Can I still register a mark similar to mine?
Generally, the USPTO will not allow for two similar marks in the same or similar categories. However, if the trademark is being used for a unique product or service, it may be possible to register the identical mark in a different class or category.
How many trademark classes do I need to register in?
The USPTO consists of 45 classes. Each class protects one good or service. Your trademark protection is limited to the class you are registered in. Some trademarks will benefit from protection in multiple classes in order to protect different goods and services in connection with the mark.
Is there a chance my Trademark will get rejected?
There are many reasons a trademark may be rejected and no trademark is guaranteed. A common basis for rejection is that the mark is too similar in name to an already registered mark with the USPTO. A mark may also be rejected if the USPTO feels the mark is too generic or descriptive.
What if my mark is not being used yet? Can I still file my trademark?
When a trademark is not in use at the time of filing the application, the application becomes an Intent-to-use Application. An intent-to-use application reserves the rights for the Trademark prior to the trademark being used in commerce.
Extensions of time can be filed every 6 months for a period of time to reserve the right for the future mark.
Once goods or services are sold or used in commerce, a statement-of-use is required to be filed with the USPTO to complete registration.
What information do I need to register?
When registering for a trademark, the application will ask for specific information about the Trademark, Goods and Services and Trademark Owner. Generally the application requires the following information
Actual Mark
Full legal name and address of the owner of the mark
A copy of specimen showing the mark in use (In Use Application only)
A category of the goods and services you are using for your mark
A description of the goods and services
The first date of the use of the mark in commerce (In Use Application only)
What is a goods and services description?
Every trademark application must include a description of the goods and services. The description can be two words or up to a sentence long. The description may be rejected if it is too broad or infringing on another mark, but if it is too narrow the application may be limited.
Make your Trademark, LLC will work with you to develop the middle ground for your goods and services descriptions.
What is a trademark class?
There are a number of different classes that can be used to identify particular goods and services. The USPTO has a pre-determined list of trademark classes to choose from. In some circumstances it may be helpful to register under multiple classes. Each class has its own filing fee.
The selection of a class is instrumental to your registration because a registered trademark only protects the category listed on the application. Changing the class designation after the fact may be difficult.
When filing in multiple classes it’s best to do an individual application for each class. This will make it easier if the USPTO blocks one class on the application but approves the other class.
Each registration or class would require payment of the fees to Make Your Trademark, LLC.
What is the USPTO filing fee?
The USPTO assesses a fee of $250 or $350 per class per application. This is charged regardless of whether an applicant files on their own, or uses an attorney or trademark filing service.
This fee is collected after Make Your Trademark has filed the initial application with the USPTO. How long does
How long does a Trademark last?
Once a certificate of registration is issued by the USPTO for your mark, this means your mark is officially registered and the time of protection begins. The initial Trademark Renewal must be filed between the 5th and 6th anniversary of your mark registration, assuming continued use of the mark, a declaration of continued use must be filed with the USPTO in order to maintain registration of your mark.
Additionally, between 9th and 10th year you must file an additional statement of continued use.
Make Your Trademark can help you file your Trademark Renewals.
How long does it take to receive a trademark?
Upon filing of your trademark application, the application is assigned to a USPTO examiner for review. Generally, an application is assigned to an examiner within 3-6 months from the date of filing.
After review, the mark will either be approved or additional documents may be required. If an Intent to Use application was filed, a notice of allowance will first be issued and a Statement of Use will need to be filed.
The trademark process generally is 8-12 months from the date of filing.