Trademark Attorney USA | Trademark Registration Lawyers – Bissmarks

Trademark Office Action: A Simple Guide for Bissmarks Customers

admin — Wed, 29 May 2024 06:30:51 +0000

At Bissmarks, we understand the importance of protecting your brand. A trademark is a valuable asset, safeguarding your unique name, logo, or slogan and distinguishing you from competitors. But sometimes, after applying for a trademark with the United States Patent and Trademark Office (USPTO), you might receive an “Office Action.” Don’t panic! This blog post will explain what an Office Action is and how to respond to it effectively.

Understanding Trademark Office Actions

Think of a trademark like a special ID card for your brand. It lets everyone know you’re the one and only Bissmarks! When you apply for a trademark, the USPTO reviews it to ensure it meets specific requirements and doesn’t clash with existing trademarks.

An Office Action is a communication from the USPTO indicating a potential issue with your trademark application. This could happen for a few reasons:

Trademark Similarity: There might already be a trademark too similar to yours, potentially confusing customers. For example, if your brand is “Bissmarks Bakery” and there’s a “Bisquick Baking Mix” trademark, the USPTO might raise concerns.
Descriptiveness: The name or logo could be too descriptive of your product and lack the distinctiveness needed for a trademark. Imagine if “Delicious Cookies” was your trademark – it describes the product but isn’t unique enough for trademark protection.
Incorrect Filing: There might be a minor mistake in how you filled out the application form, like forgetting to sign it.

Responding to a Trademark Office Action

Receiving an Office Action doesn’t mean your trademark is rejected. It simply means you need to address the raised concern. Here’s a breakdown of the process:

1. Understand the Issue: Carefully review the Office Action to pinpoint the specific reason behind it. The document will also mention the deadline for responding. Missing this deadline could lead to your application being abandoned.

2. Gather Information: Depending on the issue, you might need to conduct a more thorough search for similar trademarks or modify your application slightly. For instance, if the concern is similarity, you might need to show how your logo and products are different.

3. Craft a Clear Response: Prepare a response that directly addresses the USPTO’s concerns. Keep it concise, professional, and focus on facts.

4. Seeking Help: Consider consulting a trademark attorney, especially for complex situations. They can provide legal advice and guide you through the response process. A trademark attorney can also help with:

Conducting a comprehensive trademark search to identify potential conflicts.
Drafting a persuasive response that strengthens your case for trademark registration.
Negotiating with the USPTO if necessary.

5. Submit Your Response: Meet the deadline and submit your response electronically through the USPTO’s Trademark Electronic Application System (TEAS) or by mail.

Helpful Resources:

USPTO Website: Provides detailed information on responding to Office Actions and other trademark-related topics. (https://www.uspto.gov/)
Trademark Attorney: A trademark attorney can offer valuable legal advice and guide you through the response process, especially for complex situations.

Bissmarks is Here to Support You

While we can’t offer legal advice, we want to assure you that receiving an Office Action is a normal part of the trademark application process in the USA. If you have any questions or concerns, feel free to reach out to us, and we’ll be happy to point you in the right direction for further assistance.

Beyond Responding: Trademark Renewal Services

Remember, a trademark registration is valid for ten years in the US and needs to be renewed to maintain protection. Bissmarks can also connect you with trusted trademark renewal services to ensure your valuable brand identity remains protected for years to come.

By understanding Office Actions and responding effectively, you can safeguard your brand and ensure your Bissmarks products continue to stand out in the marketplace!

The Top 11 Benefits of Registering Your Trademark That Can Take Your Business to the Next Level

admin — Tue, 21 May 2024 09:45:53 +0000

There is no doubt about the fact that your brand is like your baby, and you will take every necessary step to protect it. But what if one day you get to know that another company is using a similar name or logo to yours? For instance, a bakery bakes sourdough bread and sells it in the market. But suddenly you find a new bakery that started selling similar bread with the same name. This will create competition and confusion. Thus, this is disheartening and will affect your customer base. In such a situation, it is always better to get the best trademark registration attorney in the USA to protect your brand identity and branding system with a trademark. To trademark your brand or intellectual property benefits you by helping you avoid the nightmare, whether it is new or old.

What is a Trademark, and Where to Get it Registered?

A trademark is known to be an intellectual property. In other words, a phrase, logo, or design that is registered in the name of a business. It offers an exclusive right to intellectual property along with great legal protection.

