Sunday, May 9, 2010

Trademarks - How to File For a National Trademark by Patrick Newman

Trademark filing is the process of registering a trademark. By far the large bulk of trademark filings are done online.

So what is involved in trademark filing? There are 10 steps - steps 2 and 3 are summarised here today.

Step 2. Start trademark online filing
Step 3 Application Filing Fee
The other steps are:

Step 1 - Confirming your trademark intentions
Step 4. - understanding the basis for filing
Step 5 - Providing a Specimen
Step 6 - Signing or authorising the trademark filing application
Step 7 - Review of the trademark application
Step 8 - Publication for opposition
Step 9 - Certificate of Registration
Step 10 - Maintaining Trademark Registration
Step 2 Trademark online

By far the largest bulk of trademark filings are done online using the USPTO Trademark Electronic Application System (TEAS). While the USPTO greatly prefers that you file electronically using TEAS, you may either mail or hand deliver a paper application to the USPTO.

An application must include the following elements before the USPTO will accept it:

the name of the applicant;
a name and address for correspondence;
a clear drawing of the mark;
a listing of the goods or services; and
the filing fee for at least one class of goods or services
If your application does not meet these requirements, the USPTO will return the application papers and refund any fees submitted.

Application Filing Fee

At the time of writing this article the published fee for "Application for registration, per international class (electronic filing, TEAS application)" was $325 USD.

For current fees for trademark applications and amendments, see the current USPTO Fee Schedule. Fee increases, when necessary, usually take effect on October 1 of any given year. You can call 1-800-PT0-9199 for up-to-date fee information.

For fees associated with the listing of classes, see the USPTO International Schedule of Classes of Goods and Services. The filing fee must be paid in United States currency (USD). The USPTO accepts payment by credit card, check or money order, or through an existing USPTO deposit account.

Personal, business and certified checks are accepted and should be made payable to "Director of the USPTO." A form for authorizing charges to a credit card can be accessed through all TEAS forms. If you are filing on paper, you can download the form for authorizing credit card charges from the USPTO website.

In summary, trademark filing can be broken down into 10 easy steps, two of which are the actual filing (step 2) and paying the application fee (step 3).

By the way, you should always consult with a trademark attorney or trademark professional for assistance, trademark services and advice.

Patrick Newman writes on intellectual property, copyright and trademark matters from practical business experience. Patrick is a member of the licensing executives society international, has an MBA and a degree in engineering. For more information see Trademark Filing

To get find out more about the ebook click here: Trademark Filing in 10 Easy Steps

No comments: