Trademarks frequently asked questions legal zoom

Trademarks
Frequently Asked Questions

Trademarks
FrequentlyAsked Questions
Get Started ▶© LegalZoom.com, Inc. All rights reserved. LegalZoom provides access to independent attorneys
and self-help services at your specific direction. We are not a law firm or a substitute for an attorney
or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about
possible legal rights, remedies, defenses, options, selection of forms or strategies.
Why Choose Trademark
Registration?
ASSURANCE
• Your Trademark Registration is backed by
our 100% satisfaction guarantee.
COMPLETENESS
• Application reviewed and filed with USPTO
SUPPORT
• 30 days to speak with an attorney and 100%
satisfaction guaranteed.

Can I assign trademark ownership to another
person or business?
Yes. A registered trademark, or even a trademark with a registration
application under consideration by the U.S. Patent and Trademark
Office (USPTO) is transferable. The USPTO calls such a transfer an
"Assignment." Usually, an Assignment requires a written contract. You
can record Assignments with the USPTO for a fee.
https://www.legalzoom.com/knowledge/trademark/faq/1-transfer-ownership
© LegalZoom.com, Inc. All rights reserved. LegalZoom provides access to independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an
attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies.

Can LegalZoom assign the ownership of a
trademark for me?
LegalZoom cannot assist in trademark assignments, which are typically
accomplished by a written contract. However, LegalZoom can help you
record your Assignments with the USPTO.
https://www.legalzoom.com/knowledge/trademark/faq/2-legalzoom-transfer

Can I record trademark assignments to more than
one entity?
Yes. You can record trademark assignments to multiple entities.
However, LegalZoom can assist only with recording trademark
assignments from one owner to another individual owner or entity.
https://www.legalzoom.com/knowledge/trademark/faq/3-multiple-entity-transfer

What is a trademark specimen?
A specimen is a real-world example of how you are using your mark on goods or in
the offer of services. A specimen is more than just a picture of your trademark or
logo.
For goods (products), acceptable specimens include labels, tags, packaging
material, instruction manuals and containers which display the trademark. Please
note that brochures, business cards, catalogs and stationery are generally not
acceptable specimens for goods.
For services, acceptable specimens include brochures, flyers, advertisements,
yellow page listings and websites. Please note that stationery is generally not an
acceptable specimen for services. For a business card to be an acceptable
specimen, it must contain the proposed trademark and the services offered in
connection with that trademark.
https://www.legalzoom.com/knowledge/trademark/faq/1-trademark-specimen

How do I electronically sign my trademark
document?
After LegalZoom completes your Trademark Declaration of Continued
Use, you'll receive an email requesting your electronic signature. This
email will contain a link connecting you to your document online. We
strongly recommend thoroughly reviewing your application to ensure
the information is correct before electronically signing the application.
You can complete your e-signature by typing your name between two
forward slashes (ex: /john doe/) and clicking on the "submit" button.
https://www.legalzoom.com/knowledge/trademark/faq/2-electronically-sign

What is the Section 15 Trademark Declaration of
Incontestability?
Your Section 15 Trademark Declaration of Incontestability allows you to request the
highest status of trademark protection under federal law. Once your Declaration is
approved the U.S. Patent and Trademark Office (USPTO), you are protected against
many legal challenges that people or businesses might to contest your right to your mark.
If your trademark's certificate states that it is on the "Principal Register," and you have
continuously used the mark in commerce for five (5) consecutive years since its
registration, you may file a Declaration of Incontestability.
With incontestable status, you are protected from challenges that your trademark is:
(1) not inherently distinctive and lacks secondary meaning; (2) confusingly similar to a
mark that someone else began using prior to the owner's registration; and (3) simply
functional. To file this form, additional filing fees apply but incontestable registration only
requires a one-time filing.
https://www.legalzoom.com/knowledge/trademark/faq/3-section-15

What is the deadline for filing my Declaration of
Continued Use?
For a trademark registration to remain valid, you must file a Trademark
Declaration of Continued Use with the USPTO between the fifth and
sixth year anniversaries following registration.
However, the USPTO allows a six-month grace period following the
sixth anniversary date. During this period, you may submit the
Declaration of Continued Use form with additional filing fees. If a
trademark owner does not file this form within the grace period, the
USPTO will consider the mark abandoned.
https://www.legalzoom.com/knowledge/trademark/faq/4-deadline-submit

