patent and Trademark Office (USPTO) has compiled a selection of endorsed categories to pick from. One can register a mark across various classes, but it's important to note that each category carries its own distinct filing fee.

USPTO Master List Search: https://idm-tmng.uspto.gov/id-master-list-public.html

Generally, no. If you register a trademark, it typically safeguards the corresponding web address too, provided that the address is a “.com” and exactly matches the trademark name.

No. It's not necessary to individually register plurals because they are closely linked to the trademark name.

The owner of the trademark should dispatch a Cease and Desist letter to the party violating their rights, requiring them to halt the use of the trademark. If the alleged violator ignores or disputes this demand, filing an infringement lawsuit is a possible course of action. It would be prudent to consult with a lawyer if you decide to proceed in this manner.

Yes. Nonetheless, any modifications to the assignment should be reported to the USPTO.

Software can be classified as either a product or a service, depending on its usage. When software is purchased by the consumer in the form of a disc or downloaded, it's viewed as a product. However, if the software is used to perform certain tasks without the consumer retaining any part of it, it's deemed to be a service.

The nature of trademarks is to protect the identification of a good or service. To properly protect a story or novel, a copyright is the most adequate method.

While it's not necessary to be a U.S. citizen, any current citizenship status needs to be declared on the record during the submission process.

No. The protection of a registered trademark is limited to the U.S. alone. For the owner to secure registration in foreign countries, they must have an ongoing application or a trademark that's already registered, and then verify if the target country is part of the Madrid Protocol. If it is, they can submit an International Application to the International Bureau under the World Intellectual Property Organization.