Trademark Registration Attorneys

What Are the Differences Between Trademarks, Copyrights and Patents?

As explained above, a trademark is a unique symbol, design, phrase, or word that represents a company’s products or services and enables customers to easily distinguish them from similar items offered by competitors. In contrast, copyrights are another type of intellectual property meant to protect original works of authorship. These can include literature, music, plays, paintings, photographs, movies, and software. A copyright gives its owner the exclusive right to reproduce the work, create derivatives of it, and perform or display the work publicly.

Patents are designed to protect inventions such as machines, processes, and other technological advancements. Once a patent is registered, the patent owner has exclusive rights to make, use, license, or sell their invention. An invention must be novel, useful, and non-obvious in order to be eligible for patent registration with the USPTO.

In short, copyrights are meant to protect original works of authorship, while inventions such as processes or new technology should be protected by a patent. If you are seeking to protect your brand identity assets, such as logos, colors, name, slogan, or any unique visual asset that sets you apart from your competitors, you will probably need to register a trademark. An intellectual property attorney can help you make the right choice to protect your idea and assist you with the steps required for registration with the United States Patent and Trademark Office.

What Are the Steps Required to Register a Trademark With the USPTO?

The registration process for trademarks with the United States Patent and Trademark Office (USPTO) requires multiple steps and careful research before you can even submit your trademark application. First, you will want to verify that the mark you are looking to protect is registrable and the degree of difficulty that may be involved in protecting it once it is registered. Next, you will need to identify the mark format – whether it is a standard character mark, a sound, a stylized, or a design mark – and determine which goods or services the mark will identify.

Before filing, you will want to do a comprehensive trademark search to see if the mark you are hoping to register is already registered by someone else. You will also need to determine your trademark basis for filing. There are four main bases for filing trademark applications – use in commerce, intent to use, foreign registration, and foreign application. Use in commerce means you are already using your mark to sell your goods or services. Intent to use means you have the bona fide intention to use your mark in commerce in the near future. Foreign registration means you already have a trademark for the same assets in a foreign country. Foreign application means you have recently filed for registration of the same mark in another country and are seeking a priority date for your application in the United States.

After you have done your research and completed the steps described above, you may create an online account and begin filling out the application forms on the USPTO website. Once your application is submitted, it will be reviewed by a USPTO officer. This process typically takes several months to complete and may require you to respond to letters from the USPTO called Office Action. The letters may require you to submit supporting documents and correct errors or may be used to notify you that your application has been refused and explain the reasons for the refusal. If your application is refused, you will want to submit a response in a timely manner, or your application will be considered abandoned.

Once registered, it’s the trademark’s owner who is responsible for maintaining the trademark. That means keeping the business operational. It also means that on the tenth anniversary of the trademark approval, the owner needs to submit proof that the mark is still in current use. If that proof isn’t submitted and approved, the trademark can lapse—and other people and businesses can take advantage of that.

Can Someone Keep a Trademark for Future Use?

There are sometimes cases where someone wants to trademark something they’re not yet using or have stopped using but plan to start again in the future. Neither of those scenarios is acceptable to the USPTO. Marks can only have trademarks if they’re currently being used for the business.

If you need assistance applying for, renewing, or learning more about trademarks and the trademark process, call Katie Charleston Law, PC at (463) 223-4943 or contact us online for assistance.