When I file my Trademark Renewal, do I have to file my
Section 8 Declaration of Continued Use form separately?
No. The USPTO automatically combines the Section 9 Trademark
Renewal with the Section 8 form because they are required at the
same time.
LegalZoom's Trademark service makes it easy and convenient to file
your Trademark Renewal and Declaration of Continued Use in one
easy questionnaire. Click here for more information.
https://www.legalzoom.com/knowledge/trademark/faq/5-filing-separately

Will the examining attorney search for conflicting
trademarks?
Yes. The examining attorney will search the USPTO records to see if a conflict
exists between the trademark in your application and another trademark that is live
and registered with or pending with the USPTO. In doing this, he or she will also
look for other trademarks that might be confused with yours. The USPTO does not
provide preliminary searches for conflicting trademarks before an application is filed.
When you apply for a trademark with LegalZoom, we search for other federally
registered or pending trademarks that are in direct conflict with your trademark
before you submit your application. LegalZoom also offers a variety of additional
comprehensive trademark search services that can help you learn more about the
rights and risks associated with your proposed trademark. Click here to learn more.
https://www.legalzoom.com/knowledge/trademark/faq/attorney-search-conflicting-trademarks

Will the examining attorney search for conflicting
trademarks? (Cont.)
The principal factors the USPTO examining attorney uses to determine if there would be a chance of
confusion include:
The similarity of the marks
The commercial relationship between the goods and/or services listed in the application (what "class" or
"classes" the trademarks are in and the goods and/or services to which they are applied)
For a conflict to be found, your trademark does not have to be identical to another, and the goods and/or
services do not have to be the same. It may be enough that the trademarks are similar and the goods and/or
services related.
If a conflict exists between your proposed trademark and a registered trademark, the examining attorney will
refuse registration on the ground of likelihood of confusion. If a conflict exists between your trademark and
one in a pending application that was filed first, the examining attorney will notify you of the potential conflict
and may suspend action on your application, pending the outcome of the conflicting application. If the first
application registers, the examining attorney will then refuse your registration on the ground of likelihood of
confusion.
https://www.legalzoom.com/knowledge/trademark/faq/attorney-search-conflicting-trademarks

What are the benefits of a registered trademark?
Many people assume they can protect their trademark simply by using the mark in commerce. It is true that
you are not required to register a trademark to achieve some level of protection and that one establishes
common law rights simply by using a mark in commerce.
However, having a federally registered trademark on the USPTO's principal register provides several
advantages:
• Serves as constructive notice to the public of the registrant's ownership of the trademark
• Establishes a legal presumption of your ownership of the mark and your exclusive right to use the
trademark nationwide on or in connection with the goods and/or services listed in the registration
• Allows the registrant to bring an action concerning the trademark in federal court
• U.S registration can be used as a basis to obtain registration in foreign countries
• Can be filed with U.S. Customs to prevent the importation of infringing foreign goods
https://www.legalzoom.com/knowledge/trademark/faq/benefits-registered-trademarks

What are the benefits of a registered trademark?
(Cont.)
Federal registration also allows you to use the (R) (the "Circle-R")
symbol. Any time you claim rights in a trademark, you may use the TM
(trademark) or SM (service mark) symbol to alert the public to your
claim, regardless of whether you have filed an application with the
USPTO.
However, you can only use the federal registration symbol (R) after the
USPTO has actually registered the trademark, not without an
application or while an application is pending. Following registration,
you can only use the (R) symbol on or in connection with the goods
and/or services listed in the federal trademark registration.
https://www.legalzoom.com/knowledge/trademark/faq/benefits-registered-trademarks

What are "common law" trademark rights?
Federal registration is not required to establish trademark rights.
"Common law" rights arise from the actual use of a trademark without
federal registration. Generally, whoever first uses a trademark in
commerce has the ultimate right to use that trademark in that way.
However, there are many benefits of federal trademark registration.
To learn more about these benefits, click here.
https://www.legalzoom.com/knowledge/trademark/faq/common-law-trademark-rights

