Protecting your brand's identity through trademarking is a crucial step. It'll prohibit competitors from stealing your clients by mimicking your brand.
Overview:
When you think of your favourite brands, you’re likely to think of their logos or slogans first. Companies have a trademark they utilise consistently throughout their marketing, which is why you immediately think of these identifiers. Businesses can use trademark registration as a powerful marketing tool while ensuring legal protection for their products and services. What follows is an overview of trademarks and an explanation of how their use might benefit your company.
You’ve probably invested a lot of time and work in developing your brand with your business. That’s why knowing how to safeguard your investment is so critical. Legal protections that come with registering your trademark in the United States will enable you to keep complete control over your brand.
What exactly is a Trademark?
An official definition of a service or trademark by the United States Trademark and Patent Office states that a trademark comprises “any word(s) used or intends to use to distinguish and identify the services/ goods of one provider or seller from those of other, and to designate the sources of the goods/services.”
You can check trademark availability with Vakilsearch’s free trademark search tool before registering a trademark.
A trademark is often the business name or corporate logo; having a unique emblem or memorable name is crucial so your clients can readily distinguish your firm from your competitors.
What is the significance of Trademark Registration?
Trademark registration is critical to provide your company or brand with a unique name or logo. As a result, no one else can use your company name or logo without your permission. It safeguards your business and its assets.
The most important benefit of registering a trademark in the United States is that it protects against infringement. In addition to its value, a brand registered with the federal government can be used anywhere in the country. A domain name can help your business stand out from the crowd and serve as a springboard for worldwide expansion.
US Patent & Trademark Office (USPTO)
There are different rules and regulations in each country regarding trademarks. If you’re looking for a trademark in the US, you must meet specific requirements. The USPTO administers laws about brands, the country’s national trademark authority, and the United States Patent and Trademark Office.
US Trademark Registration Benefits
Some of the advantages of registering a trademark in the United States include:
- Possession of the necessary legal rights to use the brand in the United States
- Once the trademark has been registered with the USPTO, it is granted the most significant possible level of protection.
- In addition, the rights to use the trademark are provided exclusively.
- Those who attempt to steal other people’s trademarks could suffer legal repercussions.
- Trademark registration in another country is far more straightforward than in your home country.
Essential considerations for US Trademark Registration
Here are some points to consider:
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Trademark Search Engine
Before you begin using or registering your company’s trademark with the US Patent and Trademark Office, you’ll want to do a complete trademark search to uncover any legal obstacles that may prevent you from doing so. As a result of conducting a thorough investigation, you’ll know which classification and specimens you should offer as proof.
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Pre-registration is required to use a Trademark
Using a future application, you can still register for your federal trademark even if you haven’t started selling your products yet. The future-use application serves the primary purpose of reserving your place in the queue until you are ready to start using it. Your filing date will also act as the date of your first use of your trademark. This information will be critical if a dispute arises with another mark. The USPTO will require evidence that you have started selling your products and services to customers.
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Trademarking different components
Don’t forget to submit separate trademark applications for your brand name, your company’s name and logo, and your company’s tagline. A restricted budget will need to decide which business asset should be trademarked.
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Observing classification
Your trademark may be used in any one of 45 categories. Classifications 001-034 are used to classify commodities. Categories 035-045 are used to describe the provision of services. Your trademark can be registered in a variety of classes. These classifications can distinguish the brands. For example, trademark owners may report the same for various products in several courses.
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Incorporating a specimen
You must submit a sample of your trademarked goods as evidence of use. When offering your selections, you must adhere to specified instructions. You must ensure that your specimen accurately represents the products and services described in your submission. The specimen must demonstrate the mark on goods, packaging, labels, tags, or a display related to the interests. You must also include the specimen’s online address and the created date.
Documents for US Trademark Registration
It is necessary to submit the following documentation when registering a trademark in the US.
- The applicant’s name, signature, address, as well as the sort of entity they are attempting to register
- A trademark’s use of a particular product or service
- The legal basis for bringing a lawsuit
- The logo must be submitted as a drawing or a digital image to register a trademark.
- Description and specifications of the trademark
- Fees
If your company is based in India and you wish to register a trademark in the US, you must first do so in India. You’ll apply for US trademark protection based on your existing Indian trademark registration.
A Trademark’s Legality
Trademarks can be renewed for an additional ten years after they are registered. Your trademark registration can be renewed for another ten years before it expires, extending your level of security.
Conclusion
Even if you hire a trademark attorney to do the research and filing for you, it will take at least a year to register a new term as a trademark. In the early stages of your company’s existence, you should think about purchasing an existing trademark registration.
However, trademark registration in the United States is complicated and time-consuming. Consequently, we recommend you look into trademark registration services in the United States. The vast majority of the tasks, including trademark research, filing and documentation, and filing, as well as directing you through the procedure, will be taken care of by professionals from Legal Vakilsearch.
