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Trademark Application Questions

What is a trademark application?

A trademark application is a legal document that is filed within the United States Patent and Trademark Office which is known as the USPTO, individuals go to this office in order to register a federal trademark. Even though an individual is not required to hire a legal trademark attorney to stand for them while in the process of filing a trademark application, it is often times highly suggested that the individual does work with a legal trademark attorney in order to make sure that the application is legally organized, turned in accordingly and observed. There are often times errors can occur, these errors can cause major complications when gaining a trademark registration and can often turn into a loss of certain trademark rights in succeeding court cases, and even government filing fees. Also, a trademark attorney can give advice to an individual as to what is in their best interest when filing a trademark application.

How to apply for a trademark application?

There are some different ways to apply for a trademark application one way is to use the Trademark Electronic Application System (TEAS) that is available to anyone at www.uspto.gov/teas/index.html, when doing this the individual will be filing their application strictly over the internet. When doing the online trademark application below is some of the things that the person can be entitled to:

Online Help- when using this website, some people may see some information that is hyper linked, what this means is that the words may be clickable that will direct them to another page with more information.
Validation Function- this feature will help people to stay away from the potential errors of omitting certain important information.
Immediate Reply- when using the USPTO website automatically provides an early filing delivery through the email that includes the designated applications serial number and the outline of the plan.
24 Hour Availability- The Trademark Electronic Application System is offered 24 hours a day, 7 days a week, that is so the delivery of the filing date is available up until midnight eastern standard time.

Another way an individual can apply for a trademark application is either by mailing it in, or delivering it personally.

What is the trademark application fee?

In order to file a trademark application the fee for doing this is around $335.00 for each international class. Even though Congress has passed an edition to the fraud bill in 2004 this does in fact change the trademark application filing fees. The $335.00 filing fee will stay available until the President either signs H.R 4818 into a law or the USPTO takes the appropriate governmental actions that gives the effect of the new fee. After this, the fees for filing a trademark application will be:
$375.00 for each international class for filing a paper application
$325.00 for each international class for filing a electronic application; and
$275.00 for each international class for filing an electronic application that meets the certain requirements to is arranged by the Director.

If someone had filled a trademark application under 1a can they change the filing status to a 1b later in the future?

In order to send a request to change the filing of the trademark application the individual will need to contact the Director in order to allow an attorney to take into consideration of the alteration from being a 1a to a 1b. Keep in mind that in a 1b application, once the individual has filed this statement the individual cannot take back their statement of use. As a result the individual may not be able to change the original starting point from 1a to 1b after the statement of use as already been filed.

If someone has completed the trademark application worksheet and has a jpeg design, what is the next step in order to make sure that their design is protected?

The next step would be for the individual to decide on who will be listed as the owner of the trademark and the certain international classification of the company. The individual should be informed that each international classification does in fact require a separate fee. The trademark application will need to be filed with the United States Patent and Trademark Office and the date that the individual files the registration will need to offer the company the legal protection to the registration if there are no other individuals that is using the mark on that certain date that they filed the trademark. The company then will have 36 months to change the use of the application to a use application so it is serious to request more time every six months from the date that the registration was approved.

When dealing with filing for a trademark application there are many different requirements that apply in order for the application to be legal and be approved. These different requirements may be difficult for someone to understand who has never done this before. There is no better way for someone to be more informed on trademark applications than by the Experts.

Ask an IP Lawyer

Alex Reese
Alex Reese, Lawyer
Category: General
Satisfied Customers: 2740
Experience:  Experienced in intellectual property law
14461494
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Recent Trademark Questions

  • I have a mobile app I'm ready to release in about 2-3 weeks.

    I have a mobile app I'm ready to release in about 2-3 weeks. I was advised by a friend to have it copy righted, something I hadn't thought of. To get the mobile app copy righted, how long does the process take and do I have to wait until the copy right is issued before I can launch my mobile app?
  • I used to do a live youtube show, roughly 57 episodes this

    I used to do a live youtube show, roughly 57 episodes this past year. It was audio, video, and my full name on the show. Since I am no longer on the show, I want to send the owner a letter stating that he does not have my consent to use my name, image, and audio, and demand removal of the videos I am in. Do I have legal grounds to do this? We never signed a contract or agreement.

    He will continue to profit off of ad revenue from the videos I am in as long as the videos are still up.  I do not want him damaging my public image by still being connect to the show.

    I live in NJ and he lives in NY.

    Can a letter be constructed for me?  Also, if he doesn't remove the letter, can we contact youtube to file a claim against him stating he is not authorized to use me?

  • Socrateaser, thank you for clearly explaining possible

    Socrateaser, thank you for clearly explaining possible trademark issues on my previous question. If the names of the companies cannot be trademarked as you mentioned, could they be servicemarked. Are there potential issues with trademark or service mark
    in the future that we should be aware of as our two businesses exist at this time?
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