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Frequently Asked Questions |
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What is
a trademark or servicemark? |
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| A trademark is a word, name, symbol,
or device that is used in trade with goods to indicate the
source of the goods and to distinguish them from the goods of
others. A servicemark is the same as a trademark except that it
identifies and distinguishes the source of a service rather than
a product. The terms "trademark" and "mark" are commonly used to
refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a
confusingly similar mark, but not to prevent others from making
the same goods or from selling the same goods or services under
a clearly different mark. Trademarks which are used in
interstate or foreign commerce may be registered with the U.S.
Patent and Trademark Office (USPTO) for nationwide protection.
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How Long
Does It Typically Take to Get a Trademark Registered? |
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| Once the application is filed, the
process can take 10 to 18 months for the application to become a
registration. Don't let this discourage you - the filing date is
the most important date. If the mark is registered, protection
dates back to the filing date. |
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| Approximately four months after
filing the application, an examining attorney at the USPTO
reviews the application and determines whether the mark may be
registered. If the examining attorney decides that a mark should
not be registered, he will issue a letter (Office Action)
explaining the reasons for refusal. The applicant must respond
to any objections within six months, otherwise the application
with be deemed abandoned. |
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| The better the search and the review
of the potential mark on the front end, the less time it could
take to get it registered. It's usually not a good idea to
delegate the search function to the USPTO attorney. |
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What Kinds of Complications Can Arise When Filing a Trademark
Application With the USPTO? |
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The most common grounds for refusal
is likelihood of confusion between the applicant's mark and a
previously registered mark or that the mark is merely
descriptive in relation to the applicant's goods or services.
Further (but less common) grounds of refusal include that the
mark was determined to be primarily geographically descriptive,
primarily geographically misdescriptive, a generic term,
primarily merely a surname (Smith Apples), a deceptive mark, or
a scandalous or immoral trademark.
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Why Should I Use Your Service to Register
My Trademark? |
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| Quite frankly, our experience can
make your efforts to get a trademark easier. The USPTO is a
government entity, with its own rules and, quite frankly, its
own quirks. Dealing with it on a one-time basis can be an
effort in frustration. If you like doing your own taxes, you
might like getting your own trademark. Our guess is you can find
more productive things to do with your business than wrangling
with the federal government for hours upon hours.
In short, let us do the search, and prepare the application.
You will be involved every step of the way, but only as the
ultimate decision maker. We take care of the hassles. |
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Wouldn't it Just Be Easier to
Submit a Registration and Not Worry About Doing a Search? |
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| Well, it would be easier for about
15 minutes. The hard work will be going back and forth with a
USPTO attorney debating and arguing over why they should approve
your mark, even though they have given you four reasons why they
shouldn't.
A search on the front-end can eliminate most, if not all, the
back-and-forth with the USPTO over your mark. A search now saves
time, money, and stress later. |
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How Long
Does a Trademark Registration Last? |
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| Unlike copyrights and patents,
trademark rights can last indefinitely as long as the owner
continues to use the mark to identify its goods or services. The
term of a federal trademark is 10 years, with 10-year renewal
terms. However, the USPTO requires that between the fifth and
sixth year after the date of registration, the registrant must
file an affidavit stating that the mark is still in use. If no
affidavit is filed, the registration is cancelled. The USPTO
does not remind the trademark owner of this deadline.
With our
Monitor My
Trademark service, we can ensure that your registration will
not be cancelled by the USPTO for neglect or abandonment. |
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What is an
"Office Action"? |
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| An "Office Action" is a letter from
the USPTO setting forth the legal status of a trademark
application. If your trademark application receives an "Office
Action" from the USPTO, you may require legal assistance to
properly respond to the issues(s) raised by the Office Action.
Arrangements can be made with the
Moore Legal Group
to assist you with addressing an "Office Action". Some common
issues, which can be partially averted with a comprehensive
search at the beginning, can be found
here.
Absent such a response, your trademark application may go
abandoned, and you may lose your valuable trademark rights. |
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What are the Costs Associated With Filing
a Trademark Application? |
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| The USPTO requires a filing fee of
$325 for each class of goods or services for which the trademark
or servicemark is to be applicable. Examples of classes are
chemicals, jewelry and apparel. A complete list of the possible
classes can be found
here.
The number and type of classes you choose to submit for can
determine both the costs of your filings and the likelihood of
eventual registration. Part of our
Comprehensive Search
Service addresses the prospects of successful registration
based on the class(es) relevant to your trademark. |
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What is the Difference Between the
Notations TM, SM and ®, and How Do I Use Them? |
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Anyone who claims rights in a mark
may use the TM (trademark) or SM (service mark) designation to
alert the public to the claim, regardless of whether they have
filed an application with the USPTO. This claim may not be
valid, but merely evidences the owner's belief that the mark is
protectable.
Use of the federal registration symbol, ®, can only be used when
the mark has been registered with the USPTO. It is improper to
use the ®, at any time before registration is granted by the
USPTO.
Note that the TM, SM and ® symbols are not considered part of
the mark and should not be included with the mark in the drawing
you submit with an application. |
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How Does a Trademark Differ from a Patent
or Copyright? |
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A trademark is any symbol, word,
phrase, device, logo or slogan that identifies and distinguishes
one product or service from another.
A copyright is a right granted to authors of creative works such
as books, websites, computer software, music, architecture, and
paintings, just to name a few. A copyright owner has the
exclusive right to copy, sell and distribute the work.
A patent is a right provided by the government that allows
inventors to prevent another from making, selling, or using
another invention that is similar in nature. Patents may be used
to protect inventions, machines, devices, processes and many
other things. Moore Legal Group is not licensed to practice
patent law. |
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What is a Copyright? |
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| Copyright is defined
as the exclusive right of a creator to reproduce, prepare
derivative works, distribute, perform, display, sell, lend or
rent their creations.
While copyright protection technically exists once a work is
reduced to writing (or any other tangible medium), a copyright
must be registered with the U.S. Copyright Office before a party
may sue in federal court for its infringement. Even more important,
perhaps, is that those who register their copyrights immediately, or
within three months of publication, can also get statutory damages
and attorneys fees for any infringement. The copyright symbol “©” is
only given its real teeth once the work its affixed to is registered
with the U.S. Copyright Office. Our fee for the Copyright My Work
service includes all applicable federal filing costs and expenses.
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How
Long Does It Take to Get a Copyright? |
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| If the submission is in order, and
done correctly, a certificate of registration takes
approximately six months to get issued. |
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How Long Does a Copyright Last? |
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The term of
copyright for a particular work depends on several factors,
including whether it has been published, and, if so, the date of
first publication. As a general rule, for works created after
January 1, 1978, copyright protection lasts for the life of the
author plus an additional 70 years. For an anonymous work, a
pseudonymous work, or a work made for hire, the copyright
endures for a term of 95 years from the year of its first
publication or a term of 120 years from the year of its
creation, whichever expires first. For works first published
prior to 1978, the term will vary depending on several factors. |
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What are the Costs Associated With
Filing a Copyright Application? |
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| The federal fee for filing a
copyright application is $45.00, which is included in our fee
for handling your copyright submission. |
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Is It Possible to Have My Copyright
Application Rejected? |
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| It is. If the correct forms are not
filed, or the work submitted is not unique, the Copyright Office
can reject your application. To save time and money, it's best
to get it done right the first time with our
Copyright My Work service. |
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