How many specimens are needed for a trademark application?
SPECIMEN REQUIREMENTS FOR TRADEMARK AND SERVICE MARK APPLICATIONS. Every federal application for registration of a trademark or service mark includes a requirement for submission of at least one “specimen” showing appropriate use of the mark in commerce.
What are you not allowed to trademark?
Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.
What can and Cannot be protected by trademark?
Trademark Basics Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.
What makes a trademark invalid?
Generally, there are four reasons invalidation of a registered extension of protection to the United States may occur: (1) cancellation proceedings instituted by a third party before the Trademark Trial and Appeal Board; (2) order of a federal court of the United States; (3) failure to file an acceptable §71 affidavit …
How do you prove a trademark?
Proof of use is evidence that clearly shows how you are using your mark in commerce on the identified goods or in connection with the services in your registration. Examples for goods: Photographs that show the mark on a tag or label affixed to the goods.
What is an acceptable trademark specimen?
An acceptable specimen must: Be a real example of how you use your trademark in commerce in providing your goods or services (not a mock up, printer’s proof, digitally altered image, rendering of intended packaging, or draft of a website that shows how your mark might appear).
How hard is it to get a trademark?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
Can you use TM if not trademarked?
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble.
What do I do if someone is using my trademark?
If the person or entity receives your letter and continues to use your trademark, it’s time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.
What can I do if someone is using my business name?
If someone new starts using your name, contact the city or county office you registered with. It may be the new business hasn’t registered its DBA. In that case, the county can inform the company it’s violating the law.
When do you need a specimen for a trademark?
It’s what consumers see when they are considering whether to purchase the goods or services you provide in connection with your trademark. For goods, a specimen shows your trademark as actually used in commerce with your existing goods in a way that directly associates the trademark with the goods.
Do you need a specimen to register a mark?
If your application is based on a foreign application or registration, or you filed under the Madrid Protocol, you are not required to submit a specimen in order to register your mark. However, all registrants are required to submit specimens at required intervals to maintain their registrations.
When to register a trademark with the USPTO?
Once you determine that the type of protection you need is, in fact, trademark protection, then selecting a mark is the very first step in the overall application/registration process. This must be done with thought and care, because not every mark is registrable with the USPTO. Nor is every mark legally protectable.
How to show an example of a trademark?
Show a real example of trademark use in commerce (i.e. no printer’s proofs, mockups or altered images). Show use directly related to the goods and services you mention in your application. Match the trademark exactly. Be shown in a way that allows consumers to view it as a source indicator. Include the date and URL address for webpages.