What You Can And Cannot Register As A Trademark
What you can register
You can register any trademark that does not contravene the Trademarks Act. For more detailed information, see the Trademarks Act.
What you cant register
Trademarks that are generally unregistrable include the following:
A trademark may not be registered if it is nothing more than a name or surname.
An exception is if you can prove that your goods or services have become well known under the name or surname so that the word has acquired a second meaning in the public mind.
You may not register a trademark that clearly describes a characteristic or quality of your goods or services.
For example, the words sweet for ice cream, juicy for apples, and perfectly clean for dry-cleaner services could not be registered as trademarks. All apples could be described as juicy and all ice cream as sweet these are natural characteristics of the items. If you were allowed to register these words, no other apple sellers or ice cream vendors could use them to promote their goods, and that would be unfair. But, again, if you can establish that Sweet Ice Cream has become so well known that people will immediately think of your product when they read or hear these words, you may be allowed to register the trademark.
You cannot register a trademark that is deceptively misleading. For example, you could not register cane sugar for candy sweetened with artificial sweetener or air express for a courier service that uses ground transportation.
Applications Based On Use In Commerce
If there are no pitfalls during the prosecution of an application based on Section 1, it will be published in the Official Gazette, then proceed directly to registration. There are no additional fees in this scenario unless the application goes abandoned for failing to respond to an Office Action. In order to obtain registration under this basis, you must:
- Provide a signed statement that you are using your mark in commerce.
- Specify the date that you first used your mark anywhere with your goods or services.
- Specify the date that you first used your mark in commerce with your goods or services.
- Submit one specimen for each class of goods or services in your application. A specimen is a real-world example of how you use your mark on your goods or services.
Trade Mark Forms And Fees
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: .
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/trade-mark-forms-and-fees/trade-mark-forms-and-fees
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Reasons To Trademark Your Logo
Common law protection only covers your logo in your local region if you don’t register, and doesn’t apply at all if someone else is already using the same design. Registering your trademark with the USPTO gives you protection in all states. Holding a federal trademark lets you register your logo in other countries and sue in federal court to protect your branding. Lawsuits let you collect cash awards or even press criminal charges against anyone who tries to use your logo. You’ll also be making sure that you’re not violating someone else’s trademark by using a similar symbol.
What Is The Cost Of An Application For Federal Trademark Registration
Applying for federal registration of a trademark is, in and of itself, a fairlyinexpensive proposition. Typically, the application form is filled out online at the UnitedStates Patent and Trademark Officeâs website and will take about a half hourto complete. Depending on the type of application, and the applicantâs willingness to conductfuture communications with the USPTO, the application filing fees are currently between$225-$400 per class. You must pay this fee for each class of goods and services for which registration is sought.
In addition to proper selection of the form of the trademark, it essential to any trademarkapplication that the goods and/or services descriptionassociated with the mark is properly tailored . Not only do you need to accurately describe thegoods/services but you must do this with an eye toward your current and future business andproduct development plans, as well as with an awareness of your competitors. This may takecareful consideration and drafting by you and your trademark attorney. This analysis is alsoincluded in the $1275 fee.
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Trademark Filing Process And Potential Additional Fees
This article includes a more detailed look at the trademark process, as well as explaining some of the potential additional fees that can occur throughout the process.
Additional ClassesOur trademark filing service includes the government filing fee for one class of goods/services.
Additional USPTO and processing fees of $250 will apply if your trademark covers goods/services in multiple classes . This includes the $250 per class filing fee and a $50 per class attorney fee.
Office Actions A government attorney will review your application about 4 months after filing to determine whether federal law permits registration. This occasionally results in the issuance of an “Office Action” identifying issues that need to be addressed before the application can be approved. There is no charge to address procedural issues like amendments to descriptions of goods/services and the entry of disclaimers.
In the unlikely event that your application receives a substantive refusal such as a likelihood of confusion rejection, then there will be an opportunity to respond to the refusal. If you decide to proceed, then our attorneys charge a flat fee of $850 to prepare and file the response.
To prove use, a document must be filed with the USPTO called a Statement of Use within 6 months of receiving the Notice of Allowance. If the trademark is not used within 6 months, then an extension of time can be requested.
**updated Uspto Fee Schedule 2022**
The beginning of the year 2021 brought a few changes in Americans lives, especially business owners. One of them is the revamped fee structure for the new trademark and Trademark Trial and Appeal Board . From January 2, 2021 onwards, the United States Patent and Trademark Office has been implementing new fees across the country. This sudden increase in the fee will affect a wide range of applications, from trademarks to renewals and opposition filings.
Some of these notable surges will impact the strategic considerations for enforcement strategies, new filing, maintenance submissions, etc.
