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How To Get The Flawless Trademark Process


There are some misconceptions among businesses is that once they have started their business and got the license to operate it, their job is done. They are all set to start their business by selling products and earning revenue. But here in the beginning they forget the salient factors to secure the business, one of them is a trademark.

A trademark is any logo, name, symbol, design, or word that companies are created to use as an identity. Those factors distinguish them in the market among the competitors, setting their product apart from the other manufacturer or service providers. The trademark makes their logo or name as the intellectual property of that business that helps target customers to identify the real owner of the product. With the trademark, a person can instantly get to know regarding what the product is, the business is, and more importantly for businesses who made it. Normally, the brand name becomes the trademark of the company.

For the physical products or goods, the trademark is used to protect. While services are protected by the patents easily to secure the original literary or artistic work with the copyright.  Once you register a trademark for your business, no one else can claim or use it as their brand identity. Normally to trademark, businesses are registered with USPTO.

Benefits Of Registering A Trademark For The Business

There are plenty of benefits to the trademark of the business some of them are mentioned:

·         Receive the public notice of business that claims your ownership of the trademark

·         Legal belief for the business identity ownership

·         Get the complete right to use your brand identity across the US and in all other countries where you want to expand your business

·         Have a right to bring legal action from the federal court for the concern of the trademark

·         You can use the federal registration symbol on your product able and packaging

But you need to keep in mind that, registering a trademark does not mean that you get the ownership of that mark forever. You need to follow the rules and regulations to remain it valid as all post-registration maintenance document are submitted on a timely basis.


The Trademark Registration Process

The process of registering a trademark is quite complex. But if you go through this guest post well, you will get to know that it is not that much complicated as it sounds. Let us walk you through each step of the trademark process. The process is defined in proper phases that will easy to understand and those are:

·         Pre-registration

·         Mark section

·         The application form


Once you are done with setting up your business, you now decided to register a trademark. But keep in mind, before doing it you need to consider several questions to address.

Do you need a trademark? As you might know, a trademark is only to protect physical goods and services, as it is only for those companies who manufacture or sell physical goods. Trademark is not for literary work, inventions, composition and other types of original are.

Is your business name is enough or do you need to register a trademark? This is an important concern as if you have a registered business name so is it enough to identify your products and source of services. If not then you can go to register the trademark.

If your answer comes in affirmation for the mentioned questions then you can move to the next phase.

Mark Selection

Have you decided on the mark that you are planning to use to trademark? If not then you should do it before applying for the trademark. Indeed this is the difficult part of the entire process as selecting a mark is not a simple thing to do. It requires lots of thought and consideration. The first thing you need to know that your mark is eligible to get trademark protection.  It must be registered able; there are two common requirements to make a mark eligible:

If the mark is not supposed to use for business purpose means for personal purposes then this is not registerable for the trademark. It should be used to sell the products and services within the state only, across the state line or the US borders in foreign countries.

The market you are creating for your business must be unique and distinctive so that it can be used to identify the goods and services by the source. It must not become the cause to confuse the consumer’s mindset between two brands.

There are four categories of distinctiveness that the mark may fall under:

The Application Form

At this phase you are done with the selection of the mark, what you need to do is to apply for the trademark. Not you should choose the application form basis on the conditions that your product lies in use in commerce meaning already exist in the market or intent to use meaning it is planned to use in the future.

That is how you will select the application form and fill all the sections with the help of an attorney or you can do it by yourself too.  Then you can apply with the required fees on a physical basis or through a trademark online filing system also on their website.

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