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Many times establishing a business in the United States begins with establishing a company brand trademark. Trademarks differ considerably from patents and copyrights and any prospective trademark applicant should be aware of the differences in licensing. All claims to intellectual property in the United States are effectively the licensed authority to do business under that particular item of intellectual corporate property.
It is not necessary to be a U.S. resident to hold a registered trademark. Trademark registration is a common method of establishing a business in the United States. This is especially true now with the exponential growth of cyber businesses and product identification. A trademark is more than just a symbol that gives a particular company a top-of-mind awareness logo to implement as an advertising and marketing tool. It becomes the visual identity of the product or corporation.
Registering a trademark with the United States Patent and Trademark Office can be done online, but may not be the most prudent course for the serious trademark applicant. Trademarks are easily conflicted and approval can be difficult. It is always a good idea to check with an intellectual property attorney to determine if a trademark is necessary and to ensure all legal requirements are satisfied. Trademark violation claims are common and can be expensive. However, a data base is available online for determination.
The application process is a legal proceeding and all stages are subject to a strict response time frame. This also makes retaining an intellectual property attorney a positive choice. There are two different application forms depending on the class of goods or services being registered. Each mark needs a separate application. It is critical to classify the mark properly in terms of goods and services.
The TEAS Plus is a special application and carries a $275 registration fee per application for mark registration. It is used for multiple trademark registrations to one applicant. The general TEAS filing fee is $325 and only registers one trademark. Fees are non-refundable in the event of trademark registration denial, which is another reason to retain representation.
Application responses from the USPTO are usually slow because of need to ensure the identifying mark has not been claimed previously or can actually be registered. Rejection of a mark is common, but can be appealed. Appeals are legal hearings and an attorney will be necessary with any expectation of overturning a denial.