What Is a Registered Trademark?
A trademark includes any word, name, symbol or design used to identify and distinguish the goods of one manufacturer from others. A service mark is a trademark for services. Trademarks are not the same as patents, which are limited-duration property rights relating to inventions, or copyrights that protect works of authorship. The U.S. Patent and Trademark Office (USPTO) is the federal agency responsible for granting U.S. patents and registering trademarks.
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Facts
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Individuals may file trademark applications without legal assistance, although a licensed attorney might make navigating the rules and statutes simpler. The registration is valid as long as the required maintenance documents are filed on time. All data submitted to the USPTO as part of the application process, including phone number, email and street address, but excluding credit card and banking information, are public and viewable online. Federal registrations are not valid outside the United States; however, trademark holders and applicants can file through the USPTO under the Madrid Protocol, which is an international system for trademark registration.
Benefits
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Although trademark registration is not required, it does offer several benefits, including public notice of the claim of ownership, legal presumption of ownership and exclusive right to use the mark, the right to initiate legal proceedings in federal courts to resolve disputes, recording the U.S. registration with U.S. Customs and Border Protection to prevent imports of infringing foreign goods and a listing in the USPTO's online databases.
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Process
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The first step in registering a trademark is to determine eligibility. Applications are usually based on current or intended use of marks. For goods, the mark must appear on the product itself, or on the packaging or on associated displays. For services, the mark must be used or displayed in their sale and marketing. The second step is a trademark search to exclude the possibility that a registration already exists for the applicant's mark or a similar mark and used on related products or services. The search may be conducted using USPTO's free online TESS (Trademark Electronic Search System) database. The third and final step is to file the trademark application online, along with the applicable fees, using USPTO's online TEAS (Trademark Electronic Application System) service. Processing times may range from one to several years, depending on the nature of the filing and legal issues that may arise during examination of the application.
Symbols
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The symbols "TM" (trademark) or "SM" (service mark) may be used to indicate claim of ownership of a mark, whether or not an application has been filed with the USPTO. However, the federal registration symbol, which is denoted by the letter "R" inside a circle, may be used only after the USPTO actually registers a mark but not during a pending application.
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References
Resources
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