Trademarks, patents, copyrights, domain names and trade names are all different, so it is very important to know whether a trademark is suitable for you.
Trademarks usually protect brand names and signs used in goods and services. Patents protect inventions. Copyright protects original artistic or literary works. For example, if you invent a new vacuum cleaner, you will apply for a patent to protect this invention. You will apply for a registered trademark to protect the brand name of the vacuum cleaner. You can register the TV advertising copyright of marketing products.
A domain name is a part of a website that links to the Internet protocol address (IP address) of a specific website. For example, on the website "http://www.xxx.gov", the domain name is "uspto.gov", and you can register your domain name through an approved domain name registration agency. Not registered through USPTO, domain name is different from trademark. Trademarks indicate that goods or services come from a specific source. Only using the domain name as a part of the website does not conform to the use of the source code trademark, but other important uses outside the website may conform to the conditions of trademark use. The domain name registrar does not provide you with any trademark rights. For example, even if a domain name is registered in a domain name registration agency, it may be required to surrender if the trademark rights of others are infringed.
Similarly, the use of enterprise name may be inconsistent with the purpose of trademark, but the use of enterprise name as the source of goods or services may be regarded as enterprise name and trademark. Many state and local judicial institutions regard the registration of enterprise name as part of obtaining enterprise certificate or applying for name. For example, in the state where you will do business, you can submit documents (usually state-owned companies or state branches of companies) to form a business entity, such as a company or a limited liability company.
For more information about whether trademarks are suitable for you, please watch the animated video entitled "Basic Facts: Trademarks, Patents and Copyright", which is part of the basic facts about trademark video series.
Secondly, prepare the application.
Selection mark
Once it is determined that the type to be protected is actually trademark protection, then choosing a trademark is the first step in the whole application for registration. This must be carefully considered, because not every trademark can be registered through USPTO. Not every trademark is protected by law, that is, some trademarks are not necessarily the basis for the right holder to seek legal claims to prevent others from using similar trademarks on related goods or services. Enterprises and individuals unfamiliar with trademarks and application for registration often choose trademarks for their products or services, which may be difficult or even impossible to register and protect for various reasons. Before submitting a trademark/service trademark application, you should consider:
1. Whether the trademark you want to register can be registered, and
2. According to the strength of the selected trademark, how difficult it is to protect the trademark.
Please note that in this respect, the US Patent and Trademark Office only registers trademarks. As the trademark owner, you are fully responsible for enforcing the law.
For more information about choosing a protectable trademark, please watch an animated video called "Basic Facts: Choosing a Trademark", which is part of the video series "Basic Facts of Trademarks".
Markup format
You must determine your label format: standard character label, programming/design label or sound label.
Identification of goods or services
You must clearly determine the exact goods and/or services to which the trademark applies.
search
Always search the USPTO database to determine whether anyone has applied for trademark rights in the wording/design of similar related goods/services through federal registration.
Archiving basis
You must know the "basis" of the application before submitting it.
Trademark agency
As the above contents are very important, you should consider whether to hire a trademark lawyer to help you complete these steps and the whole application process.
Third, prepare and submit the application.
Trademark application
Submit an application online through the electronic trademark application system. View trademark fee information.
Note: the application fee is a processing fee. Not all applications will lead to registration. Even if there is no registration problem, your fee will not be refunded. All information you submit to USPTO at any time during the application and registration process will become public records, including your name, phone number, email address and street address.
Monitor application status
During the whole process, you should monitor the progress of the application through the Trademark Status and Document Retrieval (TSDR) system. It is very important to check the application status within 3-4 months after the first application is submitted, otherwise you may miss the application deadline. Check other information about the check status to ensure that you understand this important step in the whole registration process.
Applicant's address
If necessary, if you have authorized USPTO to communicate with you by email, please update your mailing address (including your email address) and your owner address if necessary. Note that changing the owner address will not affect the change of mailing address, and vice versa.
Fourth, cooperate with the review lawyer appointed by USPTO.
USPTO review application
After USPTO determines that you meet the minimum application requirements, the application serial number will be assigned and the application will be forwarded to the examiner. This may take several months. The examiner will examine the application to determine whether it complies with all applicable rules and regulations, including all necessary fees. Even if the application is rejected for legal reasons, the application fee will not be refunded. A complete review includes looking for conflicting marks and reviewing written applications, drawings and any specimens.
Letter from the United States Patent and Trademark Office (Office Action)
If the examiner decides that the trademark should not be registered, the examiner will send a letter explaining any substantive reasons for the refusal and any technical or procedural defects in the application. If only minor changes are needed, the examiner can contact the applicant by phone or email (if the applicant authorizes communication by email).
The applicant replied to the letter in time.
If the examiner issues an office action, the applicant must reply to the office action within six months after the mailing date of the office action, otherwise the application will be declared abandoned.
Verb (short for verb) Accept, approve/reject your application.
