How do I know when I need to consider trademark protection for my brand? How do I enforce my trademark rights? How much does it cost to trademark a brand in the USA? How long will I enjoy the trademark right in the US?

We certainly have a lot of questions when it comes to trademark law in the United States. Today, we are here to answer them all. After going through this article, you will not feel the need to Google any answers on trademarks but will be confident enough to know exactly what you want and how you’ll have it.

So, without much delay, let us begin.

What Is A Good Trademark?

A Trademark is a distinct word, design, phrase, symbol, or even a combination of these that can be used to set your goods and services apart from the ones of other sellers or manufacturers.

If you are building a brand, then trademarks are a must. They establish a distinct identity of your brand in the market so that there is no confusion with other brands.

The US Trademark Law was established through the Lanham Act, officially known as the Trademark Act of 1946. It states that for a person to have a registered trademark with the United States Patent and Trademark Office, their goods need to be distinct in nature. The more unique and distinct the product is, the better protected it is under this law.

These Are The Essentials Of A Good Trademark

These are the Essentials that your product should have in order to register under the USPTO and trademark law in the US.

• It should be distinct and not generic.
• Your product should have a commercial use.
• You should specify under which goods and services the product can be categorized. This avoids confusion.
• This trademark should not be extremely similar to other trademarks in the market.
• Whenever you register your Trademark under the USPTO, it is no longer just a common law trademark. You will enjoy certain protections and rights under the law.
• You can take legal action against the person who decides to use your Trademark without permission.

Trademarks can include slogans, sounds, colors, shapes, and even words.

What Is A Common Law Trademark?

Under trademark law, a person has common law Trademark rights, as soon as they begin using their Trademark in the business. However, if they register with the Patent and Trademark Office of the United States, the trademark gets a special backing of the law.

Common law trademark rights are limited to a particular geographical area where this product has used the straight mark for a long time. It offers the holder some level of protection against infringements. It often becomes challenging for the person because they have to gather proof to back up their claims. However, a person using registered trademarks usually has a much stronger case.

If you ever consult a patent and trademark lawyer, they will always ask you to get your Trademark registered. Registration gives you exclusive rights to your mark against future infringement.

How Do I Register A Trademark Under Trademark Law?

If you want to register your Trademark under the USPTO, there are certain steps that you will need to follow.

Steps To Follow

First, you will need to choose a distinct mark that is not easily confused with other existing trademarks.

• Make sure that the word slogan logo or a combination of these, whatever you choose, is unique and catchy.
• You can also go to USPTO’s official website to see if this Trademark has already been taken. The website has a special search bar where you can ask for professional help.
• The next step would be to clearly identify the service or good you want to associate your Trademark with.
• If your Trademark is already a common law trademark, it will be easy for you to get a specimen. You will need to present this specimen when you apply for your Trademark registration.
• Next, go and visit the official website of the United States Patent and Trademark Office. There are various types of applications like the Trademark electronic application system standard version, plus version, and so on. Each version comes with its own requirements, rights, and payable fee.
• Fill out the forms with the information correctly. Pay the required fee and keep monitoring the website for any developments on the status. As soon as your Trademark is registered, it will be published in the official gadget of the United States Patent and Trademark Office.

How To Navigate The USPTO Website?

Trademark law may be tricky, but the application isn’t. If you are looking to fill out your Trademark application form, the process is going to be quite simple. 

Here’s How

First, you will need to log into the official website to get access to all the forms. For that, there is a two-step authentication process to verify your identity. After you are done filling up the forms you can have a last preview before submitting it.

Identity verification is carried out to mark fraudulent Trademark filers from the actual ones. The verification can be done online or through the traditional paper verification process.

How Long Does A Registered Trademark Last In The US?

According to US trademark law, Trademark registration from the US will last 10 years. After that, it will need to be renewed. If you fail to pay the renewal fee, it will expire 5 years from the date of abandonment.

 What Are The Benefits Of Federal Trademark Registration?

After you have successfully registered your treat mark, you will receive an Official Document stating your national ownership. It will clearly state your company’s logo, brand, and other identifying factors. Your brand will now become a tangible asset and help you take a step about your competitors.

• As soon as the registration process is complete, your Trademark will make it into the official database of USPTO.
• If you get a federal registration, it will give your Trademark protection through all 50 states of the United States.
• Your Trademark will also enjoy International protection in case of inter-border disputes.
• If you have any more questions on the trademark law of the US, please leave a comment on our article, and we will get back to you right away.

How Much Does It Cost To Trademark A Brand In USA?

If you want to get your Trademark registered in the US, the cost may vary upon the kind of registration you choose.

The initial cost will depend on the count of goods and services classes mentioned in your application. There might also be additional fees.

Type-Wise Fee

If you are choosing the TEAS Plus, it can cost you around $250 per goods and services class.

• Whereas if you are choosing TEAS Standard, you are looking at a fee of $350 per goods and services class.
• Your application of choice will depend on whether the trademark you are choosing is currently in use.
• Usually, you have to pay a fee for each good and service class you have mentioned in your application.

For instance, if you are applying for two classes the sea will become $700 for the TEAS Standard form.

Are There Any Post-Registration Fees?

After your Trademark has successfully been registered, it will need to be renewed at regular intervals.

After every 10 years, you will have to declare if The trademark is still in use and pay $525 per goods and services. This is your renewal fee.

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