The Trademarking Process
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Trademark
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There are three kinds of intellectual property: trademark; copyright; and patent. A trademark is defined as a legal protection of a word, name, symbol, color or sound that needs protection and identification from others who would wish to make the same product under the same name. Trademarks can be renewed indefinitely if they are being used for a commercial purpose.
Search
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If the word, name, or symbol qualifies for trademark, you must search to see if anyone else holds a trademark under the same name. If not, you can proceed (see Resources section).
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Application
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You can fill out an application online at the Trademark Electronic Application System (see Resources section) or you can contact the Trademark Assistance Center. Your application must include an identification of goods and/or services, which can be found via the online application. Any application for a trademark without this information will be refused. Upon submission of your application, you will be given a number to track its progress. This process may take several months.
Results
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If your trademark is accepted, you will be sent an acceptance letter and your trademark will be recognized in the Official Gazette of the United States Patent and Trademark Office. If you are not accepted, you will be sent a letter from an attorney overseeing your case explaining the decision. You may refute this decision, but it must be done within six months or the application will be considered abandoned.
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