How do I contest someone else using or
attempting to register a trademark similar to mine?
There are several ways to dispute use of your trademark by someone
else. Because each situation has unique facts, you should consider
contacting an attorney, preferably one specializing in trademark law.
LegalZoom's Business Advantage Pro can put you in touch with an
experienced attorney in this area. For more information, please visit
http://www.legalzoom.com/attorneys-lawyers/business-advantage-
pro.html.
https://www.legalzoom.com/knowledge/trademark/faq/contest-trademarks

What are the differences between my business
filings and my trademark rights?
When setting up and maintaining a business, a business owner will
need to accomplish many tasks, many of which involve filings with the
state or states in which he or she wishes to do or is doing business.
These filings include things like registering your business name, setting
up a d/b/a, getting an EIN, etc. It is important that business owners
understand that NONE of these things give them ANY trademark rights,
and especially not federal trademark rights. ONLY use of a trademark
to sell or advertise goods or services affords a business trademark
rights, and ONLY federal trademark registration carries the benefits of
federal trademark registration.
https://www.legalzoom.com/knowledge/trademark/faq/differences-business-filings-and-trademark-rights

What are the differences between my business
filings and my trademark rights? (Cont.)
On the flip side, simply registering your trademark with the USPTO
does not necessarily mean that someone has not already registered to
do business under such a name with a state, since the USPTO does
not search state business filings when determining whether your
trademark is registrable.
The USPTO also does not search to see whether someone else may
already be using the name you are seeking to register as a trademark.
For these reasons, LegalZoom strongly recommends a Comprehensive
Trademark Search as part of your trademark package.
https://www.legalzoom.com/knowledge/trademark/faq/differences-business-filings-and-trademark-rights

Do I have to be a U.S. citizen to obtain a federal
trademark registration?
No. However, the applicant's citizenship must be included in an
application. If an applicant (such as a corporation) is not a citizen of any
country, then a statement to that effect is sufficient. If an applicant has
dual citizenship, he or she must choose which citizenship will be printed
in the Official Gazette and on the Certificate of Registration.
https://www.legalzoom.com/knowledge/trademark/faq/federal-trademark-citizenship-status

How long does it take for a trademark to be
registered?
It is hard to predict how long it will take for an application to mature into a registration
since many factors can affect the process. Generally, an applicant will receive a filing
receipt almost instantly after filing. In addition, you should receive an initial response from
the US Patent and Trademark Office (USPTO) within approximately three months of filing
the application.
However, the total application processing time may be anywhere from 6 months to a
year, or even longer. Most applications are processed completely in slightly less than one
year. Overall processing time depends on your basis for filing and any legal issues that
arise in the examination process.
Current status on trademark applications and registrations can be obtained by accessing
the Trademark Applications and Registrations Retrieval database online at
http://tarr.uspto.gov/. To check on average processing times, please visit
http://www.uspto.gov/dashboards/trademarks/main.dashxml.
https://www.legalzoom.com/knowledge/trademark/faq/how-long-register-trademark

How do I list the products and/or services on my
trademark application?
The U.S. Patent and Trademark Office (USPTO) requires trademark
applicants to list and describe all products when applying to register
a trademark.
https://www.legalzoom.com/knowledge/trademark/faq/how-to-list-products-services-on-trademark-application

trademark application? (Cont.)
Here are some important guidelines to follow when writing a list of products and/or services for a
trademark registration application:
• Divide products and services into categories. The USPTO separates products and services by
categories, called "classes." Here is a list of USPTO classes and their general descriptions.
• Name the class first, followed by all products or services that fall within that class. For instance, if
you are selling a line of hats with your trademark, you should list "Clothing, namely hats."
(Clothing is the class, and hats are the specific products.) If you have more products that fit within
the same class, the format is the same, like "Clothing, namely hats, shirts, scarves and socks." Do
not list products that fall into other classes without naming that next class first. So, if you've listed
all clothing items and are planning to sell motorcycles as well, you would list "Clothing, namely
hats" as your first class. You would then separately list "Motor vehicles, namely motorcycles" as
your second class and products within that class. (Vehicles is the class, motorcycles are the
products.) Note: Each additional class requires an additional $385, which includes the USPTO
filing fee.