Knowing the right meaning of what is trademark registration is all about a business being offered legal rights and protection with regard to that particular name. However, when it comes to registering your trademark, the United States Patent and Trademark Office, or USPTO, is the right place. It examines everything. Plus, they approve the applications.

The format of registering your trademark involves standard characters like names and phrases, special forms like logos and designs, and sound marks such as jingles, boot-up tunes, etc.

The Right Way to Register a Trademark

People get confused when it comes to the question of how to apply for trademark. There is a certain way of doing it, and it is mentioned below:

1. Select a trademark for your brand or business.

Selecting a unique name, phrase, or design for your brand or business is the initial step in how to get a trademark. This way, it can encourage customers to associate with the products better. Also, it becomes easy to defend the trademark. The USPTO demands every business choose a trademark from the following categories:

a) Fanciful trademark

These new words are not in the dictionary.

b) Arbitrary trademark

These are words with no relation to your products.

c) Suggestive trademark

These are words that offer a hint about the services or products you offer.

2. Do proper research about it being already used.

Before applying for a trademark, ensure that the name or design you are selecting is not already a trademark. So, try to go through a ‘clearance search’. This will clear up your doubts about the name or design being unique. Plus, your money and time will be saved. Otherwise, USPTO will consider the ‘likelihood of confusion’ and can reject your trademark. You can opt for it in the Trademark Electronic Search System and look for things like:

Similar names, designs, or phrases.
Similar sounds
Names translating similar meaning
Plural forms or words with an apostrophe

3. Focus on trademark applications.

After working on your search process, it is time to focus on the trademark application. Decide which kind of goods or services you wish to register a trademark for. While the trademark application is underway, get these things ready:

Name and address of the business owner
Drawing of the trademark in JPEG format
Sound file in WAV format
Trademark description

In different scenarios, you have to show the filling basis and the use-in-commerce basis.

4. Filing the trademark application

Now you can file the trademark application by creating a separate account on the USPTO site. Next, fill out the online application form on TEAS with two file options:

a) TEAS Plus

Opt for this option if you have materials or information ready. The goods and services category needs to be in the trademark ID manual. The fee for it is $250 per good or service.

b) TEAS Standard

This option doesn’t need every piece of information or trademark ID manual. The filling fee for this option is $350 per class.

5. Follow up

After submission, the USPTO will assign an attorney and examine the application. If there are no issues, then the application is approved. Or if there are some issues, then you need to respond to trademark office action. To respond within the given deadline.

6. Maintain an already-approved trademark.

Understanding how trademarks work and getting trademark registration are not enough. You need to file a declaration of use every 5–6 years after the approval. Also, file for online trademark renewal every 9–10 years.

Why is it Important to Buy a Trademark?

There is a lot of confusion related to how to purchase a trademark. Here are some steps to clear the confusion and focus on the details:

1. Know the type of trademark needed.

The initial step in buying a trademark is deciding what it conveys to the customers, like quality, types of goods and services, mission, etc. It should reflect the brand’s personality.

2. Search trademark databases.

TESS is the best place to search. Try to search at other sources, such as the USPTO’s supplemental register, Amazon, etc.

3. Know the trademark and create an offer.

To avoid legal disputes, ponder upon any trademark similarities. You can go through and check the chain of ownership at the USPTO site. Also, check if the currently used trademark is in commerce, has been renewed, etc. Ensure to check if it is a common-law trademark. After assessing everything, approach the owner and make a deal to get the trademark.

4. Make an assignment agreement.

After negotiating the trademark price, try to create a sales contract via assignment agreement. It comes with legal rights and goodwill linked to it:

a) Common law rights

It is obtained via long-term use.

b) Goodwill

This is the inherent value that comes from the consumer relationship and its earning power.

5. Register the assignment with USPTO.

People don’t know where to register a trademark. Well, it needs to be registered with USPTO after completing the assignment agreement. You can even register the trademark with ETAs. Registration of a trademark needs to be completed within three months after the purchase.

Why Choose the Right Attorney to Register a Trademark?

To avoid making any mistakes while registering your trademark, it is essential to choose the right attorney. Every attorney knows how trademarks work, but a successful track record is important. Here are some points to consider when selecting the right attorney to register a trademark:

He should have expertise in trademark law.

An attorney should have a successful track record of registered trademarks. It is not just mere paperwork, as it needs proficiency, skill, and other things.

