The minimum time for an application to be processed is 7 months. However, the length of time varies, and it can be as much as several years.
There are various obstacles to registration of a trademark, which include objection by the trademark examiner and opposition by a third-party. An experienced trademark attorney can draft an application so as to avoid trademark examiner objection, and a trademark clearance search, performed by a trademark attorney, will help avoid third-party objection by prior owners. Read more about Trademark Clearance Searches HERE.
An attorney can also advise an applicant as to the legal meaning of questions in the trademark application. If a trademark application contains misstatements, however unintentional, those misstatements can cause invalidation of a trademark registration and loss of some trademark rights. For example, if the owner asserts they used the trademark in commerce, which has a specific and nuanced legal meaning, the trademark registration may issue, but it can be invalidated in the event of a challenge by a third-party.
The Circle-R ® is used to signify that the trademark is registered with the USPTO, and it can only be used with such registered trademarks.
“TM” can be used for registered or unregistered trademarks.
“SM” can be used for registered or unregistered service marks.
The TM and SM are useful to indicate that the trademark or service mark is claimed as such, regardless of whether the mark is registered.
Trademark registration is a deterrent to potential infringing parties, and the use of the trademark symbol puts third-parties on constructive notice of your registration. Trademark registration allows the USPTO to cite the trademark when denying applications for confusingly similar marks, and it also puts the owner in a strong position when issuing cease and desist letters to infringing parties.
The USPTO Trademark filing fees are:
$275 or $225 per International Class
What is an International Class?
International Classes are categories of goods and services. For example, shirts are in International Class 25 and selling coffee at a coffee shop is in International Class 43. If a coffee shop wanted to register a trademark for branded shirts and a coffee house, the application would be in two International Classes, and two fees would be required.
Why $275 or 225?
The filing fee per International Class is $275, unless the goods/services in the application are selected from the USPTO Trademark ID Manual, in which case the fee is $225 per International Class.
A trademark is a word, name, symbol, or design, or combination thereof, representing a company or product. (15 U.S.C. § 1127.)
Please reference our Trademark Law Guide for further information on trademarks.
BLACK IRON STRENGTH
SANUSI UMAR, M.D.
VIDA ENTERPRISE CORPORATION
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