If your basis for filing is “intend to use,” you’ll need to eventually use the mark in commerce since this basis is only temporary. If your mark is already being used “in commerce,” you’ll need to show proof using a “Statement of Use” form. This will dictate which of the two forms you use - “in commerce” or “intend to use.” The option you choose depends on whether the mark you wish to protect is currently in use. You can use the Trademark ID Manual on the USPTO website to find your classification. You may apply for your mark to cover multiple classes, but that will increase your filing fee. Your trademark classification is the industry in which the goods or service associated with the mark will be used. However, that will limit your protection to that specific description. If you’re registering your company name, this will be called a “standard character mark.” You may choose to specify a particular font, style or color. This is where you decide what your mark will be. The name, address and contact information of whomever will own the trademark. A fully completed application, will include: Information for Entity Filing Application However, you will use the Trademark Electronic Application System (TEAS) to actually fill out and submit your application online. You can find PDFs of the application forms you will need on the USPTO website. To be approved, this application must be both thorough and precise. Preparing your application is the most burdensome step in the trademark registration process. On the other hand, entrepreneurs that intend to eventually offer their product or service across the nation will need a federal trademark to enforce their rights. Small business owners may be okay with this limited protection if they don’t plan on expanding their brand in the future. Still, this protection is usually limited to the geographic area in which the name is used. If you were the first business in the industry to use the name, you may have rights to a common law trademark. Technically, you don’t need a registered trademark to have at least some intellectual property protection. This allows you to prevent infringing goods from being imported into the U.S. Having a trademark will also make it easier to apply for trademark registration in other countries. If you don’t register your mark with the USPTO, you can’t file a trademark infringement lawsuit against someone who uses it without your permission. Registering a trademark for your business name makes it clear to the public that you have the exclusive right to use that name.
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