He should have great experience in trademark law. Also, he should be experienced in trademark searches, renewals, cease-and-desist letters, office action responses, etc. An attorney’s extensive knowledge can work in your favor.

An attorney should be honest and work with integrity. Rather than working on the number of trademark applications, he should focus on the quality of trademark registration results.

Communication should be given importance by any trademark attorney. Due to this, personalized attention by the trademark attorney should be expected by every person.

Hiring a trademark attorney means expecting a smooth trademark registration process. All of this can be achieved if the attorney works efficiently and professionally.

Why Choose Bissmarks?

You can protect your intellectual property with Bissmarks. It is the leading spot where top-notch attorneys with years of experience provide the best trademark registration services. Bissmarks makes it easy for you to get the right attorney for trademark registration.

The services offered by Bissmarks are trademark comprehensive search USA, online trademark filing services, statement of use, renewal of trademark services, trademark abandonment USA, etc.

With Bissmarks, you can start the process of trademark registration by selecting a suitable plan:

a) Basic

It is free and involves a search report.

b) Gold

It is for $99 plus the government fee along with a search report, attorney-led filling, etc.

c) Platinum

It is for $199 plus the government fee along with all of the gold services, major office actions, statements of use, and priority processing.

The Top 10 Trademark Attorneys or Lawyers In the USA

admin — Tue, 21 May 2024 05:37:46 +0000

There is no doubt about the fact that your brand is the utmost important part of your entire business. To protect your brand and your business, it is essential to go for trademark registration. It represents the brand, name, symbol, etc. of a company. With it, third parties or competitors cannot use your business’s trademark without permission. However, before doing that, it is essential to go through the process of trademark filing services USA and prosecution. Trademark filling can help the business owner take one step ahead in enjoying additional protections like presumed ownership. Plus, it lessens the burden of proof.

Moreover, trademark prosecution is an essential stage to go through. After a trademark becomes sacred, it becomes an intangible asset of the firm and can help protect the investment in the company. This can help protect the brand and the company as a whole. However, before going through the trademark filing and prosecution process in the USA, you need to learn about it in depth. So, here is a guide to trademark filing and trademark prosecution in the USA.

A Complete Guide to Trademark Filing in the US

Trademark filing is not simple, but the brand protection that comes with it is worth everything. However, to register the trademark with the US Patent and Trademark Office, or USPTO, it is essential to fill out and submit a trademark application. This can be done online via the Trademark Electronic Application System, or TEAS. It is an online trademark filing service. Otherwise, you can also submit a paper application.

Owner of the Mark Along with Contact Information

If a business is known to be a corporation or LLC, then the owner’s name is considered the business name. An individual can own a trademark as well. When it comes to contact information, a mailing address, fax number, or any other mode of contact is required.

What are the Types of Marks?

There are three mark formats from which you can choose:

a) Standard character format

This format allows for the use of trademarks in any kind of style or design.

b) Special character format

This format can be used if the mark has a design element—stylized words, letters, numbers, etc.—that you wish to protect.

c) A sound mark

For this format, there are instances like the three-note chime for NBC, Intel’s sequence to denote the Pentium processor, etc.

Involvement of a Drawing and Specimen

The trademark application also involves a drawing and a specimen of the mark.

a) Drawing

This is a visual depiction of the mark. A drawing of your mark will show how it looks without anything around it or without the mark having anything attached to it. If the trademark is in standard character format, then the drawing will involve typed letters, punctuation, etc. Or if it is in a special character format, then it will be a.jpg file.

b) Specimen

This shows how the mark is used in connection with goods and services. However, if sound is used to brand the products, then there might be a need to include a video clip. Also, if trademark filling is done in a sound format, then submitting the specimen needs to be done in an electronic file. Also, audio files cannot exceed 5MB in size, and video files cannot exceed 30 MB.

Why Identify the Goods or Services Properly with Your Mark?

Identifying the goods and services properly is essential. Otherwise, making any mistakes means not being able to change or make additions to goods or services. Your application should properly identify whether the mark is for goods or services.

What is the Trademark Filing Basis?

There are four choices to select the best trademark-filing basis:

a) Use in commerce

This filling basis can be used if you are already using the mark ‘in commerce’. This means in connection with goods or services offered in different states, one state, or internationally.

b) Intent to use

This filling basis can be used if you are planning to make your mark in commerce within the upcoming years. However, it is essential to use the trademark and offer a specimen before registering.

c) Foreign applications exist for similar goods and services.

