Have you ever had a product or service that you were proud of and wanted others to know it was you behind it? Well if you have, then having a trademark is the answer to that question. A trademark identifies and distinguishes the product or service of one seller or provider from another. A trademark can range from many different things, including a brand name, word, name, symbol, device, or any combination of these. Also the owner of a trademark can be an individual or a business. The trademark process may be a lengthy process, but the benefits of having a trademark will be worth it. The trademarks that will be focused on are NFL trademarks. The NFL ...view middle of the document...
If someone uses your trademark without your approval, then you may take legal action. However, in the United States, legal action can be taken to protect an unregistered trademark if it is in use. An unregistered trademark has less protection then that of a registered trademark.
Acquiring a trademark in the United States, all you need to do is be the first to use it in trade and make continuous use of the mark thereafter. When in business protecting your assets and intellectual property acquiring a trademark is very important. A trademark registration process is a lengthy process and takes anywhere from a year to several years. According to the United States Patent and Trademark Office (USPTO), there are 19 steps to follow when acquiring and registering for a trademark. “Every trademark application must have a legal basis for filing. The filing bases under federal trademark law are: Section 1(a) Use; Section 1(b) Intent-to-Use; Section 44(d) Foreign application; Section 44(e) Foreign registration; and Section 66(a) Madrid Protocol.”
The following 19 steps are what it takes to attain a trademark. This will be a brief overview of each step, however there is more information in each step. The first seven steps are the initial steps of the process. Step 1 is to determine whether you need a trademark, patent, or copyright protection. Each of these are different and protect and require different steps. Step 2 is to determine if you need a trademark attorney. Step 3 is to identify your mark format. An example of mark format is a standard character mark. Step 4 is to identify what the goods and/or services that the trademark will cover. Step 5 is to search the USPTO database to check if your trademark is not being used already. Step 6 is to identify the proper basis for filing a trademark application. Step 7 is to file the application online through the Trademark Electronic Application System.
Steps 8 -19 are the steps when the trademark gets reviewed to obtaining and keeping your trademark going. Step 8 is the USPTO will review your application. They will check to see if it complies with all applicable rules and statutes. Steps 9 and 10 have to deal with a trademark that wont be registered. Step 11 is the USPTO will publish the trademark. Step 12 is the “Registration Certificate Issues for Applications Based on Use, Foreign Registrations, and International Registrations”. Step 13 is the “Notice of Allowance Issues for Marks Based on an Intent-to-Use the Mark”. Step 14 is the applicant will file its statement of the use of the trademark. Step 15 is if the applicant doesn't file the trademark will be invalid. Step 16 the USPTO will review the statement of use by the applicant and make sure its within the law. Step 17 a certificate is issued. Step 18 is to make sure you monitor your status. The last step is to protect your rights. It is your responsibility to enforce your rights.
Although it is a lengthy process and there are many...