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What Is Trademark Class
Trademark registration categorizes trademarks into 45 distinct classifications. As a result, each trademark class indicates a distinct range of goods and services.
It is also critical to select the right trademark class since the wrong categorization might obstruct the application process. Also, 34 of the 45 classes are in the Trademark Goods Class, while 11 are in the Trademark Service Class.
Components Of Trademark Registration Fee
- Rs. 4500 if you are a sole proprietor or small enterprise
- Rs. 4500 if you are a partnership/ company/ LLP with MSME registration.
- Rs. 9000 if you are a partnership/ company/ LLP without MSME registration
Note: StartEazy can help you get MSME Registration when you apply for your trademark.
- Trademark Processing Fees
- Rs. 1500 to Rs. 5000 depending on attorney qualifications and experience.
Trademark Registration Application Fee
The fee for a Trademark Electronic Application System Standard application has been increased from $275 to $350 per class, which means an additional $75. Simultaneously, the TEAS Plus application charges has soared to $250 from$225, increasing by $25.
The TEAS standard application fee has been increased drastically to encourage new applicants to follow USPTO Identification Manual in terms of language while identifying goods and services. It ensures that the applicants dont go off-script while explaining their goods and services, which is a key requirement for registering a patent. It will take lesser time for the attorneys to compare your goods and services with others and decide whether they are worth trademarking or not, if the applicants have used a certain identification language that the USPTO has already approved. It will save time and help the applicants with an alternative identification language sufficient as per USPTO requirements. This will result in shorter applications and a quick examination process.
Nonetheless, the USPTO has adjusted the fee for applicants who fail to meet the TEAS Plus requirements. They have reduced the charges from $125 to $100 per class.
Trademark Maintenance Renewal Fees
After registration you are required to periodically renew your trademark registration and pay the associated government filing fees. Between the 5th and 6th years after registration you will need to file a Section 8 renewal and you should also file a Section 15 request for incontestability.
Between the 9th and 10th years after registration you will again need to renew your trademark and pay the required government filing fee. Thereafter, your trademark registration must be renewed every 10 years after registration. If the documents arent submitted on time, you have a six-month grace period. Paying during this time will result in additional fees.
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Patent Application Filing Fees
Basic filing fee Utility ) 320.00 Basic filing fee Utility n/a Basic filing fee Design CPA 220.00 Basic filing fee Reissue 320.00 1051/2051/3051 1.16 Surcharge Late filing fee, search fee, examination fee, inventors oath or declaration, or application filed without at least one claim or by reference 160.00 Surcharge Late provisional filing fee or cover sheet 60.00 Each independent claim in excess of three 480.00 Each reissue independent claim in excess of three 480.00 Each claim in excess of 20 100.00 Each reissue claim in excess of 20 100.00 Utility application size fee for each additional 50 sheets that exceeds 100 sheets 420.00 Design application size fee for each additional 50 sheets that exceeds 100 sheets 420.00 Plant application size fee for each additional 50 sheets that exceeds 100 sheets 420.00 Reissue application size fee for each additional 50 sheets that exceeds 100 sheets 420.00 Provisional application size fee for each additional 50 sheets that exceeds 100 sheets 420.00 Non-electronic filing fee Utility 400.00 Submission of sequence listings of 300MB to 800MB 1,060.00 Submission of sequence listings of more than 800MB 10,500.00 The 4000 series fee code may be used via EFS-Web
Trademark Registration Maintenance Fees
Trademark Registration Maintenance Fees also are seeing an increase on January 2, 2021. For example, the Section 8 or 71 Declaration is increasing 100 USD per class . The takeaway here is straightforward: if trademark registrations are within the one-year window to file the Section 8 or 71 Declarations and sufficient specimens of use are available, it is less costly to file before January 2, 2021. The USPTO also has implemented a new fee for deleting goods or services or classes after the Section 8 or 71 Declaration has been filed: 250 USD per class. This new fee is presumably intended to deter late amendments and encourage registrants to consider any changes to the registrations before the Section 8 or 71 Declarations have been submitted.
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Your Application Filing Basis
Your filing basis depends on whether or not youre currently using your trademark in commerce, and impacts what actions and responsibilities you have throughout the registration process.
For example, if youre already using your trademark in interstate commerce in the United States, youll select the use-in-commerce filing basis. If you have a bona fide intention to use your trademark in interstate commerce in the United States, youll select the intent-to-use filing basis. An intent-to-use filing basis may include additional fees at various points in the process. Learn more about the use-in-commerce and intent-to-use bases.
