Get to Know Trademark Filing USA

1. National Ownership Presumption: Registering a trademark grants the registrant presumed ownership of the brand on a national level and the presumed right to use the brand nationwide.
2. Preventive Measure: Registration can help prevent others from registering a confusingly similar mark later.
3 .Legal Advantage: It aids in bringing a case in federal court if someone infringes on the brand.
4. Use of ® Symbol: Once registered, you can start using the ® symbol after your name, logo, or slogan.

After a mark is properly registered and used for five years, Trade Mark Filing USA can help file a “Declaration of Incontestability.” This provides significant protection under U.S. trademark law, preventing others from contesting a trademark on grounds such as:
1. The mark is not inherently distinctive.
2. It is confusingly similar to another mark that was used first.
3. The mark is merely functional rather than identifying the source of the goods or services.

Under U.S. law, a “common law trademark” is established when someone uses a company name, logo, or slogan in commerce, even without registration. But why bother registering a trademark when a common law trademark may already exist?

Benefits of Registering a Trademark:

1. Nationwide Protection: Common law rights are typically limited to the geographic area where the mark is used, unlike the nationwide protection obtained with USPTO registration.
2. Expansion of Brand: Registering a trademark removes geographical limitations, facilitating brand expansion.
3. Legal Advantages: In court, registered trademark holders have a stronger position regarding the validity and usage date of the mark.
4. Favorable Remedies: Registered trademark owners enjoy more favorable remedies in litigation scenarios.
5. Database Maintenance: Once accepted by the USPTO, the trademark is maintained in their database, dissuading others from using the mark in the future.
6. Dispute Avoidance: By registering a trademark, future companies are notified that the mark is spoken for, reducing potential disputes.

Registering both a name and an associated logo offers advantages, but it's important to note that each filing incurs separate government filing fees and processing fees to Trademark Engine, totaling more than $600.
Trademarking a Name:
. Provides broader protection against wrongful use, as wrongful use of names is more common than logos.
. Prevents any use of the name that causes confusion, even if it's within a unique logo.
. Offers budget-friendly protection compared to logo registration.
Trademarking a Logo:
. Protects the specific elements of the logo, such as shape, orientation, stylization, and sometimes color.
. Typically prevents others from using the logo or something confusingly similar to it.
. May not necessarily protect the company name used within the logo in all contexts.
. Requires a new application for amended or redesigned logos, which is common.

There may be advantages to registering both a name and an associated logo. But bear in mind, each filing requires its own government filing fees and processing fees to Trademark Engine so registering both costs more than $600.

A more budget-friendly option could involve registering just a company name. Wrongful use of names seems to be more common than wrongful use of logos. Trademarking a name generally provides broader protection because it prevents any use of the name that causes confusion, even if someone tries to use the name within a unique logo.

A mark for a logo typically protects the shape, orientation, stylization and sometimes color in that particular logo. Registering ordinarily prevents others from using that logo or something confusingly similar to the logo. Even if a company name is in the logo, registering the logo may only protect the use of that name in the particular way it is used in the logo and not the use of the name more generally. Moreover, amended or redesigned logos usually require a new application for the new logo. As may be expected, logo changes seem to be more common than name changes.

Much like how the availability of a corporate name in a given state does not necessarily provide superior trademark rights to use the name in commerce, the availability of the domain name is not an indication either. A company could have a trademark name on a product or service, but not have acquired the domain name.

The availability of the domain name should be one part of a comprehensive search, which Trademark Engine offers, to help evaluate the strength of a brand name or slogan and the likelihood of a trademark being approved. Using a domain name as part of a brand that sells goods or services may establish common law trademark rights. A “common law” trademark can be established when a name, logo or slogan is used in commerce, even if it is not registered. Common law rights, however, are limited to the geographic area where the mark is actually used as opposed to the nationwide protection typically established by registration of a mark with the USPTO.

The geographic limitations of an unregistered mark can make it difficult to expand a business. On the other hand, a person using a mark in a limited geographic area could be boxed in by someone else who offensively registers a similar mark. In addition, registration of a trademark customarily gives the person holding the registered trademark a leg up in court as to the validity of the mark and the date of usage in later trademark infringement litigation, if it comes to that. There are also favorable remedies available to registered trademark owners in the event of litigation. Finally, once a trademark is accepted by the USPTO, it should be maintained in the USPTO database, which can discourage others from using the mark in the future. Future companies should be on notice that the mark is already spoken for, which should in turn help avoid at least some disputes.

General Benefits to Registering a Mark:
. Nationwide protection
. Presumed right to the exclusive use of the mark nationwide
. Presumed validity of the mark in a lawsuit
. Additional remedies in court
. May increase the value of the company
. You can record the mark with the U.S. Customs and Border Protection, which may help stop importation of infringing or counterfeit goods into the U.S.
. The right to use the ® symbol

If investing heavily in a marketing campaign with a slogan, a company might consider registering a slogan as well. Short catch phrases or sayings that are sold as part of merchandise (like shirts or hats) can also be registered. The same rules apply that are applicable to picking and registering a company name. Namely, the slogan should be inherently distinctive and creative or have developed a secondary meaning. In other words, “really good pizza” probably can’t be trademarked unless that saying has become so famous that most consumers associate it with a certain pizza brand.

The whole process will usually take anywhere from 5 to 10 minutes on the Trademark Engine website. For a typical application, be prepared to provide at least the following:
1. The Actual Mark You Want to Use:
This could be your company name, logo, or slogan.
2. Full Legal Name and Address of the Owner of the Mark:
Your complete legal information as the owner of the mark.
3. A Copy of the Specimen:
An example that shows you are using the mark in commerce. This could be a picture of your product or a website advertising your service.
4. Category of Goods or Services:
Choose a category from our drop-down menu and provide a description of your goods or services.
5. Dates of First Use:
The date you first used the mark in commerce and the date you first shared the mark anywhere.