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The process of legally establishing that a term, logo, or slogan identifies your firm is known as US trademark registration . It gives you various advantages, such as the power to sue people who use your trademark without authorization and prevent them from doing so in the future. Trademark registration is also required if you want to sell your goods or service in other countries—and it also protects you from copycats at home!
Doing it yourself is the least expensive approach to register a trademark. If you want to save money and have the time, this may be the way to go.
Individuals and corporations can file trademarks online with the USPTO at https://www.uspto.gov/trademarks-application-process/. Individuals pay $275 per class of products or services for up to three classes, and an extra $225 for each additional class (up to forty-six total). Companies pay $325 per class of products or services, with no further fees after the first nine classes (up to forty-six total).
For each class of goods and services, the USPTO levies a cost ranging from $275 to $325.
The cost of the application is determined by the number of classes you register for. The first session costs $275, and each subsequent class costs $100. For example, if your trademark was to be used on apparel, jewellery, toys and games, and sewing machines (4 classes), it would cost $975 to register with them ($275+$200+$200+$275) because there are four separate categories stated in their choices menu. If you only want one category registered with no subcategories, such as “Clothing” under “Apparel,” it will only cost you $325 ($275 + $100) because only one category is being registered, rather than four, as I mentioned above when describing what two people might do when registering their trademarks together through an online service provider. In addition to the cost of registering your trademark, you may be charged a fee for each class of products or services you register. The first class is $275 and each subsequent class is $100, according to the USPTO. For example, if your trademark was to be used on apparel, jewellery, toys and games, and sewing machines (4 classes), it would cost $975 to register with them ($275+$200+$200+$275) because there are four separate categories stated in their choices menu. If you simply wish to register one category with no subcategories, such as “Clothing” under “Apparel,” it will only cost you $325 ($275 + $100).
The USPTO will not refund your money once you have submitted your application.
While the USPTO does not charge any costs for cancelling or withdrawing a US trademark application, you cannot get your money back once your application has been submitted. If you make a mistake in your file, you can remove it, but they will not refund any money as long as it is still pending. The only option to obtain a refund is to file an amendment cancelling the initial submission and resubmitting it with no modifications to the class of goods or services.
However, if you have made modifications to your application while it is being reviewed by the USPTO, most payments will be refunded. If you have not yet paid any fees or received a notice of publication from the USPTO, you should contact them and request a refund.
The registration of a trademark is not necessary by law.
A trademark allows you to protect your brand name, logo, and phrases. A trademark can be used to suit anybody who violates it.
The USPTO registers trademarks (United States Patent and Trademark Office).
Unregistered trademarks are protected to some extent under common law, but not to the same extent as registered trademarks. Common law protection is not guaranteed, and it is dependent on the strength of the mark, how skillfully it is utilised, and if you can demonstrate that another party has wilfully violated your rights.
While it may be more expensive to hire an attorney or other expert to file your trademark application, you are not compelled to do so. This implies that filing your own trademark application can save you money and time.
If you want, you can avoid hiring an attorney or other expert. However, because patent and trademark regulations are intricate, using the services of an attorney or other specialist would most likely make the process smoother for you and eliminate any possible problems in your application.
If you opt to engage an attorney or another expert, be sure they have prior experience submitting trademark applications. You should search for someone with at least five years of experience and a focus on intellectual property law.
Not all marks are eligible for registration.
The USPTO will reject marks that are too similar to existing registered marks.
The USPTO will also reject marks that are confusingly similar to other registered marks, which is why you should check the TESS before filing your application.
Marks that are excessively similar to existing trademarks or trade names will also be rejected by the USPTO. Furthermore, the USPTO will reject marks that are confusingly similar to existing registered trademarks or trade names, which is why we recommend conducting a TESS check prior to completing your application.
Trademark registration in the United States protects your brand name, logo, and phrases from infringement. It establishes your ownership of the mark and permits you to sue if it is infringed upon.
Trademark registration is not inexpensive, but it is well worth it. It grants you exclusive rights to use the mark in commercial transactions and bans anyone from using it without your authorization.
It is feasible to file for a trademark without the assistance of an attorney. This, however, can be costly and time-consuming. Using a professional to manage your application is the best approach to prevent these dangers. The costs of hiring legal counsel are less expensive than those of self-registration.
