How To Register A Federal Trademark
Many businesses can file an application online in less than 90 minutes without a lawyer s help.
How to register a federal trademark. 2d 904 7th cir. The case of burger king of florida inc. Federal registration of a trademark is the process for filing for federal protection of a mark representing a business or commercial activity. Registering a trademark at the federal level protects your brand nationwide. You get an opportunity to promote your product grow brand recognition and attract customers and investors being the only lawful owner of a product or service you are offering.
If it was allowed it will be published in the federal register. As with any investment a prudent owner seeks to protect their interests because failure to do so can result in depreciation of the asset or even total loss. In that case burger king the well known chain sued gene and betty hoots for operating. Do you need to register a trademark with the united states patent and trademark office. Federal trademark registration is an investment that creates a valuable business asset that can be licensed sold and otherwise monetized.
This group of laws is known as the lanham act. Legal presumption of your ownership of the trademark and your exclusive right to use the trademark nationwide in connection with the goods or services. Your mark will be rejected or allowed. The ability to bring an action concerning the trademark in federal court. Then this article is for you print a pdf version of the six steps for registering a federal trademark guide here.
You can trademark a name logo or phrase used in connection with a product or business service. Officially registered trademark grants you a federal law protection and stop competitors from using or adopting a trademark similar to yours. The simplest way to register. 1968 shows how a state trademark registration will not hold up against a federal trademark registration even if the state registrant is the first to use the mark within the state. Review the trademark publication.
Once your application is reviewed corrected and deemed complete it will be subjected to substantive examination. In the united states trademarks may be registered on the federal or on the state level. The federal statutes governing the registration of trademarks are found in 15 usc sections 1051 1127. There is generally a filing fee of between 275 and 375 per class of goods services. You may need a qualified attorney to help you register a federal trademark.