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The name trademark is used by the manufactures to distinguish a product from the others for sale. Trademark can be a word, number picture or even design also. Trademarks help the customers to buy the good quality products. If the trademarks used by the one seller then they cannot be used by another seller.
Trademark Registrations Process and Procedures
Federal Trademark Registrations:
The trademarks are registered in the trademark office of the department of commerce and once the trademarks are applied for the registration they have to meet the conditions of the federal law. The trademark gets the federal registration when the procedure is completed.
Procedure for the federal registration of the trademark consists of the following clearances:
Clearances search is done before the registration of the trademark so that the dealer came to know whether the proposed trademark can be used or not to avoid further complications.
- Preliminary screening search:
Preliminary screening search is done to eliminate the proposed marks from the marks already available and the result is out within 24 hours or less.
Comprehensive search mentions the names and the marks which are not registered but can be used as trademarks. The copies of the report are provided to the dealer so that they can also decide which trademark is suitable and also comment on the risks in using them.
When the federal registration of the trademark is approved it is published in the official gazette and it can be used for 20 years provided with a symbol R next to the trademark.
Filing of an international trademark registration is very costly because the costs to file the international trademark application consists of the associates fees for the filing, preparation and the prosecution of each application.
As the costs are expensive it is not necessary to file the application of every trademark in every country. Due to this the priorities are given to the countries like if the dealer wants to use the trademark for twenty four months then he can file the application for the countries having the first priority.
Types of trademarks:
There are three types of trademarks which are as follows:
- Trademarks and service marks:
Trademarks and service marks are used to define the goods and services of manufactures.
Collective marks indicate the association and membership where only group members have the right to use these marks.
Certification marks define the quality of the product or services.
Trademark Registration Advantages:
- If the trademark has the federal registration then it is easy to recover the profits, costs and damages in certain circumstances.
- The attorney fees can be easily recovered.
- After five years of registration most of the arguments are eliminated due to its incontestable status.
- If the trademark has the federal registration then they have the right to apply a case in the federal court under worst circumstances.
- By having the federal registration it is easy for the people to choose the trademark without any confusion.
- Federal registration also provides the prima evidence for the trademark use so that it can be used without confusing with the similar trademarks.
- Registration of trademark through Madrid protocol applicants can save the costs like associate fees etc.
Trademark Registration Disadvantages:
- Federal trademark registration is very expensive as the cost of filing the application is approximately $1200 per class of goods.
- After maturity date of registration, if the trademark doesn't get renewed then the whole registration gets failed.
- As the international trademark registration is based on the Madrid protocol so when the registration date gets matured then the applicants have a short period of time to re-file the application to claim the benefits of original protocol.
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