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- The Lanham Act governs trademarks in the United States. This law states that a trademark has to be used in commerce, or that you must intend to use it in commerce, and that the trademark must be distinctive. When you register a trademark, you gain legal protection for that mark.
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Mar 31, 2021 · What is a trademark? Trademark, patent, or copyright. Trademark examples. Scope of protection. Strong trademarks. Why register your trademark? Online trademark tools. Understanding the process. Do I need an attorney? How long does it take to register? Checking status. Examination of your application. Approval for publication.
- What is a Trademark
A trademark can be any word, phrase, symbol, design, or a...
- How Long Does It Take to Register
Learning about each stage in the process will help you...
- Trademark, Patent, Or Copyright
DISCLAIMER: References to particular trademarks, service...
- Why Register Your Trademark
For example, you must file a maintenance document after your...
- Approval for Publication
Instead, we will issue you a Notice of Allowance, which...
- How Much Does It Cost
For example, if you’re filing a TEAS Standard initial...
- Online Trademark Tools
If you don’t have an account, you can create one for free....
- Checking Status
You can check the current processing wait times to find out...
- Scope of Protection
By being specific about the goods or services your trademark...
- What is a Trademark
Trademarks have attracted renewed attention since the U.S. Supreme Court decided two cases regarding the main federal trademark law, the Lanham Act, 15 U.S.C. §§ 1051 et seq., in June 2023 and agreed to hear a third such case in its 2023–2024 term. This In Focus provides an overview of U.S. trademark law.
- USPTO Publishes Mark
- Registration Certificate Issues For Applications Based on Use
- Notice of Allowance Issues For Applications Based on An Intent to Use The Mark
- Applicant Files Timely Statement of Use Or Extension Request
- Applicant Does Not File Timely Statement of Use Or Extension Request
- USPTO Reviews Statement of Use
- Applicant’S Response Fails to Overcome All Objections
If the examining attorney raises no objections to registration, or if you overcome all objections, the examining attorney will approve the mark for publication in the "Official Gazette," a weekly publication of the USPTO. The USPTO will send you a notice of publication stating the date of publication. After the mark is published in the "Official Ga...
If the mark is based on use in commerce, a foreign registration, or an extension of protection of an international registration to the United States under Section 66(a), and no party files an opposition or request to extend the time to oppose, the USPTO will register the mark and send the owner a certificate of registration. After the mark register...
If the mark is published based upon the applicant's bona fide intention to use the mark in commerce and no party files either an opposition or request to extend the time to oppose, the USPTO will issue a notice of allowance about eight weeks after the date the mark was published. The applicant then has six months from the date of the notice of allo...
The applicant has six months from the mailing date of the notice of allowance in which to either file a statement of use (SOU) or file an extension request. More than one extension request may be filed, but a limit exists on the total number of extension requests permitted and the timeframe that they must be submitted within. Please review the addi...
If the applicant does not file a statement of use or extension request within six months from the date the notice of allowance issued, the application is abandoned(no longer pending/under consideration for approval). To continue the application process, the applicant must file a petition to revive the application within two months of the abandonmen...
A statement of use (SOU) must meet minimum filing requirementsbefore an examining attorney fully reviews it. If the SOU does meet the minimum filing requirements, then the examining attorney reviews it to determine whether it is acceptable to permit registration. Submission of an SOU does not guarantee registration. You may not withdraw the SOU and...
If your response does not overcome all objections, the examining attorney will issue a final refusal office action. If you disagree with the final refusal, you may, for an additional fee, appeal the decision to the TTAB.
§ 31 by the Act of July 24, 1965, Public Law 89-83, 79 Stat. 260; to § 29 and the terms “Patent Office” and “Commissioner of Patents” by the Act of January 2, 1975, Public Law 93-596, 88 Stat. 1949; to §§ 13, 21 and 35 by the Act of January 2, 1975, Public Law 93-600, 88 Stat. 1955; to
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Feb 14, 2019 · Once you own a trademark registration, you must do a few important things to maintain that registration and keep it alive. First, you must use your trademark in commerce. Additionally, you must file certain documents at regular intervals to show that you're continuing to use your trademark.
Apr 2, 2024 · Legal resources. What is Trademark Law? Brush up on the federal and state laws that govern branding. By Super Lawyers staff | Reviewed by Canaan Suitt, J.D. | Last updated on April 2, 2024. Use these links to jump to different sections: Trademark Law – What You Need to Know.
