subject: Tips And Info About Trademark Registration In The Uk Or Usa [print this page] Trademarks are like brand names, something that helps identify your products. Some of the most popular trademarks known are: Channel No. 5, Calvin Klein, Coke Bottles shape, NBCs peacock graphical image, Got Milk? Popsicle, the Pillsbury Doughboy figure and the sound of the NBC chimes.
Here are a few more things about Trademark and trademark registration in UK.
The symbol tm represents an unregistered trademark whereas the symbol sm represents an unregistered service mark. Both these symbols are an indication that the trademark or the service mark have public claim.
The symbol is the indication of the registration of the mark showing that the trademark is federally registered. If this symbol is used for an unregistered trademark it would be considered as an offence.
To register your trademark you either should be using it in commerce or should have intentions to do so. The trademarks can give you protection locally, state wide, nationwide or internationally.
You cannot use a trademark that is similar to the one already existing or being used for a similar good or service. You cannot have a trademark that lacks distinctiveness or is generic.
It is not necessary for the applicant to conduct a research for conflicting trademarks before applying for registration because the USPTO will be doing it. In case they find out any such trademark that is similar to yours, your application would be dismissed and no refund would be made. It is beneficial for the applicants to conduct search on their own.
For registering your trademark you need to submit an application to the United States Patents and Trademark Office. However a mere submission of application does not guarantee the registration of trademark.
The application can either be submitted in paper form or electronically using TEAS, along with the appropriate fee, the drawing of the mark you want to register and also some specimens showing that is in use by the business.
The minimum cost for applying for the Trademark registration for a single class is $275 however with a lawyer it costs between $1000 to $2000 on an average
It is advised to use the tm or sm sign with your trademark even before it is registered with the federal trademark organization
You should always seek the advice of an attorney before applying for the trademark registration as some complications may arise, if you try doing it yourself as you may not have the proper knowledge or experience.
Tips:
1. It is important to note that trademark is different from patent or a copyright. A patent generally protects an invention and copyright provides protection on literary or artistic work.
2. Exclusions for trademarks include the names or likeness of persons or that of dead presidents without taking consent, using the US flag, or the use of federal or local insignias and marks that can hamper or damage the image or can be immoral.
3. Always try to conduct a research for existing trademarks online. Also educate yourself on the entire process of Trademark Registration even if you have hired an attorney to do so.
