Trademark

US Trademark – paperwork preparation

When filing a US trademark there are certain documents and information that that need to be acquired before filing an application. This is important as false information could invalidate your trademark application.

The following documents and information are necessary:

  1. Business registration

If you are applying for your trademark under your business name, the certificate of registration must be shown to show it is a registered business with that name. If you are claiming an entity with your business this must be provided in the business registration documents. These prove the actual existence of your company. If you are applying as an individual, your Identification is required in the form of a passport or drivers license.

These documents are required to show that the applicant is real person or company rather than a made up person which will cancel your trademark. From these documents, your name and country of residence can be acquired.

  1. Specimens

Specimens are not mandatory to file a trademark application. Specimens are pieces of evidence which show that you are using your trademark in business. For example, a photo of your product or social media which shows you are advertising your applied for mark. Dates will also need to be furnished of when the mark was first used in the US and anywhere other than the US. Full dates with day, month and year are required.

If the applicant does not have either of the above specimens, their application can still be filed They will need to produce evidence of use in commerce to the United States Patent Trademark Office after publication of the trademark.

  • Mark jpg file

An attachment of your mark is required if you have stylized wording. For example, if you have a logo, it needs to be sent to the USPTO as a JPG file. Any other formats will be not accepted. The logo must be on a white background and clear.

  1. Colors of trademark

If you would like to claim specific colors as part of your trademark and they are on your logo these must be specified. Alternatively, you may decide to have a black and white trademark with no color claim.

  1. Trademark classification number

When filing for a US trademark class numbers are required. These are categories in which you would like to register you trademark under. There are 45 goods and services which describe your business and product you are looking to protect. There is no such things as a global class number which will allow you to be protected under all 45 categories. Each have to be selected individually. The more classifications you have the wider your protection will be however the USPTO charges a government fee for each class you select. The USPTO has provided US applicants with a Trademark Manual ID to easily establish their class number.

  1. Goods and services

You need to describe the goods and services associated with your trademark. By providing a breakdown of the goods your business provides, will help to protect specific items.

  • Fees

Currently the USPTO government fee to file a US trademark is set at $275. A service fee will also be set by the filing company, each companies service fee will vary from $69 – $199.

  • E-signature

The USPTO requires the applicants electronic s-signature. After preparation of your trademark application, you can review the information selected and sign the application to be filed.

The above suggestions are highly recommended for a successful trademark application.

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