Trademarks typically last for 10 years as long as you keep up with the maintenance forms and fees. This process allows the USPTO to ensure that the mark is still being used in commerce. The USPTO also requires you to fill out maintenance forms within a few years of receiving approval. This means you can use the registered symbol with your mark. You will receive an official certificate in the mail. There is an option to file for a six-month extension and pay a fee.Īfter you file the SOU form, your mark will move from the intent-to-use phase to a fully registered trademark. When you file the form, include pictures of products that you have been selling with the mark, along with any proofs of purchase, such as receipts. After using the mark in commerce, you must file a Statement of Use (SOU) form. You must use the mark in commerce within six months of receiving approval, or a Notice of Allowance, from the USPTO. Make sure to take time to review your mark within the publication. If no one responds to the publication, you will receive approval.

Any party may review the notice and protest if they feel your proposed mark could conflict or damage theirs. If you don't respond within six months, the mark is considered abandoned.īefore officially approving your application, the USPTO reviewer will publish the information in the Official Gazette. Should you choose to appeal, you must do so within six months of receiving the response to your initial application. However, you can file an appeal, and the mark will go through another review with the USPTO. If your application is rejected, you will not receive a refund for the application fee. If you're filing for protection on a logo, stylized mark, or other design mark, you must include an image or drawing of the mark exactly as you will use it.Īfter filing the application online, you should receive a response from the USPTO reviewer within six months, although the process can take longer. The date of the first use of the mark in commerce.Ī standard character mark, also referred to as a word mark, often won't require any special fonts, designs, or colors, so you can simply type the words into the space on the application.Any design component related to the mark.The categories of goods and services for which you will use the mark.With your application, you will need to include: There are more than 40 different classes of goods and services. The cost to register a trademark online is between $275 and $325 for each class of goods and services. If someone else holds trademark protection on an identical or similar mark, your application will be rejected. You can only register a trademark if you are the first to file. You can use the Trademark Electronic Search System (TESS) database to look at other registered marks. Before you file the application, you should perform a thorough search of existing registered trademarks and service marks to make sure that yours isn't too similar. Using a service mark indicates that all services with that protected mark come from the same company or source. A trademark typically applies to a product, while a service mark typically refers to an available service. Registering a trademark, which protects a phrase, logo, symbol, design, domain name, or other word that is associated with your business, requires filing an application with the United States Patent and Trademark Office (USPTO).

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