Advantages of a Trademark Registration
Mr. Kirshner offers a flat fee service to search the Federal Trademark Register and offer an opinion as to the availability of a mark, as well as preparation and filing of an application to register the mark with the United States Patent and Trademark Office.
- Although protection is available for trademarks under state law, a higher degree of protection is afforded through registration of the mark in the U.S. Patent and Trademark Office.
- Federal registration allows the owner of the mark to display the familiar ® symbol thereby putting others on notice of trademark rights.
- Trademark rights are no longer restricted to state boundaries; a first user of a federally registered mark is entitled to nationwide protection.
- Federal registration grants the trademark owner access to federal court. In causes of action for trademark infringement of federally registered marks, profits, damages, and costs of the law suit are recoverable and triple damages and attorney’s fees are available.
- A federal registration may be grounds for stopping importation of goods bearing an infringing trademark.
The following is a brief outline of the steps one takes in order to obtain a trademark registration.
- Trademark search.
- Prepare and file trademark application.
- Receive filing receipt.
- After 4 to 5 months, receive an office action from the trademark examiner.
- If required, respond to the examiner’s office action.
- Receive notice of publication.
- Receive notice of allowance, if application was filed on the basis of intent to use.
- If intent to use application, submit statement of use and specimens.
- Receive trademark registration.
- After five years, file paperwork showing continued use of the trademark in commerce.
- Renew every ten years.