How to register a trademark in the USA
How to register a trademark in the USA En Hispanic Entrepreneurs We tell you what to do to protect it and use it as a valuable marketing tool. Remember that the trademark is the way in which you show your clients who you are and how successful your business is.
What is a brand?
This can be any word, phrase, symbol, design, or a combination of elements. that identify your product or service. This is how customers identify you in the marketplace and differentiate you from the competition.
A trademark is used for products and a service mark as the name implies is for service businesses. The trademark identifies the source of the goods or services, also provides legal protection against counterfeiting and fraud. Creative and unique ones are easier to protect.
It should be clarified that you do not have the right over the word or phrase in general, but how it is used with the goods or services in specific.
Why register my trademark?
The registration of trademarks and their administration at the federal level is governed by the US Patent and Trademark Office (USPTO). When you decide to register it, said office includes it in its database, which gives a public notice to those who search for similar.
The registration will include the trademark, the products and services, as well as the application and registration date. It gives a legal presumption that you own it and have the right to use it. In federal court the registration certificate proves ownership saving the need to consign a large number of evidences.
You can also use the registration as a basis for applying for trademark protection in other countries. It gives the right to sue what is related to the brand in a federal court and you can stop the importation of an infringing company.
How to register a trademark in the USA
Any person or company that owns a trademark can apply for the registration of a trademark. Before applying, search the USPTO trademark database. This is done to verify if one has been registered or requested that is similar to that of your company. If you use related products or products.
The first step is to apply online through UPSTO. You must access the TEAS or TEASi forms and choose the ones that appear below. To do this you have to log in to MyUSPTO with your UPSTO.gov account for two-step authentication.
After submitting the forms and paying the corresponding fees, it is the applicant's responsibility to verify the status of their application in the database. Also the trademark status, document recovery and error correction.
When the registry office verifies that the filing requirements are met, it assigns a serial number. The request will be sent to the legal advisor for approval or not. If it decides that it is not applicable, it will send a letter explaining the reasons. The applicant has to respond to the letter within 6 months after the denial.
Upon approval, it will be published in an official bulletin, the USPTO will notify the date of its publication. Once it is published, people who consider that it violates their rights can file a complaint after 30 days.
If there is no opposition or it is not deficient, the process goes to the next level where the trademark is registered. To keep the registry current, maintenance documents must be presented and some fees must be paid. It remains active renewing it after 10 years of registration.