Qualifying For Reduced Uspto Government Fees
As any applicant knows, the government fees for filing a patent application can be quite costly at times. However, the U.S. Patent and Trademark Office has a tiered system for determining several fees. These fees are based on the applicants status and include large-entity, small-entity, and micro-entity. In particular, both small-entity and micro-entity designations qualify the application for reduced government fees. Specifically, there is a reduction in government fees by 50% for small-entities and 75% for micro-entities.
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How Much Does It Cost To Trademark A Business Name
The process for trademarking a business name is well worth it to protect your brand and ward off unlawful use by competitors.
The name you choose for a new business is often among its most valuable assetsone well worth protecting. By trademarking your company name with the United States Patent Trademark Office , you gain nationwide protection against competing businesses that may be inclined to use a similar name.
Here’s what you can expect to pay for state business name registration or federal trademark registration.
Engaging An Expert Or Diy
Its possible to apply for a trade mark without engaging a lawyer or an attorney. There is no obligation in having someone apply for a trade mark on your behalf.
However, we highly recommend you get advice from an expert to make sure the registration happens smoothly. The cost to register a trade mark will depend on the experts fees, the Government charges for the jurisdiction you wish to file an application in, and if any third parties have any objection with your mark . There may also be issues with trade mark infringements to consider.
In any case, we recommend that you always do a search on the trade mark register before filing an application to avoid issues down the track.
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Choosing More Than One Trademark Class
Before filing your trademark application, youll need to choose the class or classes of goods and services to which your trademark belongs. Trademarks provide legal protection against infringement only for the category or categories of goods or services that you identify in your application. For example, the skincare company Dove holds a trademark in the toiletries class of goods, but the chocolate brand Dove holds a trademark in the confections and chocolate class of goods.
For each additional trademark class that you choose, the application fees noted above will double. At the moment, the USPTO recognizes 45 different trademark classes.
Why Is A Trademark Search Necessary
Trademark searches are necessary to ensure that your proposed trademark is not already in use or registered and that your proposed trademark is not too similar to a trademark already in use. The USPTO must follow all legal requirements for trademark registration. One such requirement is that a proposed trademark cannot be registered if it is the same as or if it is confusingly similar to a prior trademark. Any proposed trademark that is an exact match will be rejected quickly. The more nuanced and difficult questions arise with similar but not identical trademarks and with trademarks that are not used in relation to the same goods or services. A trademark search will reveal these similar trademarks which will save money and time since your proposed trademark cannot be modified after filing the application.
The USPTO maintains a searchable online database of trademarks called the Trademark Electronic Search System that can be used by anyone. Currently, there are about 2.5 million trademark registrations. See USPTO Data Dashboard here.
However, it is important to have an experienced trademark attorney conduct a trademark search. A TESS search is generally not broad enough since common law trademark rights may exist without a registration.
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How Long Is A Trademark Or Service Mark Registration Active
A Trademark or Service Mark registration is active for five years from the date the mark was filed with the California Secretary of State’s office. Within six months of expiration of the five years, the mark may be renewed for another five years. The mark may be renewed every five years as long as the mark is in continual use.
Choosing The Right Consultancy For Your Tm
Getting it right at the first time is important because when it comes to trademark, Life doesnt give you a second chance and even if it does it will be when your trademark expires after 10 years or is withdrawn by you. And both of these are time consuming and complicating scenarios.
So its always better to find the right trademark consultancy.
Look out for cues like their website professionalism and how good their sales personnel are to you over phone.
Check out for their knowledge by asking questions like Do you take guarantee of my trademark approval? What is the opposition reply fee apart from trademark registration fees?
No good Trademark consultant will guarantee your trademark registration because its entirely an online government process.
So if he says yes, Its a negative sign. If he says no then hes being an honest salesperson. You can trust that company.
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A Cost Of Responding To A Refusal From The Uspto
The cost of responding to a USPTO refusal typically ranges from $1,500-$3,000, depending on the complexity of the legal issue. Responding to a USPTO refusal can be a very difficult and time-intensive process that requires knowledge of all the legal precedents and rules regarding trademark law and prosecution. Our legal services include typically 7-8 hours of legal research, writing, evidence gathering, and drafting of the response. After a legal consultation with the client, Gerben IP files the response and monitors the response process with the USPTO.
Responding to a USPTO refusal can be the most difficult process in the trademark application process and requires extensive legal knowledge and expertise on how to overcome these refusals. Once an applicant files a trademark application, the USPTO will often issue an Office Action and refuse the application, which can be based on a number of different legal issues. For example, if a trademark name is too similar to another registered trademark, the USPTO will refuse it based on a likelihood of confusion.
If the USPTO determines a trademark name is descriptive , the USPTO would refuse it based on descriptiveness. Other types of legal issues include failure to function as a mark, misdescriptive and deceptive marks, genericness, and so on.