Here are some important guidelines to follow when writing a list of
products and/or services for a trademark registration application:
• Be specific and concise. Be as specific and clear as possible in your
descriptions of your products and/or services. There's no need to tell
a story-just list and describe what you are selling or planning to sell
in connection with your trademark. For example, "Computer
graphics software" is better than "Computer software" alone, and
"Consulting services in the field of energy efficiency" is better than
"Consulting services" alone.

• Avoid leaving your description open-ended. This means avoiding words and
phrases like "including," "including but not limited to," "such as," and "etc." within
your description. For example, do not write, "Clothing, namely hats, scarves,
gloves, etc." or "Clothing, such as hats." The USPTO requires you to be
complete in your listing of all the products and services as to which you want to
register a trademark in your current application.
• List only services that you are selling to others-not activities that you engage in
to promote or conduct your own business. For services, make sure that you list
the services you are providing to others. For example, list "Advertising" only if
you are providing advertising services for other people or companies - not if you
are only advertising your own business.

• Do not list items not sold to the public. As with services, only list products that you are
selling to others-not materials you use to promote or conduct your own business. For
example, do not list promotional or corporate items that are not being sold to the
public, such as company brochures, letterhead, or employee uniforms.
• Do not list products or services you don't plan on selling. Do not include products or
services that you are not, nor have a real intention of, selling in the future. If you
falsely identify anything on your application, your application may be rejected or your
registration later cancelled. If you apply on an "intent-to-use" basis as to any products
or services, you should be sure to have materials that can prove your real intent to
sell these things, and that you had that real intent as of your filing date. Such
materials can include business plans, mock-ups of products and other items that
would show that you are working towards the sales you claim to have planned.

• Do not include a trademark name. Do not include a trademark name (yours or
anyone else's) in your description of products and/or services. For example, if
your trademark is "Ducktail" for motorcycles, do not list "Ducktail motorcycles"
as your product-list "Motor vehicles, namely motorcycles." Rather than
"Computer game software for use on iPhones," list "Computer game software
for use on mobile and cellular phones."
To view more examples of acceptable descriptions from the USPTO, click here.
Please Note:
If registered, your trademark will be protected for use in connection with the
products and services listed in your trademark application. If you plan to apply for
and protect your trademark to cover different products and/or services later, you will
need to submit a new application for the additional items at a later time.

How do I register my company name?
Registration of your company name as a trademark is the same for
USPTO purposes as all other trademark registrations.
However, before you register your company name, you want to determine
if your company name is already in use in your state. Your state will
generally not let you use a name that is too similar to an already registered
business. For this reason, whenever you consider registering your
company name as a trademark, you want to research your state's
database for registered corporations, LLCs and partnerships with similar
names.
LegalZoom's U.S. Comprehensive Trademark Search can help you find
these conflicts before starting a trademark application.
https://www.legalzoom.com/knowledge/trademark/faq/how-trademark-register-company-name

What is a service mark?
A service mark is simply a type of trademark. In fact, the words
"trademark" and "mark" often refer to both trademarks and service
marks. Trademarks help the government and consumers distinguish
manufacturers of goods or products from one another. A service mark
helps the government and consumers distinguish service providers
from one another. Common law service marks are accompanied by SM
as opposed to the TM of common law trademarks. Both goods and
services with federally registered trademarks use an (R) symbol.
LegalZoom can help you apply to register your trademark or service
mark with the U.S. Patent and Trademark Office in three easy steps.
Get started today and protect your trademark!
https://www.legalzoom.com/knowledge/trademark/faq/service-mark-definition

How can I obtain state registration of a trademark?
You can usually obtain the protection of state trademark registration by
applying for and paying a fee to the Secretary of State (or comparable
office) in the state where you are using the trademark. However, federal
registration provides more widespread notice to the public and in some
cases, may supercede a filing at the state level. Federal registration
also provides for greater benefits.
https://www.legalzoom.com/knowledge/trademark/faq/state-trademark-registration