This filing basis can be used if you plan to register a foreign application for a similar trademark. It should be within 6 months of filling out the US application.

d) Foreign registration exists for similar goods and services.

This filling basis can be used if foreign registration exists for the mark in a proper treaty country. Otherwise, it is essential to offer important information in the US application along with the print of the foreign registration certification.

What is the Fee for a Trademark Application?

The filing fee for trademark applications is estimated to be around $250–$750 for each good or service. The fee is non-refundable in case the application gets rejected.

What Happens After Trademark Filing?

The application gets to the trademark attorney USA to be examined properly. He will begin reviewing it within three months. If there are any issues with the application, then you will receive a trademark office action, which you should respond to immediately.

After this, your mark will get published in the weekly USPTO publication that lists published, renewed, and canceled registrations. If any other trademark owner opposes your application, then this can slow down your registration process; otherwise, your mark will be registered.

Depending on the circumstances, it can take a few months to years for a registrant to get a trademark office action response and final approval and registration.

Why is Trademark Prosecution in the US Important?

Trademark prosecution is known to be a technical term that defines applying for a trademark with the USPTO. A trademark is a company’s symbolic representation. It can be a picture, text, smell, etc. However, it should be unique, and you should not confuse it with any other company’s trademarks. For trademark prosecution in the US, a certain application process needs to be followed.

Trademark prosecution is basically a series of transactions between a trademark lawyer and authorities of the trademark office to finish the prescribed work. It can either be done before or after registering a trademark at domestic as well as international level. However, it is an important process which cannot be avoided. The process is to convince the authority to carry out the further process requested by the applicant or a trademark owner to make the trademark registrable in the country.

Why Choose Bissmarks for Trademark Filing and Prosecution in the US?

Bissmarks is the right place to enjoy registration, trademark filing, prosecution, and watch services in the US since 2011. It can help you set yourself and your brand apart from others by offering top-notch protection. Bissmarks offers the best trademark filing services in the USA. Other services offered by Bissmarks are comprehensive trademark search, US trademark renewal, statement of use, revive abandoned trademark services, etc.

They have two pricing plans for trademark filing in the USA:

Gold: This plan is for $99 along with government-fee. Also, it involves a search report, a second free search, attorney-led filling, any number of classes, unlimited class addition, minor and major office action, guidance in the Amazon brand registry, etc.
Platinum: This plan is for $199 along with the government-fee. It also involves all the benefits of the gold plan, along with major office actions, statements of use, priority processing, business WhatsApp of a dedicated account manager.

So all you need to do is to pick your favorite plan, file a form and review a draft, and submit your application. The best part is that our team is going to help you in every process. With Bissmarks, you can easily protect your intellectual property by getting the right services. They are best known for their comprehensive services, top-notch experience and expertise, on-time services, personalized approach, complete client satisfaction, etc. Plus, all of this is maintained by maintaining complete transparency and clear communication. So, with us, you don’t have to fret about anything. Our team of expert trademark lawyers is 100% committed to do trademark registration and prosecution effortlessly and successfully. So, Bissmarks is here to solve all your trademark related issues in order to protect your intellectual property in this competitive world.

Top 5 Reasons Why You Need A Lawyer To File A Trademark

admin — Fri, 19 Apr 2024 09:45:41 +0000

Trademark registration is a crucial step for companies and entrepreneurs seeking to protect their identities in the competitive market. This is an essential step for any type of business. No matter how large or small your business is, registering your brand will give you the security of power for as long as you wish, without the risk of negative surprises.

If you want to ensure the exclusivity of your name, logo, or slogan, as well as build a unique and recognizable identity in the market, keep reading to discover how attorney-based trademark filing in the USA can be a fundamental strategy for the success and protection of your company.

What is a trademark registration?

A trademark registration is nothing more than an official recognition that a set of symbolic elements, such as names, figures, and shapes, refer to and belong to a specific business. The most traditional example used in Law is that of soft drinks: imagine how many different brands of soft drinks would be called “Coca-Cola” if there were no legal protection that guaranteed that only the original company could use this name!

What are the advantages of having a trademark registration?

