Trademark Registration Made Easy and Efficient

A trademark is a word, name, symbol, slogan, logo, or any combination presently used or intended to be used in commercial business. A trademark distinguishes the goods of one manufacturer or seller from their competitors. In a few words, a trademark is brand identity. For example, Nike’s slogan “Just Do It” is their trademark and no one else can use it commercially.

A trademark search is a search of private and/or public databases to find out whether your desired name, logo, or slogan is available to be used or not. If you are applying for a trademark, then it is a good practice to do a trademark search first. Otherwise, you will apply for a trademark and start filing documents only to later realize that you cannot use it. 

A good trademark search helps you avoid any expensive and time-consuming mistakes. A trademark search before starting the application can save you a lot of time and money.

A preliminary trademark search is also known as the “exact match” search or “knockout” search. It identifies identical names to your desired name or names that sound the same but have different spelling.

A preliminary search shows if the exact name you want is available or not It does not show if there are any identical or similar names registered in any category. USPTO can deny you permission for a trademark if there are any identical names or logos as it can create confusion to the customers.

You can find an exact match to your desired trademark by searching on Trumarked.com or USPTO trademark website. But there is still a huge chance that your desired name may be identical to other registered trademarks. A Comprehensive search package will search several third-party databases that are not sophisticated or publicly available.

An experienced attorney who specializes in trademark law can help you perform a Comprehensive search. Also, the attorney will help in interpreting the search results and predict if your trademark will be successful or not.

Trademarks help protect business and product names, slogans, and logos and help consumers tell brands apart. When you register your trademark, you get strong nationwide protection, and the right to file a federal lawsuit against anyone who copies it.

No. However, an applicant’s citizenship has to be outlined in the record. If an applicant has dual citizenship, then they must choose which citizenship will be printed in the Official Gazette and on the certificate of registration. If an applicant is not a citizen of any country, then a statement to that effect is sufficient.

No. Although, if you are a qualified owner of a trademark application that is pending before the USPTO, then you may seek registration in any of the countries that have joined the Madrid Protocol by filing an “international application”.

To have trademark rights in the United States, you need to be the first one to use it in trade and make continuous use of the trademark thereafter. Additionally, you need to use it commercially and in a way that permits users to differentiate between your goods and services and others.

A trademark registration requires regular documentation for the first 10 years to remain valid. An Affidavit of Use (Section 8) must be filed between the fifth and sixth year of the registration. Additionally, it should be filed before the end of the ten years from the date of registration. 

If the registrant forgot to file Section 8 and needs an extension period, then they need to file an Affidavit for that which they need to pay an additional fee.