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Five Steps to Obtaining a Trademark
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The Five Steps To Obtaining A Trademark By Doug Bend, Esq. for The Job Search Advisor
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Five Steps to obtaining a Trademark for the small business owner and entrepreneur.
Transcript of Five Steps to Obtaining a Trademark
The Five Steps To Obtaining A Trademark
By Doug Bend, Esq. for
The Job Search Advisor
Word, Phrase, Symbol or Design
Or Combination of Any Two
Identify the source of products and services.
Distinguish one business from another.
Source: US Patent Office
WHAT IS A TRADEMARK?
Protect the name, identity and intellectual property of your business.
Guarantee exclusive use of your business name.
Establish legally your business name is not already in use.
Why Do You Need a Trademark?
Yes! Eliminates confusion in the mind of the consumer.
Defines which business provides what goods, products and services.
Your business name becomes associated with what you do.
Does My Business Need a ‘TM’?
A Trademark is often the most important investment in protecting the intellectual property of your business.
Obtaining a Trademark involves the following Five Steps
THE PROCESS
Search For Conflicting Trademarks
Search the US Patent & Trademark Office website for any already registered conflicting Trademarks.
http://www.uspto.gov/trademarks/index.jsp Work with an attorney to run a more comprehensive search.
STEP I
If your application is rejected due to a conflict with an existing Trademark, filing fees will not be refunded.
An unregistered Trademark may own superior Intellectual Property rights if the TM was in use prior to your Trademark application date.
SEARCH FOR CONFLICTING TMs
Date Of First Use
Begin application process once your research confirms no conflicting Trademarks exist.
USPTO TM Application Requires:
Date of First Use of Trademark In Commerce Anywhere.
Include the date you first used the Trademark "in commerce anywhere.”
Step II
USPTO Trademark Application also Requires:
Date of First Use in Interstate or Foreign Commerce.
Include the date you first used the Trademark in interstate commerce or commerce with a foreign country.
DATE OF FIRST USE
Trademark “Specimen”
The Trademark Application requires a Trademark “specimen”.
Demonstrates how you will use your Trademark in commerce.
Verifies category of goods or services for which you are applying for the Trademark.
STEP III
Class Of Goods and Services
Select the class of goods or services that apply to register your Trademark.
Be strategic in selecting the class of goods or services to register the Trademark.
Additional filing fees are exacted for each class of goods or services under which your Trademark is registered.
STEP IV
Contact Address
Include your contact business address for the Trademark registration.
You want customers to find you, but
Remember: Anyone can view your TM address with a search on the U.S. Patent and Trademark Office’s website once your Trademark application has been filed.
STEP V
A registered Trademark distinguishes ‘The Job Search Advisor’ as a provider of resume, bio, and LinkedIn Profile writing services to a unique market niche.
No infringement on the business name(s) of my colleagues.
A Trademark will also protect my work as an author, speaker and presenter.
WHY?
Contact Doug Bend and his staff at (415) 633-6841, [email protected] for Trademark Application assistance.
Contact The Job Search AdvisorMarcia Hancock, (650) 393-9616 [email protected] for resume, bio, LinkedIn Profile support to make you and your business more visible.
YOUR TM IS OFFICIAL!
This article discusses general legal issues, but it does not constitute legal advice in any respect. No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. Bend Law Group, PC expressly disclaims all liability in respect of any actions taken or not taken based on any contents of this article.
Disclaimer
