The act for trademark registration in the USA was created in 1881 and a major revision was enacted in 1905. In 1946, Congress passed the Lanham act, defining federal protection and registration for trademarks.
The administrative authority was granted to the United States Patent and Trademark Office (USPTO), the agency in the Department of Commerce. This agency issues patents, and registers trademarks for products and intellectual property identification. State laws complement that of the federal system and continue to provide protection.
Trademark rights can be acquired by a person or business by using it on the label of a product sold to the general public or by filing an application for registration with the USPTO based on its actual use or bona fide intent to use. In the case of the bona fide intent to use, filing an application does not ensure registration.
Documentary evidence as to the use of the trademark in interstate commerce has to be established within a specified time. Infringement of trademarks can be curtailed only if they are registered. However, the bona fide intent to use application establishes priority.
It is not essential to register trademarks. However, there are some advantages of doing it. These advantages include issue of notice to the public about the claim of ownership by the person registering the trademark, a legal nationwide ownership of the trademark, and the exclusive right to use the mark.
The application for trademark registration in the USA can be filed by an individual. However, it is better to seek the help of an experienced attorney specialized in trademark registration. This is because a person inexperienced in trade mark prosecution matters may find it difficult to handle the process. The attorney may charge about $800 to $1,500 for the service. An application can be filed through the electronic medium using the Trademark Electronic Application System (TEAS) or on paper.
A prescribed fee has to be paid along with the application for registration of trade mark depending on how it is to be registered and for how many classes of goods or services it is being claimed. If the application is filed on paper, a fee of $375 per class has to be paid. If the application is filed through TEAS, then the fee payable is $325 per class. In the case of a TEAS Plus application that satisfies certain specific conditions, an amount of $275 per class is levied.
The same fee is payable when new classes are added to an existing application. A minimum amount, usually for one claim, will have to be paid to ensure that filing date is not denied and the application is returned. These charges are liable for change and hence it is important to check with the USPTO before filing the application.
Various options are available for payment of application fee. If the application is filed using TEAS, payment can be made by credit card or electronic funds transfer. It is also possible to transfer amount from the current USPTO deposit account that an individual or a business may have.
Payments can be made by checks or money orders if applications are filed on paper. An application that has been granted a filing date is not eligible for refund of fee. The time taken for processing an application for trademark registration in the USA may vary from a year to several years. It depends on the basis for filing and the legal issues that may come up during the examination of the application.
iAutoblog the premier autoblogger software
沒有留言:
張貼留言