如何申请Trademark

发表于11/01/2016由9dream

Five Methods:Deciding to File for a TrademarkPreparing to Register Your TrademarkStarting Your Trademark RegistrationCompleting the TEAS PLUS ApplicationProcessing Your Trademark RegistrationCommunity Q&A

A trademark identifies your goods and services to your customers. It can be a logo or a name as long as it is distinctive and connects the product to your business. The only requirements are that you are using it in commerce and that it is not so similar to someone else’s trademark that customers could be confused. If you can meet the basic requirements, you don’t need an attorney to register your trademark with the United States Patent and Trademark Office (USPTO).

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How to Register a Trademark Without an Attorney

Five Methods:Deciding to File for a TrademarkPreparing to Register Your TrademarkStarting Your Trademark RegistrationCompleting the TEAS PLUS ApplicationProcessing Your Trademark RegistrationCommunity Q&A

A trademark identifies your goods and services to your customers. It can be a logo or a name as long as it is distinctive and connects the product to your business. The only requirements are that you are using it in commerce and that it is not so similar to someone else’s trademark that customers could be confused. If you can meet the basic requirements, you don’t need an attorney to register your trademark with the United States Patent and Trademark Office (USPTO).

Method 1

Deciding to File for a Trademark

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    Determine if it is a trademark. Your trademark is what sets your goods and services apart from your competitors.[1] Think “Pepsi”, “Google”, or the distinctive Golden Arches. A good trademark is strong and distinctive and doesn’t just describe your product, it evokes it. For example, if you make candy, calling your fudge “sweet and chocolately,” is not a trademark. It is too generic and doesn’t separate your fudge from any other. The words are merely descriptive. Conversely, “Grandma Mary’s Supreme Fudge,” has the makings of a strong and distinctive mark.[2]
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    Search for duplicate trademarks. No matter how clever your trademark is, it will be denied registration if it is too similar to another trademark in use for comparable products. The USPTO has an online database called “Trademark Electronic Search System” or TESS.[3]

    • If you find “Grandma Mary’s Heavenly Divinity,” or even “Aunt Mary’s Candy Shoppe,” it is likely that the USPTO attorney will deny your registration as being confusingly similar. You may want to rethink your trademark or incorporate it into a logo that is unique and distinctive.[4]
    • If you have any doubts about the validity of your trademark, consider consulting with an intellectual property attorney. She can advise you about the strength of the mark and assist with searching for duplicate or confusingly similar marks. Most IP attorneys will consult on an hourly fee basis. Expect to pay around $150 per hour.
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    Decide how you are going to display your trademark. In order to be a trademark that can be registered, it must be affixed and associated with your goods. The key is determining how you will be putting your trademark into the “stream of commerce.”[5]

    • The easiest way to use your trademark in commerce is to label the goods that you sell. Nothing fancy is needed, labels made on your printer will suffice as you are getting started. Other uses to go along with your labels are business cards, flyers, signs, uniform patches, and display on your website.

Method 2

Preparing to Register Your Trademark

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    Establish your email address. In order to expedite your registration and save on fees, you will need an email address for correspondence with USPTO. This email will be part of the public record. Create a separate professional email address such as [yourbusinessname]trademark@[service such as gmail].com. Save personal non-professional email addresses, like funnybunny@yahoo.com for your friends and family.
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    Format your trademark. Before you submit your online registration application to the USPTO, you must format and describe your mark. There are three main categories of trademarks: standard character marks, stylized marks, and design marks.

    • A standard character mark, also called a word mark, is one or more words that make up your trademark. For example, “Grandma Mary’s Supreme Fudge,” will be a standard character mark if it doesn’t require any particular font or other design flair. With this type of mark, you do not have to create an image file, you will type it into a blank in the registration application.[6]
    • Stylized marks are groups of one or more words done in a fancy font or other graphic representation. If you want “Grandma Mary’s Supreme Fudge” in a fanciful font or in color, it will be a stylized mark. You will need to create an image file of your stylized trademark in JPG format to submit with your application.[7]
    • Logos are examples of design marks. Your JPG image file must show the entire logo with the colors, fonts, and other design elements exactly how they will appear on your products. You can’t submit pencil sketches or conceptual art. It must be finished.[8]
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    Create your image file. You can use any photo editing software to create your image file. It must be in JPG format. The trademark application requires that the image be between 250 and 944 pixels on any side. The image file cannot exceed 5 megabytes.[9] If you are using a photograph of your trademark in use on an actual product, you can scan the photo to create the image file or many photo processing businesses will create the digital file for a small fee.
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    Identify your goods and services. Trademark registration uses a class system. You will need to be able to fit your products into one or more of the standard USPTO classes. The trademark website has a database where you can enter search terms to discover the correct class. For example, searching “FUDGE” yields a result that you will be filing your trademark in Class 030.[10]
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    Determine your filing basis. In order for a trademark to be valid, it must be used in commerce. However, USPTO also lets you “reserve” your trademark while you are starting your business. If you are already selling your goods and using the trademark, you will file as “use in commerce.” If you aren’t ready yet, you can file as “intent to use” (ITU). An ITU registration will require additional forms and fees to convert it to a regular trademark.[11]
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    Create your specimen. As part of your application, you have to show how you will be using the trademark. The specimen is a JPG file that can either be a photo of your product showing the trademark or a digital file of a tag, label, packaging, or sign.[12]
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    Calculate your fee and payment method. Fees to apply to register a mark that is in use in commerce range from $225 to $325 for each class, depending on the method you use. The least expensive way to file is to use the USPTO online application and standardized classes.[13]

