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| | | | TRADEMARK REGISTRATION SERVICES Trademarks are Crucial for the Protection of your Business Identity. Without Trademark protection, anyone could copy or mimic your identity and capitalize on your efforts. The purpose of Trademark registration to to protect your commercial rights now and in the future. Trademark registration not only protects your exact company name, logo or product name, but any name or design that is remotely similar to that company name, logo or product name. Many business' can lose enormous revenue for failing to file a trademark on a product name. Protect your business by filing Trademarks and Servicemarks on your company name, logo's, product names, domain names and slogans on a national level with National Business Incorporators, Inc. trademark registration service. A trademark or servicemark arises in one of two ways:
A trademark application can be filed for the actual use of a trademark (use application) or an intent to use the trademark in the future (intent to use application). A trademark identifies a product whereas a Servicemark identifies a service. When a trademark or servicemark is used in commerce and claimed as such by the owner a ''TM'' is placed after the word, name, slogan or logo. A trademark TM or servicemark SM can be used without any filing or registration with the U.S. Patent & Trademark office. If a trademark application has been filed in the US Patent & Trademark office in Washington, D.C. and that application has been accepted and granted, the owner of the mark replaces the traditional "TM" with a ® which indicates that the mark has been registered and the owner is claiming absolute right and title to that trademark or servicemark. The symbol ® cannot be used at all unless the trademark is actually issued to the owner. If the trademark is not already filed, this registration process usually takes approximately nine (9) to twelve (12) months after the initial application is filed with the US Patent & Trademark Office. Please contact National Business
Incorporators, Inc. directly National Business Incorporators,
Inc.
TM This symbol is internationally recognized to claim a trademark on any word, name, logo, design or slogan with reference to a product. This symbol is used to represent that either an individual or entity is claiming a trademark on the latter or that an individual or entity is claiming a trademark on the latter and a trademark application has been filed with the US Patent & Trademark Office in Washington, DC and is awaiting registration. SM This symbol is internationally recognized to claim a servicemark on any word, name, logo, design or slogan with reference to a service. This symbol is used to represent that either an individual or entity is claiming a servicemark on the latter or that an individual or entity is claiming a servicemark on the latter and a servicemark application has been filed with the US Patent & Trademark Office in Washington, DC and is awaiting registration. ® This symbol is internationally recognized an confirms registration of either a trademark or servicemark on any word, name, logo, design or slogan. The registration symbol puts the world on notice that the word, name, logo, design or slogan is officially registered to an individual or entity and that it has been used in commerce for a period of time. US Patent & Trademark Office This office of the United States federal government is located in Washington, DC and is the centralized office for which all trademarks, servicemarks and patents are filed and indexed. The office is also known as the "PTO". Trademark Search A applicant is not required to conduct any search for conflicting trademarks but runs the risk of having his or her application denied. A trademark search is performed for evidence of same or similar trademarks which might conflict with the contemplated application. The trademark search usually informs the applicant if he or she should waste his time or not in the lengthy trademark application process. The US Patent & Trademark Office does not and will not perform a search for conflicting trademarks unless there is a pending application with it. Trademark searches prior to application must be done by a private service or an attorney. Use Application This application is filed with the US Patent & Trademark Office when the name, word, logo, design or slogan is currently being used in commerce. The application details the first use of the trademark by date and type of publication or use. Since the trademark is being used in commerce it is eligible for registration. Intent to Use Application This application is filed with the US Patent & Trademark Office when the name, word, logo, design or slogan is anticipated being used in commerce. The application details the anticipated first use of the trademark and allows the applicant time to begin using the trademark in commerce and protection until he does so. Once the trademark is used in commerce it will be eligible for registration. Interstate Commerce This is the operation of business between one state and another. Generally, when an individual or entity operates a business in one state and sells, delivers or causes its goods, products or services to cross state lines and are received in other states. Intrastate Commerce This is the operation of business wholly within one state. Generally, when an individual or entity operates a business within one state and sells, delivers or causes its goods, products or services to remain within the same state. Common Law Trademark Whereby the "First Person" to use a name, word, logo, design, or slogan in commerce has priority over any other person regardless whether the trademark has been registered or not by that person. It is possible that the first person could be using the trademark and the second person comes along and uses the same trademark and the second person files for trademark registration. The second person could lose the right to use the trademark regardless of the fact that he has trademark registration as long as the first person can prove that he was using the trademark in commerce prior to the second person. This example is rare and causes difficulty in proving first use if the trade is unfiled. Therefore, to protect a trademark, registration of the trademark is suggested. Notice of Publication This occurs at the US Patent & Trademark Office approximately six (6) months after the filing of the trademark Use application and review by an examination attorney at the US Patent & Trademark Office and it is determined that there are no conflicting trademarks that are already filed or pending. The trademark is published in the Official Gazette, a weekly publication at the US Patent & Trademark Office. If a thirdparty believes that he will be damaged by the final registration of the mark has thirty (30) days to file an Opposition to Registration to the Trademark. If no opposition is filed, the US Patent & Trademark Office will issue a certificate of registration for the trademark. Notice of Allowance This occurs at the US Patent & Trademark Office approximately six (6) months after the filing of the trademark Intent to Use application and review by an examination attorney at the US Patent & Trademark Office and it is determined that there are no conflicting trademarks that are already filed or pending. The trademark is published in the Official Gazette, a weekly publication at the US Patent & Trademark Office. If a third party believes that he will be damaged by the final registration of the mark has thirty (30) days to file an Opposition to Registration to the Trademark. If no opposition is filed, the US Patent & Trademark Office will issue a Notice of Allowance. Then the applicant will have six (6) months to file a statement of use or an extension to file a statement of use. If a statement of use is filed, the US Patent & Trademark Office will issue a certificate of registration of the trademark. Certificate of Registration A certificate of registration is the document issued from the US Patent & Trademark Office when a Trademark has been searched, published, indexed and issued. The certificate of registration is the official document which indicates to the applicant that the trademark he or she is using is now registered to him or her and no one else. Trademark Infringement This occurs when one individual or entity uses a trademark of another individual or entity in commerce, without permission or a likeness or altered design, slogan, word or name of an individual or entity whereby a third party is easily confused to believe it is the trademarked product or service of the registered owner of the trademark when it is not. The majority of the trademark infringement cases involve the likeness or altered design, slogan, word or name of another who already has registration of the trademark and prior use in commerce. In reality, a trademark infringement case could and usually do cost in excess of $50,000.00 in attorney and expert fees to resolve and even more if a large company with deep pockets is involved.
National Business Incorporators, Inc.
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