A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods or services of one party from those of others.
Search is the first step to obtaining a trademark. Searching allows you to determine whether someone has already claimed your mark. Lei Jiang LLC will search your trademark as part of the trademark registration process.
Registration is the process by which you can register your mark with the USPTO and have it federally recognized. This process requires submitting information about the trademark’s owner, a description of the goods or services, and a representation of the mark. Registration also requires the applicant to specify whether the trademark is already in use in interstate commerce, or the applicant intends to use it in interstate commerce. If the trademark is already in use, the applicant must also submit a specimen showing the mark in use. This could be a picture of a logo on a product in the case of a good, or a picture of a website or business card in the case of a service.
Opposition is a proceeding which any person who believes they may be damaged by registration of the mark can bring within 30 days from the publication date of the trademark application. In this proceeding, the plaintiff attempts to prevent the issuance of a registration of a mark. If there are no oppositions, or if an opposition fails, the application will proceed.
The USPTO then reviews the application by sending it to an examining attorney, who will determine whether it complies with all applicable rules and statutes. This process involves searching for conflicting marks, and examining the written application, the drawing, and any specimen.
Cancellation is a proceeding which any person who believes they may be damaged by registration of the mark can bring after issuance of a registration in order to cancel the trademark. Cancellation can automatically occur when the registrant fails to file specific maintenance documents.
Assignments can be made to change the owner of a trademark. Assignments can be recorded with the PTO with the appropriate form and proof of the assignment.