What is a basic federal direct-hit search?
LegalZoom includes a Basic Federal Direct-Hit Search with your
application. This is a search of the USPTO database for potential
conflicts with your trademark.
The government will not let you register a pre-existing name or one that
is too similar to a name that has already been registered. This means a
search of the USPTO database is essential before starting the
registration process.
https://www.legalzoom.com/knowledge/trademark/faq/trademark-business-name-search

When and how can one party use another's
trademark? (Cont.)
Appropriate use of a trademark is important to comply with federal law (and if applicable, state law).
Trademarks include words, symbols or designs that specifically identify and distinguish the source of
an owner's commercial goods. This means uses of the trademark that are likely to confuse the public
as to whether the use is made by the owner or by another are generally prohibited.
Some trademark owners assume no one else has a right to independently use the mark in any
capacity whatsoever. This is not necessarily true. One can refer to a trademark for a legitimate,
noninfringing purpose as long as no more of the trademark is being used than is necessary for this
purpose. Generally, trademark laws merely control commercial use of the name.
Under the trademark version of "fair use" doctrine, the more common and generic the word(s) are or
have become in the English language, the less likely the trademark owner may be able to regulate
them. This doctrine also protects "nominative" use of the trademark name, as is often done by
competitors in marketing materials.
https://www.legalzoom.com/knowledge/trademark/faq/trademark-name-use

When and how can one party use another's
trademark? (Cont.)
Trademark owners often have their own policies as to how their trademark may be
used. Here are some typical ways in which use of a trademark by a non-owner
might be authorized:
With correct trademark and service mark symbols: The symbol (R) refers to a
federally registered mark, and should be placed after the trademark (e.g.
LegalZoom(R)). In contrast, names that have not been registered with the USPTO
(or those pending registration) may not use the (R) symbol. These should be
denoted with either TM for a trademark or SM for a service mark (e.g. LegalZipTM).
As the trademark appears in the USPTO registry: The trademark should not be
abbreviated, hyphenated or altered in any other ways. Without misleading or
confusing the customer, this is an especially important rule to a trademark owner
that lies at the core of trademark protection.
https://www.legalzoom.com/knowledge/trademark/faq/trademark-name-use

Do I need to register my trademark?
Not to use it. However, federal registration has several advantages,
including notice to the public of the registrant's claim of ownership of
the trademark, a legal presumption of ownership nationwide, and the
exclusive right to use the trademark on or in connection with those
goods or services set forth in the registration. Federal registration also
allows the owner of a trademark to sue for infringement in federal court
and to stop the importation of infringing material.
https://www.legalzoom.com/knowledge/trademark/faq/trademark-registration-advantages

How long does a trademark registration last?
For a trademark registration to remain valid, a Declaration of Use must
be filed: (1) between the fifth and sixth year following registration and
(2) within the year before the end of every 10-year period after the date
of registration.
Assuming that a Declaration of Use is timely filed, registrations granted
PRIOR to November 16, 1989 have a 20-year term. Registrations
granted on or after November 16, 1989 have a 10-year term.
Trademarks can be renewed for additional 10-year terms. There is no
limit to the number of times a trademark can be renewed, as long as
use of the mark by its owner continues.
https://www.legalzoom.com/knowledge/trademark/faq/trademark-registration-period

How do I know if I need trademark or copyright
protection?
The choice between registering a trademark and a copyright is not always a clear one. Trademark and
copyright registration are both means of protecting your intellectual property rights. There are,
however, important differences between trademark and copyright protection.
Copyrights are a form of protection for the authors of "original works of authorship," including literary,
dramatic, musical, artistic, and certain other creative works.
Copyright does not cover intellectual property such as titles, names, short phrases, and slogans;
familiar symbols or designs; or mere variations of typographic ornamentation, lettering, or coloring.
This type of intangible property is often more appropriately protected by a trademark. Think of
memorable advertising slogans you have heard. Chances are these slogans are protected by a
trademark of some sort, while they are unlikely to qualify for copyright protection.
A trademark protects a word, phrase, symbol or design (or a combination of these), that identifies and
distinguishes the goods or services of one person or company from those of others.
https://www.legalzoom.com/knowledge/trademark/faq/trademark-versus-copyright-protection

