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Trademark USA: How Trademark Registration Works

Many businesses settle on getting license to operate and business registration, but it is important to get a trademark for your products and services. A trademark refers to any name, word, logo, symbol, design, or phrase that a company or business uses to assign a distinguishing feature or identity for goods or products, making a difference from competitors. The moment a customer spots the trademark, your business, product or brand is quickly identified. For service providers, service marks are used, while physical goods or products use trademarks. Trademarks are clearly distinguished from patent, wherein it is used to protect inventions, while copyrights are used to protect original literary pieces and artistic works.

In order for a business to be protected, trademarks must be used so no one else will claim and use them. By registering your business’ trademark with United States Patent and Trademark Office, you can gain privileges and benefits. These would include public notice of the business’ claim of ownership of the service mark or trademark; legal presumption of the ownership of the business of the trademark; exclusive rights to use the trademark in the United States and other countries where your products or services are sold; rights and abilities to brings actions in federal court on any matter that concerns the trademark; and include your trademark to the listings of the United States Patent and Trademark Office. Registration of your trademark does not make your ownership permanent, you have to maintain it by filing and submitting all post registration maintenance documents on a timely basis.

The process of trademark registration includes the following: trademark registration process include preregistration, mark selection, the application form, and evaluation period to verdict. There are two basic requirements to ensure that your mark it eligible to get a trademark registration including usage of the mark for business or commerce, and the mark should be unique or distinctive. When it comes to distinctiveness, there are four categories which include distinctiveness including arbitrary or fanciful (inherently distinctive mark), suggestive (treated the same way as arbitrary or fanciful), descriptive (acquired a secondary meaning in the perceptions and minds of the public), and generic (not protectable). When it comes to selecting a mark, it is essential to take into consideration the format of the mark, the good and services that the mark will be applied to, and the availability of the mark. Color marks are more difficult to register since you need to submit substantial proof of acquired distinctiveness, and the logo rendered in color.

We can help you know how to go about the process of trademark registration, feel free to check our website or homepage now. Obtain your trademark and register it for a more successful business.

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