If you have read the article so far, you will have realized that there are many advantages to trademark registration. Even so, it is worth highlighting some of them:

Protection against unfair competition

As mentioned in the example of soft drinks, registering your brand ensures that competitors do not take advantage of your brand recognition to create unfair competition strategies. This is done by using your prestige to boost their results and suppress your sales.

Protection against future fraud

Another typical advantage of trademark registration is that attempts at fraud or “circumventing” protection are also prohibited. Different but very close names, the use of symbols that seek to be confused with yours, and other strategies that border on copying are considered illegal from the moment the brand is registered.

Developing a brand value

It is common for companies to grow, consolidate their name, and develop options for selling, franchising, or negotiating licenses to use their brand on other products. These types of negotiations are only possible with the advent of trademark registration. Owning a brand means being able to negotiate it yourself.

Right to prevent unauthorized use

Trademark registration can also be used for controlling losses caused by misuse. No one can copy your brand, and misuse it. Having brand ownership is the first step towards suppressing incorrect use.

5 reasons to Call a Lawyer for a Trademark Registration

Calling on a lawyer for a trademark registration allows you to optimally protect the distinctive sign of the company, and to be able to act against the third party who uses the registered trademark. The lawyer assists and advises you so that your property rights are protected and valued. Along with these, there are 5 reasons why you should consider a trademark attorney to protect your brands.

1. Ensure the correct filing and registration of a trademark

Filing and registering a trademark is an important step in protecting a company and its products. A trademark lawyer can guide you and help ensure that the process of filing and registering your trademark goes smoothly. Attorneys are knowledgeable about the requirements and procedures that must be followed and can help you complete filing and registration forms correctly and appropriately. Additionally, they can perform searches to help you determine if your trademark is available and can be registered. They can also help you determine whether your trademark should be filed and registered in another country.

2. Guarantee the legal security of rights acquired over a brand

Using a trademark lawyer is an excellent way to ensure the legal security of your acquired rights to a trademark. A trademark lawyer can help you secure your trademark by filing an application for registration with the National Industrial Property Office and controlling the documents necessary to protect your trademark. By filing for registration, you ensure that your trademark is officially registered and that you have the exclusive right to use it. A trademark lawyer can also help you protect your brand from infringement and resolve disputes that may arise.

3. Support the owner of a brand in defining the protection strategy

To support the owner of a trademark in determining its protection strategy, it is essential to consider the specificities of its activity and how acquired rights can be implemented to guarantee legal certainty and long-term success. Brand protection is a process that requires constant planning and attention. When defining a protection strategy, the owner must consider various areas, including trademark law, intellectual property law, international trademark law, contract law, and corporate law. This makes it possible to develop a strategy that clearly defines acquired rights and their scope and provides lasting protection.

4. Prevent and manage conflicts between brand owners

When a trademark owner faces legal proceedings, it is important to take preventative measures to avoid conflicts and appropriately manage disputes. Trademark owners must ensure they have the necessary documentation and evidence to support their claims. It is important to study the track record of brands and similar products in the marketplace and monitor third-party use of the brand. It is also helpful to gather information about products and services that may create conflicts and develop strategies to manage them. Having a conflict management plan in place allows brand owners to ensure they are prepared to respond quickly in the event of a dispute.

5. Defend the owner of a trademark in the event of counterfeiting

When it comes to defending a trademark owner in the event of counterfeiting, rapid and effective action is essential. It is important to have adequate legal advice to identify infringing products or services and determine the means to put in place to stop them. Intellectual property lawyers are well-placed to help trademark owners take the necessary steps to protect their rights and defend their interests. Such a procedure also makes it possible to recover economic benefits that the trademark owner may have lost due to the counterfeiting. Finally, it is possible to resort to extrajudicial measures.

How to hire the right trademark lawyer?

There are several criteria to take into account when looking for a trademark lawyer who can Revive Abandoned Trademark services. Here are some things to consider:

⦁ Experience: Make sure the attorney has significant experience in trademark law, particularly in the region where you require their services.

⦁ Specialization: It is preferable to choose a lawyer specializing in the field of trademark law to ensure a better understanding of your needs and a better defense of your interests.

⦁ Reputation: Research whether the attorney has a good reputation among clients and peers. It’s also helpful to check online reviews and comments to get an idea of the experience of previous customers.

⦁ Communication: Your attorney should be easy to contact, willing to keep you informed about your case’s progress, and easy to communicate with.

⦁ Costs: Request a cost estimate for the services you need, and compare with other lawyers to ensure costs are reasonable.

