Trademark Registration with Expert Advice

Description

As you are aware that ‘Trademarks’ help you in protection from unfair competition of your products and services.

For example, assume the company “X” sells a product or service under a some brand. Business competitor company “Y” is free to sell a competing product or service under a completely different brand. But if company Y uses a brand calculated to confuse the company “X” customers into accidentally buying from company “Y” – this is unfair competition.

One can apply for trademark online themselves by paying the government their fees or can take help from many C.A companies to fulfill it but due to the following complexities of Trademark registration one may fell under Litigation and bear unwanted burdens. To protect our customers from from these Trademark disputes Shop Felicity has taken initiative to get them perfect advice from Trademarks  advocates. They will work for your trademark registration due diligently and keep you safe in all fronts of Trademarks disputes in which otherwise one can spend lot of money and time.

Following are some details to go through for Trademark Registration

Rules

1) Avoid confusion with existing marks

2) Don’t try to claim the normal marks (names) of a product or service

3) A trademark only has meaning in the context of a particular class of product or service

4) Use it or lose it – It is possible to reserve some names for up to a few years on an “intent to use” filing. But ultimately, to get the trademark, you need to provide proof that you are using the mark in commercial by submitting a specimen for example: a photograph of sales receipts, website; and the like. Examiners may flag Specimen that they think are manipulated.

5) Try to be either Distinctitive or Suggestive – The USPTO will reject marks that too closely resemble the common name or logo of a product or service as being “generic” instead trademarks or names that are fanciful and have no correlation with product or service will often be accepted and registered. Suggestive marks are also allowed. To get a Descriptive mark allowed, you have to first register it on USPTO Secondary Register for five years. During this tine, it is difficult to enforce the mark. Only after this period you will be able to get it register with Primary Register and in case there is no objection by outsiders.

6) Under both US and international law, trademark offices try to cram all products and services into various classes. Same names within a class is generally not tolerated. However, you can often reuse the same names for other classes products or services but it may get rejected if the possibility of confusion is high with other classes products or services.

7) There are many other complexities of trademark law as well. Searches can be tricky because the underlying legal standard for trademark infringement is “the possibility of confusion”. Don’t be confused and think that the criteria are “the same spelling”. It is not, and trying to use an alternate spelling of a previously registered mark can get you in trouble.

8) Unregistered common law trademarks are another potential problem.  Further, a trademark must only function as a source indicator. It can’t otherwise impact the utility of the product.

9) Merely avoiding other registered trademarks with identical spelling is often not enough. Alternative spellings, word prefixes, word suffixes, different name variations, and common-law use can often cause problems if potential customers might be confused.