Reading: How to Copyright My Product Name
Copyrights vs. Trademarks
It is not potential to copyright a merchandise name. Copyrights protect creative works like novels, illustrations and nowadays, coding for works like video recording games. A trademark, on the other hand, protects words, phrases, slogans, symbols and names. Copyrights are granted automatically when a exercise is created. Although a godhead can register to copyright his influence with the United States Patent and Trademark Office ( USPTO ), to obtain an extra layer of protection against misuse, this footfall is not necessary for intellectual property protection. however, registering a trademark for a merchandise name or tagline is.
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Applying for a Trademark
Trademarks are issued by the USPTO. When a brand is issued, it exists for 10 years. When the 10-year term is close to ending, the entrepreneur can choose to renew his trademark for another 10 years. During a 10-year trademark period, the USPTO does not remind the hallmark holder how much longer it will be in effect. In fact, the trademark holder must file an affidavit with the USPTO state that the hallmark is still in use between the fifth and one-sixth year of the period to avoid it being terminated prematurely. once a product name is trademarked, it is the only product permitted to have that diagnose. Generally, entrepreneurs looking to trademark product names determine multiple applicable names for their products before moving forward with applying for a trademark because if one mention is already taken, they can easily go with another one. An entrepreneur can besides look through the brand database on the USPTO ’ s web site to check if the name she is considering trademarking has already been taken.
Fees for Trademark Applications
The fee for a trademark lotion is $ 225, $ 275 or $ 400, depending on the requirements the entrepreneur has for her trademark. The application could besides be topic to extra fees if there are extra needs associated with it, like an cover period of time to show that the mark is in practice.
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Completing the Trademark Process
In total, the hallmark process typically takes between 12 to 18 months to complete. It begins with the filer completing his lotion on the USPTO ’ s web site. The mark may be in use at this point, but it does not have to be. Between three and six months after receiving the application, the USPTO examines the application to determine whether it meets federal requirements for brand protection. After examining the lotion, the USPTO either accepts the hallmark or issues an agency action, which means there are issues the filer needs to correct before the application can be approved. If there are no issues with the application, the USPTO issues an application for Opposition, which invites any others who feel the proposed trademark infringes on their own trademarks to make their opposition known. If no early parties oppose the hallmark, it is approved and registered. If the USPTO finds problems with the application during the examination period, the file clerk may correct the problems and answer to the USPTO to keep the application clear. Once the application is free of problems, it moves forward through the Application to Opposition stage and then, if there are no oppositions, to registration. Upon receiving the Certificate of Registration for his brand, the brand holder is tasked with maintaining it according to USPTO regulations.
Read More: How To Trademark Something