Protect your brand by obtaining a registered trademark. This gives you the right to use a unique word, symbol, or design that makes your product stand out and make your business more trustworthy. Trademarks last a long time and protect your brand from copying. If someone tries to copy your trademark, you can take legal action to protect your business.

Why register a brand with professional help?

As mentioned, the trademark registration process is not expensive, but it is complex. Simple errors can lead to serious issues in the procedure, making it difficult to obtain registration. To avoid wasting time due to mistakes during the process, it is always advisable to have the assistance of a specialized law firm.

Top 10 Mistakes To Avoid When Filing Your Trademark Application

admin — Fri, 19 Apr 2024 09:45:09 +0000

Are you thinking about registering a trademark yourself? Initially, this seems like a great solution for cost containment. However, not having an expert on the subject can cause major losses. It is a relatively complex process, and it is common to encounter several errors, especially due to a lack of knowledge of technical details in the trademark registration process.

Below, we list 10 mistakes when registering trademarks that are common and that you should avoid at all costs!

1. Not following deadlines and the process

Obtaining registration takes an average of 6 months in various countries if there are no demands or opposition from third parties. Therefore, it is necessary to follow the process and understand the orders published by the trademark agency, as well as the measures to be taken within the deadlines set by law. If you miss this deadline, it means you have to start from scratch. Many companies that complete the application on their own have already lost their records requests and are unaware.

2. Making the wrong class when applying for registration

Not registering the mark in the correct class is another of the most common mistakes made by those who are not experts on the subject. The trademark office allows similar and even identical brands, as long as they are used in completely different activities. So, if you don’t register in the right class, you may not be as protected as you think.

3. Registering prohibited words and symbols

Another error that usually generates a lot of wasted time. There are restrictions on what can and cannot be registered, which means getting it wrong at this point is almost a guarantee that your application will be denied.

4. Confusing brand and brand nature

Do you happen to know any large companies that provide both services and products to their consumers? Although both the provision of services and products are linked to the same brand, the sectors of activity are different. Because they do not know how to distinguish the nature of the sectors of their brands, many entrepreneurs make mistakes when registering. It is important to know whether the mark is a service mark, a product mark, a certification mark, or even a collective mark.

5. Having the same name as others

To differentiate yourself, you not only have to create creative names that you like and that sound good to you, but they also don’t have anyone before. So, if your name is too generic, forget it. Think of a name that is different from other similar ones, especially if these names are already registered as a trademark.

6. Not regularly monitoring the progress of the application

When applying for a certain trademark, a period of two months is first given so that third parties can oppose its registration. When there are no refutations, the trademark agency continues the process, moving on to the phase in which there are detailed analyses regarding compliance with all requirements and the real availability of the brand. This process can last two to three years. During this entire period, it is important to regularly monitor the progress of the application.

7. Getting confused with the documentation needed to register the brand correctly

If the specifics of registration are already complicated, imagine the number of documents that need to be presented to continue each registration process. As you saw above, there is a need to make several trademark registrations depending on the nature of the registered item and its sector.

8. Registering the brand in the wrong category

The same trademark could also be registered by two people if they are classified differently. If you apply for trademark registration without assistance, they often register their company’s identity in a category that doesn’t relate to their services or products. By doing this, the brand remains unprotected. So, this is another point to worry about when making records properly.

9. Mistake in brand color claim

Another thing you should notice is that none of the logos have color. Therefore, do not submit any type of colored visual element for analysis, as this is one of the worst mistakes in trademark registration. This is because colors cannot be linked to trademark registration.

10. Taking too long to register correctly

When it comes to trademark registration, timing is a very important point. By taking too long to seek help, you could end up losing a lot of money.

How not to make these mistakes?

In most cases, making these mistakes leads to a huge loss of time and money. Missing the deadline means you have to start again, from scratch, even repeating the expenses incurred in the process.

As you can see, it is a process full of details and those who are not experts miss many of them. At worst, registering in the wrong class means not having all the protection, which is exactly the point of registering.

Therefore, it is crucial to have experts on the subject. Not only do you avoid making these mistakes, but the process tends to be speeded up in a few months. So, you guarantee full protection for your company and also resolve the problem efficiently.

Do you understand why registering a trademark on your own can be dangerous? If you have any questions, visit our website to know more details about this subject.