United States Patent and Trademark Office
If the examiner has no objection to the registration, or the applicant has overcome all objections, the examiner will approve the publication of the trademark in the official gazette, which is the weekly newspaper of USPTO. USPTO will send an announcement to the applicant, indicating the date of publication. After the trademark is announced in the official gazette, any party who thinks that it may be damaged by the registered trademark shall, within 30 days from the date of announcement, raise an objection to registration or request an extension of time. Objection is similar to the procedure of the federal court, but it is conducted in the Trademark Trial and Appeal Committee (TTAB) of the Administrative Court of the United States Patent and Trademark Office. If no objection is raised or the objection is unsuccessful, the application will enter the next stage of registration. It may take three to four months from the date when the applicant receives the official notice to apply for the next identity. In the meantime, you should continue to pass the TSDR system.
Registration certificate problem based on the application used.
If the trademark is based on commercial use, foreign registration or extension of the protection of international registration in the United States according to Article 66(a), and no party raises an objection or requests an extension of the objection time, USPTO will register the trademark and send a registration certificate to all. After a trademark is registered, the trademark owner must submit specific maintenance documents to maintain the registration.
Notice on the application for subsidies for signs of intention
If the trademark is issued according to the true intention of the applicant to use the trademark in business, and no party raises an objection or requests an extension of the objection time, the US Patent and Trademark Office will issue a license notice in about eight weeks. The date of publication of the trademark. Within six months from the date of the subsidy notice, the applicant:
1. Use the trademark in business and submit a statement of use; or
2. Request an extension of six months to submit a statement of use (extension request).
The subsidy notice is a written notice issued by the United States Patent and Trademark Office, that is, after being published in the official gazette, a specific trademark has survived the objection period and is therefore allowed; This does not mean that the trademark has been registered. Receiving the subsidy notice is another step in the registration method. Only an application based on the intention of applying for a commercial trademark as stipulated in Article 1(b) of the Trademark Law will issue a subsidy announcement.
The applicant shall submit a statement of use or an application for extension in time.
The applicant shall submit a statement of use or an application for extension within six months from the date of mailing the notice of use. You can submit multiple extension requests, but there are restrictions on the total number of extension requests allowed and the time range that must be submitted. See additional information about using and extending the process.
The applicant fails to submit the use statement or extension application in time.
If the applicant fails to submit a statement of use or an application for extension within six months from the date of issuance of the subsidy notice, the application will be abandoned (no longer pending approval/consideration for approval). To continue the application process, the applicant must submit an application within two months after the date of abandonment to resume the application.
USPTO Annotation Usage Statement
Before the examiner reviews, the use statement must meet the minimum application requirements. If the use statement does meet the minimum application requirements, the examiner will review it to determine whether the registration is allowed. Submitting a statement of use does not guarantee registration. The applicant may not withdraw the declaration of use, and the application fee will not be refunded, even if the application is later rejected for legal reasons. If no rejection or additional requirements are found, the examiner can approve the use statement.
If the rejection or request must still be met, the inspector will send a letter (office action) explaining the rejection/request. If the examiner determines that the legal requirements must be met, this is the same as what happened before the publication of the trademark. The process and timetable remain unchanged, but if the problem is solved and the use statement is approved, USPTO will announce the registration in about two months. If all problems are not solved, the application will be abandoned.
The applicant's reply failed to overcome all objections.
If the applicant's reply does not overcome all objections, the examiner will issue a rejection. In order to overcome the rejection, the applicant can appeal to TTAB at an additional cost.
6. Keep your registration.
Registration certificate problem
About two months after the use statement was approved, USPTO issued the registration. In order for the registration to be "valid", the registrant must submit specific maintenance documents. Failure to submit these necessary documents will result in cancellation and/or expiration of registration. If your registration is cancelled or expired, your choice is to submit a brand-new application and start the whole process from scratch. The fact that your trademark has been registered before does not guarantee that you will register it when you submit a new application.
Monitor registration status
Even if your trademark is registered, you should monitor your registration status through the Trademark Status and Document Retrieval (TSDR) system every year. It is particularly important to check the registration status after you submit any documents required to keep the registration, including between the fifth and sixth years after the registration date and between the ninth and tenth years after the registration date.
registered address
If necessary, you must update the mailing address (and the appropriate email address) and update your owner's address. Note that changing the owner's address will not change the mailing address, and vice versa.
Protect your rights.
If you receive the registration, you have the responsibility to exercise your rights, because USPTO will not "warn" the use of trademarks. Although the United States Patent and Trademark Office strives to ensure that no other party has obtained the federal registration of the same or similar trademarks of related goods/services, the registered owner has the responsibility to take any legal action to prevent all parties from using the infringement. If the obligee suspects that the registered trademark has been infringed or may be infringed in the future, he can record the registered trademark in the US Customs and Border Protection through his electronic filing application.