Can I Register A Trademark By Myself?

Trademark is necessary to ensure that there would be no legal conflicts, such as plagiarism, to occur in the future. Having a trademark is your assurance that your brand or company is uniquely yours. You may register your own trademark application if you are an American citizen or if your firm is based in the United States.

 

Although it still would be best to work with an attorney handling the paperwork for your Boston trademark registration

 

Doing it on your own

 

While it is feasible to submit a trademark application without the help of a trademark attorney, the intricacies of the procedure and countless potential for mistakes are better avoided.

 

Having a trademark attorney on your side could very well help you secure a valuable asset for your business.

 

From sophisticated trademark search engines that assess your mark’s likelihood of registration to qualified support in reacting to issued Office Actions, your lawyer got you covered.

 

Plus, your company’s intellectual property portfolio is an investment, therefore having an expert trademark attorney on your side may help ensure that your application is successful.

 

What are the steps?

 

Step 1: Identify what you want.

 

Make a list of the trademarks you want to register. Choose a standard form and keep with it if the trademark is merely text.

 

Draw an apparent, extensive depiction of the trademark in dispute if it involves visuals.

 

You may register a trademark that you currently use commercially and one that you haven’t used yet.

 

Step 2: Consider your options

 

Ascertain that a trademark, rather than another kind of intellectual property registration such as copyright, is required.

 

A trademark refers to a phrase, symbol, design, or word that identifies and distinguishes the source of one party’s goods from its competitors, as stated by the United States Patent and Trademark Office (USPTO).

 

Company or product names, marketing slogans, mascots, and brands are all examples of trademarks.

 

Step 3: Research

 

Determine what products or services the trademark symbolizes. A trademark, as the name implies, must allude to the specifics of your firm. You can’t use it for just about anything.

 

Then, to verify if your trademark isn’t already in use by someone else, look it up in the USPTO database. You can’t utilize a trademark that already exists.

 

Step 4: Monitor your status

 

To find out what information you need to supply, go to the USPTO website and download the trademark application form.

 

Collect the information, fill out the application, and send it to the USPTO through mail or online. After that, pay the application fee, which could be $200 to $400 per trademark as of 2012.

 

If it is refused, get legal advice from a trademark attorney before proceeding.

 

What happens next?

 

Your application will be published on the Official Gazette for 30 days once the examining attorney approves it.

 

Any party may register an objection to the mark’s registration during this period if it believes it would cause damage. If a conflict arises, it will be settled in a court-like environment.

 

Once no opposition is filed, the USPTO will register your use-based application and provide you a certificate of registration.

 

Keep in mind that once the publishing time has expired, registration may take many months.

 

The department would release a Notice of Allowance when a request for intent to use has been filed, obliging you to display proof that the law recognizes the trademark.

 

Conclusion

 

You may perform several steps in the trademark application writing and filing procedure without the help of a trademark attorney.

 

However, if you’re new to the system, gathering, organizing, structuring, and submitting much of the information accurately may take some time.

 

For a non-lawyer, more technical trademarks are more difficult to be granted the first time. It may be challenging to respond to an office action efficiently without the aid of a lawyer. Therefore we recommend paying a visit to your local legal company.




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