What Is A Trademark? Everything You Need To Know

admin — Fri, 19 Apr 2024 09:44:40 +0000

Anyone who is an entrepreneur or intends to be an entrepreneur must have already heard of the term “registered trademark”. Brands are among the most important assets a company has. So everything related to these assets should be known to those seeking to stand out.

A trademark is a word, symbol, or design that identifies the origin of goods or services. It gives unique recognition, lasts indefinitely, and requires registration. Trademarks have categories and benefits, including legal protection against copying. Also, If a trademark is used in commerce, it can be renewed for ten years. It is necessary to file a US trademark renewal application within one year before the registration expires, or within a six-month grace period after the registration expires.

What is a registered trademark?

A trademark is a word, a symbol, a design, or a combination of these, or even a sound that identifies the source or sponsor of certain goods or services. With a trademark, you will identify your product or service and distinguish it from its competitors.

A trademark gives your product or service unique recognition. A brand can last indefinitely as long as it continues to perform its intended function. The trademark was initially registered for 10 years in the USA.

In the fifth through sixth years, the registrant must submit an affidavit to the registrar indicating that the mark is currently in commercial use. If a declaration is not presented, the registration will be canceled.

Trademark Categories

There are four categories of trademarks:

⦁ Minted Brands: A coined brand does not imply a relationship between the brand and the product or service, and it may be expanded to a wide array of products.

⦁ Arbitrary Mark: An arbitrary brand has another meaning in our language and is applied to a product or service.

⦁ Suggestive brand: A suggestive mark suggests certain features, qualities, ingredients, or characteristics of a product or service.

⦁ Descriptive Mark: A descriptive mark must have become distinctive over time and gained consumer recognition before it can be registered.

Trademark Registration process

The trademark registration application must meet four requirements: completion of the written form, drawing of the trademark, five copies that prove the actual use of the trademark, and fee. Each registered trademark must be applied for separately. Upon receiving this information, the registry assigns a serial number to the application and sends a deposit receipt to the applicant. The registry office will determine the appropriateness of the trademark within three months.

Any objection against this determination of the entrepreneur must be raised within six months, or the application will be considered abandoned. If the trademark is refused, the entrepreneur still has the right to appeal to the authority.

Once accepted, the mark is published in the Official Trademark Gazette to allow any party 30 days of objecting or requesting an extension to object. If there is no opposition, the registration is issued.

Importance of trademark registration for business

The brand represents the identity of your company in the market and to customers. It is through this that a business operates its communication and is remembered by consumers. Building a brand is not easy. It takes a lot of time and investment, which is why its registration must be the entrepreneur’s priority, before any possible use of the brand.

Trademark registration is granted to the person who first applies with the INPI. So, to avoid headaches, legalize your brand as soon as possible. Registering a brand is a unique way to protect your business. Registration is like a deed: you are the owner and no one can use it but you.

Benefits of trademark registration with the help of Lawyer

Trademark registration with the help of a Trademark attorney in the USA will provide several benefits to the entrepreneur. They are:

⦁ It notifies everyone that you have exclusive rights to use the brand in all territorial limits of Bangladesh.

⦁ It gives you the right to sue for trademark infringement, which can result in the recovery of profits, damages, and costs.

⦁ Establishes indisputable rights regarding the commercial use of the brand.

⦁ Establishes the right to deposit registration with customs to prevent the importation of goods with a similar mark.

⦁ Gives you the right to use the registration notice.

⦁ It provides a basis for filing an overseas trademark application.

When you produce creative work, such as writing a book or producing an illustration, the right to the work is yours. As an author, you have the copyright © on that work and if someone wants to publish it, they need to get in touch or pay for the reproduction rights for the work.

Now, if you have a brand, have filed an application for registration with the INPI, and have the brand registration certificate in hand, you can use the ® symbol next to your logo. It is generally inserted on the upper right side of the brand symbol or name.
It is important to highlight: that only brands that have a registration certificate issued by INPI have the right to use the registered trademark symbol.

Have you ever seen the ® symbol in company names and logos?

The ® is nothing more than the representation that that brand is registered. The registered trademark in the US is represented by a capital letter R inside a circle and guarantees that the brand has had its registration duly certified by the National Institute of Industrial Property (INPI) and is protected by the Industrial Property Law.

If you want to add the ® symbol to your brand, talk to the expert and learn about the steps of brand registration and how we can speed up the process and increase the chances of your process being approved!