    • If you are filing an ITU registration, there will be an additional fee of $100 to convert the ITU status to use in commerce.
    • If your trademark and usage does not conform to the expedited electronic application, you should strongly consider consulting with an IP attorney before registration. USPTO fees are not refundable.
    • Fees are typically paid by debit or credit card. All fees must be paid in U.S. dollars.

Method 3

Starting Your Trademark Registration

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    Schedule a time to file the registration. Find an uninterrupted time to complete the application. Once you access the system, you will have 60 minutes to complete the forms. There will be opportunities to extend that time, but if it expires, you will have to start over.
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    Access the Trademark Electronic Application System (TEAS).[14] This is the public record application system where you will fill out the forms to apply to register your trademark. For a new trademark, you will select “Initial Application Form.”

    • Read all of the warnings and FAQs concerning personal information.[15]
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    Choose the TEAS PLUS application.[16] This is the expedited online application that will work for most registrations. If you have your image files and filing classes established beforehand, you can save up to $100 per registration.

    • You can preview the TEAS PLUS application to verify that you are ready to file.[17] This is a sample for reference only, not for printing or filing.

Method 4

Completing the TEAS PLUS Application

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    Designate the owner of the trademark. If you are the sole proprietor of the business, you can list yourself as the owner of the trademark. If your business is an LLC or corporation, you can show the business as the owner of the trademark.

    • If you register it in your name, you can use the trademark in different businesses without changing the registration. If you register it to the business, you can include the trademark as a business asset. If you have any questions about which to choose, consult with an attorney.
    • If there is more than one owner, click the “add owner” button at the bottom of the page.
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    Complete the business and contact information. All the starred sections are required. If you leave anything blank, the application will yield an error message when you try to submit it.
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    Provide information about the trademark. You will identify your mark as either a character mark (text only, no image file) or a special form (stylized or design with image file.) If you are registering a special form, this is where you will attach the image file.

    • If your registration is for a special form mark, you will need to add a brief description of the mark. For example, “The words Grandma Mary’s Supreme Fudge in a circle around a rocking chair.”
    • Complete the “Additional Statement” section. This is a series of questions about your mark such as translation of foreign words or if you have the consent of any living people shown or named in the trademark. For example, if Grandma Mary is a real person, you are swearing that you have consent to use the name.
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    Choose your trademark class. You pay the $225 fee for each trademark class. Unless your business is well-developed, you should consider restricting your application to the one class that best identifies your product. For example, for “Grandma Mary’s Supreme Fudge,” the best class is 030, which covers “fudge” or “candy.”

    • Designate if your application is Section 1(a) meaning you are actively using the mark in commerce or Section 1(b) meaning that you intend to use the trademark in the future.
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    Attach your specimen. This is not the same image file as you attached to show your mark. This is a photo or graphic design file of the actual tag, sign, or packaging that shows your trademark in use on your product.
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    Identify the correspondence information. This is the contact person, mailing address, and email address that will be the official point of contact for the trademark both during and after the registration.

    • To qualify for the reduced fee, you must provide an email address and authorize communication with USPTO via this email address.
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    Review and validate the application. After you affix your electronic signature, you will have the chance to review your application. Double check that all the blanks are filled in and the image files are attached. If you need to change anything, use the “Go Back and Modify” buttons at the bottom of the page.

    • You will enter your email address to confirm the contents of the application and validate it for submission.
    • Use the “Pay and Submit” button at the bottom of the page to complete your application.
    • You will receive a confirmation and payment receipt by email within 24 hours.

Method 5

Processing Your Trademark Registration

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    Track your application status. It may take up to a week for your application to show up in the Trademark Status & Document Retrieval System (TDSR). Once it is active, you will be able to track the status of your application.

    • It will take about 90 days for your application to be assigned to a reviewing attorney.[18]
    • If the attorney has an issue with your application or needs additional information, you will receive a letter by email. The letter will detail the issue and give you a deadline to reply.
    • If you have any questions about the letter, contact the USPTO attorney for clarification. You must meet the deadline or your application may be dismissed as abandoned.
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    Review the Trademark publication. Once your application is reviewed, corrected, and deemed complete, your mark will be published in the Federal Register. This is notice to the public that you are claiming the trademark. Publication lasts for three consecutive months.

    • If someone files an objection to your trademark, consult with an attorney about your options.
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    Receive your registration. At the end of the publication period, you will be assigned a registration number and receive a formal certificate of registration by mail. This registration is valid for the entire time your use the trademark in commerce. However, at the end of five years, you must file a Section 8 declaration that you are still using the trademark.[19]
 原文：http://www.wikihow.com/Register-a-Trademark-Without-an-Attorney
品牌查询： http://tmsearch.uspto.gov
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