How Difficult Is It To Register A Trademark
For example a company called brisbane automotive mechanics would have trouble registering its business name as a trademark as it.
How difficult is it to register a trademark. The federal government runs a centralized trademark registration department through the united states patent and trademark office pto. As long as you were the first to use the mark in commerce you technically have trademark rights. Gives legal presumption of ownership in an infringement lawsuit you must prove you own. Register your mark with the federal government. Where the words on their own are difficult to register as a trademark registration can often be achieved by combining these words with distinctive words or symbols to make what is known as a composite mark.
Patent and trademark office uspto. That means as soon as you begin advertising your product with your logo your logo is technically trademarked in the eyes of the law. A trademark is a word phrase sign symbol or logo used to identify a product s owner. Trademark registration uses a class system. There should also be a color claim naming the colors featured in the trademark and where the said colors appear in the overall design of the mark.
Trademarks give exclusive rights to a person or company to use a specific mark within an industry. You may not know about problems until the examiner in the u s. Again a national trademark would definitely make your life easier. Many businesses can file an application online in less than 90 minutes without a lawyer s help. Even if your application issues to registration third parties still have another five years to petition for cancellation based upon their priority.
The trademark website has a database where you can enter search terms to discover the correct class and acceptable identification of goods and services. This involves registering a single word as a trademark with the u s. Color marks are slightly more difficult to be registered since there is a need to submit substantial proof of acquired distinctiveness as well as the logo rendered in color. It s rather difficult to limit your territory in the days of the internet and easy transportation. You are not required to register your trademark with the pto but this type of registration provides certain advantages.
Patent and trademark office uspto cites a prior registration as an obstacle. A state registration is pretty good but what happens when you border another state and the guy just over the way starts using your product name for a similar product. But these automatic common law trademark rights are geographically limited and difficult to enforce. You will however find it difficult to enforce them without a federal trademark registration. In the united states trademark rights begin when the trademark is put into commercial use.