Process for Filing a Federal Trademark - Explained
What is Required?
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Table of ContentsWhat is the process for filing a Federal trademark protection?Discussion QuestionPractice QuestionAcademic Research
What is the process for filing a Federal trademark protection?
The application for federal trademark protection follows a standard process. The following information is required for every trademark application:
- Petitioner Information - Name of applicant; address for correspondence (may be name and address of agent).
- Mark - The petition must provide a demonstration of the mark, such as a rendering, photo, or computer image. This will include an indication of whether the mark is made up of standard characters or whether it is dependent upon a particular design of the characters.
- Nature of Business - The petition must designate of class of or actual product(s) or service(s) represented by the mark.
- Filing Fee - The application must accompany the corresponding filing fee.
Upon receipt of a completed application, the USPTO will assign a serial number to the application and return a receipt of filing to the filer. The trademark attorneys at the USPTO may have additional questions or require additional information of the filer. The proposed mark does not receive federal trademark protection until it is approved by the USPTO. The mark holder may use the trademark symbol (TM), but may not use the registered trademark symbol ("") until the filing process is complete.
Next Article: What is Trademark Infringement Back to: INTELLECTUAL PROPERTY LAW
- What is a Trademark?
- Types of trademark?
- Requirements to capture trademark rights?
- Distinctiveness requirement for a Trademark?
- Determining whether a trademark is sufficient distinctive?
- What is Federal Trademark Registration?
- Conducting Trademark Search
- Should I Conduct a Trademark Search?
- Trademark Application
- Drawing a Trademark
- Filing for federal trademark registration?
- Protections of trademark rights under state law?
- Primary reasons for rejecting a trademark application?
- Common trademark designations?
- Trademark infringement?
- Enforce trademark rights?
- Demonstrate infringement of a trademark?
What do you think about the process for applying for federal trademark protection? Do you think this has the effect of incentivizing individuals to rely solely upon state rights? Why or why not?
Mark is considering filing for trademark protection of the logo representing his business. Can you explain to him what is required to file a federal trademark application?