Trademark

Overview

A word, design, or symbol that is used to identify the owner of the good or service is called as trademark. These trademarks mostly stand to represent the source of the good and not the product.

How it Works

There are two different trademarks: TM trademark and a registered trademark. The major difference between the two is that the TM trademark requires no formal application with the United States Patent and Trademark Office, whereas the registered trademark does.
You are required to submit an application to the USPTO for obtaining a registered trademark. You can also apply online by the United States Trademark and Patent Office or just call and request them to send you the application through mail. Once you have submitted your application, there is a legal and procedural review of the application. If the application is accepted, the USPTO would publish a notice and hold it for 30 days. If there are no objections regarding the validity of the application or the rights to use the trademark during that period, then a certificate of registration or a notice of allowance will be issued.
The approval of the trademarks is possible only through the USPTO. An agent or attorney may help you out through the process of registering for a trademark and they have the necessary forms too, but the certificate can be issued only by the United States Patent and Trademark Office.

Benefits

It is not necessary to obtain a trademark; however, it benefits the owners in a lot of ways. It is made known to the public that the particular person is the owner of the mark. So, the registrant now legally owns the goods and services and has complete rights over the mark. If anyone violates the rights of usage of the trademark, you can take action against them legally.

Costs

The United States Patent and Trademark Office website gives you all the details about the fees for registering for trademark. The process requires quite a huge amount of money and it is, therefore, advisable that you get prepared before you begin the process of registering. The sum total of all of your fees will be roughly around $1,000.

Timing

There is no fixed time when you must apply for a trademark. However, if you are planning to use one, it is better if you apply for one as early as possible. If you do not register at the earliest, there are chances that someone else would use your mark and you can take no action against them until you have registered it.