Todd N. Hathaway |IP, Patent, Trademark and Copyright Law

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“Everything must be made as simple as possible. But not simpler.”
― Albert Einstein

“I never did anything by accident, nor did any of my inventions come by accident; they came by work.”
― Thomas Edison

Trademarks

WHAT PROTECTION DOES TRADEMARK REGISTRATION PROVIDE?

Trademark registration is the best way to protect your mark in any of the countries where you do business. Once your trademark or service mark is registered, it hinders other entities using similar distinctive signs to market inferior or different products or services. A trademark provides the owner of the mark the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment.

WHAT IS THE PROCESS TO REGISTER A TRADEMARK?

We will provide the guidance through the following process:

  1. We will evaluate your potential trademark for goods and/or services to insure its availability.
  2. You need to show use of your brand in interstate commerce.
  3. Our office will file an application for registration.
  4. After a period of examination, the USPTO will send a certificate of registration. You may now use the ® with your brand name. The ® symbol shows that you have registered your trademark with the United States Patent and Trademark Office (USPTO), and that you have exclusive rights to use it in the United States.

HOW LONG IS MY TRADEMARK VALID?

As long as you continue to file all post­registration documents and pay the required fees, you can keep your trademark indefinitely. We will remind you of filing dates and handle all paperwork for you. You must file a “Declaration of Use under Section 8” between the fifth and sixth year following registration. In addition, you must file a combined “Declaration of Use and Application for Renewal under Sections 8 and 9” between the ninth and tenth year after registration, and every 10 years after that.

WHAT IS THE PROCEDURE TO REGISTER A TRADEMARK IN A FOREIGN COUNTRY?

Trademark registration in US will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought.

Trademark owner may seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an “international application”with the International Bureau of the World Property Intellectual Organization (WIPO). As of April 2014, U.S. applicants can concurrently seek protection in up to 92 countries.

The cost to file a trademark application outside of the US will be a function of the number of trademark classes included in the trademark application. It will also be a function of the general level of trademark fees in the country of interest.