Frequently Asked Questions - Trademarks
| Q: |
What is a trademark? What is a service mark? |
| A: |
A trademark or service mark is a word, phrase, logo or combination thereof which is used by an individual, business organization or other legal entity to identify uniquely the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. |
| Q: |
Can I file for a federal or state trademark? |
| A: |
You may only file for a federal mark if you have use in interstate commerce, re you are doing business or advertising either across state lines or from the US to another country or vice versa. |
| Q: |
What type of trademark filings are there? |
| A: |
The primary concern for most people is whether they are filing their mark as an intent to use or an use based mark. Intent to use marks are marks which you wish to preserve as your own, but which you have not begun using in interstate commerce. Use based marks are marks which you have already begun using in inter state commerce. There are other types of trademark filings, which include: certification marks, collective trademarks, defensive trademarks and configuration marks. |
| Q: |
When may I use the r in a circle mark? |
| A: |
You may only use the r in a circle mark if you have a federally registered trademark. |
| Q: |
When may I use the TM mark? |
| A: |
You may use the TM mark next to any trademark or service mark which you are claiming in association with goods or services you are currently providing to third parties. |
| Q: |
Do I need to do a trademark search before filing an application? |
| A: |
A trademark search is not required, it is however very advisable. A trademark search is less expensive then the application and it will tell you if you have a chance of having the application approved. In trademark litigation proof of a search which does not show a previously registered mark can lower possible damages if you are found to be infringing on another entities mark. |
| Q: |
What is the difference between a trademark and a service mark? |
| A: |
A trademark protects a mark that is associated with the sale of goods. A service mark protects a mark associated with the offering of services. |
| Q: |
When may I use my trademark or service mark? |
| A: |
As soon as the search comes back positive you may begin using your mark in commerce. You do not want to use the mark before the search as you might be infringing on some one else's rights. |
| Q: |
Why should I file a trademark? |
| A: |
Federal trademark registration has several benefits:
- Constructive notice nationwide of the trademark owner's claim.
- Evidence of ownership of the trademark.
- Jurisdiction of federal courts may be invoked.
- Registration can be used as a basis for obtaining registration in foreign countries.
- Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
|
| Q: |
How long does it take to register a trademark? |
| A: |
It is difficult to predict exactly how long it will take an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately three weeks after filing, which will include the serial number of the application. The total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application. |
| Q: |
How long does a trademark registration last? |
| A: |
Technically, if you follow all of the requirements and continue to use a mark it can last forever. For a trademark registration to remain valid, an Affidavit of Use (Section 8 Affidavit) must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration.
The registrant may file the affidavit within a grace period of six months after the end of the sixth or tenth year, with payment of an additional fee. The registrant must also file a Section 9 renewal application within the year before the expiration date of a registration, or within a grace period of six months after the expiration date, with payment of an additional fee. |
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