Introduction
Trademark is the legal right to use a trademark. It can be a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. A trademark may be used with any type of product or service. A service mark is similar to a trademark but is used in connection with services instead of goods. For example, if you want to protect your brand name in relation to software programs, you could register it as both a trademark and as a service mark.
Can Foreign Applicants use the online application process?
Yes, foreign applicants may use the online application process. However, they must be represented by a U.S. attorney or agent and must have a domestic address to receive mail from the USPTO.
Can I file my application online if I am not a resident of the United States?
Yes, you can file your application online if you are a resident of the United States. You will need to enter your Social Security Number (SSN) or Employer Identification Number (EIN) when prompted during your final submission. Note that there may be additional fees for filing via paper versus electronically.
If you are not a resident of the United States and wish to file an application with USPTO, we recommend working with an agent who can assist in preparing and filing your US trademark application on your behalf.
Who can represent me in filing an application?
You can represent yourself in filing the application. If you want to file an application, you should review the requirements then submit your USPTO application online through our website.
If you are a US citizen, your signature on the form is sufficient evidence of citizenship; however, if there is any doubt regarding your citizenship, then we may require further proof from you before accepting an application from you.
If you have a representative who is not a US citizen or resident see Representation by Representative below for more information about how to appoint one and what type of person may act as an agent for service of process (examples include attorneys and corporations).
What can be trademarked?
Trademark applications can be filed for any of the following:
- words, phrases, logos and slogans;
- names of people, places and things;
- designs, graphics or colors; and
- sounds.
What is a “collective mark” and how is it different from a trademark or a service mark?
A collective mark is a trademark used by members of a group or association to identify their collective membership in the group. A collective mark can be used for services and goods, but is most commonly known for its use on clothing.
In the United States, collective marks are registered with the United States Patent and Trademark Office.
What can be registered as a trademark or as a service mark?
Trademarks can be a word, phrase, logo, slogan or design that identifies the source of goods or services. Trademarks are used to protect against confusion between your products and those produced by others. Trademark rights arise out of actual use in commerce. That is, you must use your trademark on goods or services to maintain it as an active mark. In addition to a word mark (e.g., Coca-Cola), trademarks may consist of phrases (e.g., “Just Do It”), slogans (e.g., “Think Different”) and designs (e.g., the Nike Swoosh). Sounds can also function as trademarks if they distinguish one company’s product from another’s—think about the famous jingle for Dr Pepper: “I’m a Pepper too!”
A service mark is similar to a trademark but identifies services instead of products; examples include hotels and restaurants which use their names as their service marks on signage outside their establishments rather than inside them like restaurants do with food items such as menus listing prices/menu items offered).
Are multiple-class applications permitted?
Yes, you can file for multiple classes. It may be a good idea to file in multiple classes if your brand name is used in connection with more than one product or service.
When deciding which classes you should file your USPTO application in, you’ll want to consider the following:
- The scope of the goods and services that you’ll be offering at the time of registration (and beyond). This will help determine which goods and services are most relevant for filing.
- The likelihood that someone else has already registered a similar mark. If there are many others out there using a similar name or logo as yours, it might make sense to steer clear of those areas when choosing where to file your application—this will help prevent confusion among consumers who might think they’re getting one thing when actually receiving another (e.g., buying a beer instead of a soft drink). If there aren’t many similar marks being used by other companies, however, feel free to go ahead and pursue those areas ourselves!
US Trademark registration and protection can help you build your brand value and goodwill in the market.
Trademark registration and protection can help you build your brand value and goodwill in the market. Trademark registration is a good way to protect your brand.
It can help you gain a competitive advantage in the marketplace because it identifies you as the legal owner of the mark, which means that no one else has permission to use your trademark or logo without your consent.
Trademark registration is required before any business or individual can do anything with their trademark (name, symbol or slogan) on goods or services offered for sale within Australia’s borders.
Conclusion
A trademark application can help you protect your brand and build goodwill in the market. It is important to choose a professional law firm that has an experienced team of attorneys who understand all the complexities involved in this process. We at Trademark Law Firm offer our clients with an excellent service for US trademark registration, renewal and protection
