Trademarks are an important part of identifying a brand name or logo for a product or service that is used for business purposes. According to the United States Patent and Trademark Office (USPTO), a product or a service doesn't need to be registered in order to receive a trademark logo or name.
This means that when a business, company, manufacturer or individual creates a name they will automatically receive trademarked protection on their service or product. Even though this is the case it is best to register a trademark name with the USPTO to get the best benefit and protection from the law.
Understanding trademark law is important with getting the most out of using a trademarked name or logo. The first thing that a person must do after they create an identifying name or logo is to register it with the USPTO. They must make sure that they fill out application properly and to send in any required filing fees.
Applicants should make sure that they are filling out the statement of intent of the trademark name or logo since this identifies when the name or logo will be used for businesses. They are also required to send in a picture of the logo as well as a specimen.
A specimen is an actual product with the logo attached somewhere on the item. Service trademarks use advertisements or business related materials such as posters, fliers and business cards to identify a trademark name or logo. Websites that has a businesses identifying logo can also be used for service specimens.
Any organization or person filing a trademark name or logo should check the USTPO public records to identify if a trademark name or logo is already in use. Attorneys who examine trademark applications won't allow any to be registered when they are almost the same as any other type of trademark.
Registration could also be denied if a person uses a name or logo for the same type of products or services as another trademark name on file.
Once a trademarked it's published in the Official Gazette and a certificate is sent to the trademark owners. Once the registration process is completed trademark owners must file paperwork periodically in order to keep their logo or name current. The first filing will occur six years after the initial registration date and they will be required to file every ten years after this period.
Trademark information is made public and having a trademark also allows the use of a name or logo to be used in interstate commerce. Trademarks registered within the United States are not valid outside of the U.S. When a suspected or outright infringement of a trademark is brought to the attention of an owner they can file a claim on this matter but they will require a licensed practicing attorney to do so.
Trademark law also allows people to transfer ownership of their registered name or logo to another party. Trademarks that are registered to people who become deceased will need to be reviewed before the USPTO in order to determine who is going to be the owner of trademark.
Understanding trademark law can be complex and it is strongly recommended that people hire an experienced attorney to fill out the application and to explain the many facets of the legal system involving trademarks.
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