How do I know if I need trademark or copyright
protection? (Cont.)
Some things, such as more complex logos, may qualify for both trademark and
copyright protection. This is because the amount of original authorship in a logo can
vary greatly. Most highly recognizable logos are extremely simple objects, such as
the Nike "swoosh," and would not qualify for copyright protection. However, a more
ornate logo with a great deal of creative authorship might qualify for both trademark
and copyright protection.
To protect the name of your company, your newly designed name, logo or a
catchphrase, a trademark is probably what you need. To protect your latest painting,
the next great American novel or even a brilliantly choreographed dance sequence,
a copyright is probably the best route for you.
Whether you need register a trademark or register a copyright, LegalZoom makes
the process quick and easy.
https://www.legalzoom.com/knowledge/trademark/faq/trademark-versus-copyright-protection

Can the ownership of a trademark be assigned or
transferred from one person or entity to another?
Yes. All trademarks can be sold or assigned. The "goodwill" of any
business associated with that trademark must be included in any such
transfer. Even trademarks that are unregistered or are the subject of
pending applications can be sold or assigned. Written assignments of
registered trademarks are recommended, and may be recorded with
the USPTO for a fee.
https://www.legalzoom.com/knowledge/trademark/faq/transfer-assign-trademark-ownership

What kind of review will the USPTO conduct after I
file my trademark application?
When you file a trademark application, your proposed trademark will go through two main
types of review. First, the USPTO will review your application to determine whether or not
you have met the minimum filing requirements. Next, the application is forwarded to an
examining attorney. (Note: this transition can take several months.)
The examining attorney will then review the application to determine whether it complies
with all applicable rules and statutes and includes all required fees. A complete
examination includes a search for conflicting trademarks (both registered and pending)
as well as a review of the written application, drawing and any specimen. If the examining
attorney decides, based on your application, that your trademark should not be
registered, he or she will send you a letter, called an Office Action. This letter explains the
reasons for the refusal and any technical or procedural problems with your application.
Most often, you will have a chance to cure any deficiency in your application, other than a
conflict with another trademark.
https://www.legalzoom.com/knowledge/trademark/faq/uspto-trademark-application-review

What kind of review will the USPTO conduct after I
file my trademark application? (Cont.)
If minor corrections are all that is required for filing the trademark, the examining attorney
may contact you by phone or email. If the examining attorney sends a written Office
Action, you have six months from that letter's mailing date to respond with corrections or
the application will be declared abandoned.
If your response to an Office Action does not overcome all of the examining attorney's
objections, the examining attorney will issue a final refusal. To attempt to overcome a
final refusal, you can appeal to the Trademark Trial and Appeal Board (TTAB) for an
additional fee. This board is an administrative tribunal within the USPTO.
Once your trademark application passes the examining attorney's review, your mark will
be published in the Official Gazette. This gives the public an opportunity to object to the
mark if they believe they will be damaged by that registration. If no objections are filed
within 30 days of publication, the mark will typically be registered in 3-12 months. At that
point, you are an official holder of a federally registered U.S. trademark.
https://www.legalzoom.com/knowledge/trademark/faq/uspto-trademark-application-review

What are some other reasons the USPTO might
refuse my trademark?
In addition to likelihood of confusion (discussed above), an examining
attorney will refuse registration if the trademark is:
• Merely descriptive or deceptively misdescriptive of the
goods/services
• Primarily geographically descriptive or geographically deceptive
• Mostly a surname
• Solely Ornamental
https://www.legalzoom.com/knowledge/trademark/faq/uspto-trademark-refusal

Is a federal trademark registration valid outside the
United States?
Not formally. Certain countries, however, do recognize a U.S. registration as a basis for
registering the trademark in those countries. Many countries maintain a register of
trademarks and some will act to protect the holders of U.S. trademarks from activity that
occurs abroad which would, if transacted in the U.S., infringe upon the owner's
trademark.
Furthermore, a suit in U.S. Federal Court can be brought by a U.S. trademark owner
against another U.S. citizen for exportation of goods wholly for sale abroad that would
confuse foreign consumers as to whether the goods were those of the trademark owner.
Finally, the holders of "famous" trademarks may be able to block foreign registration of
confusing (same or similar) trademarks abroad (e.g., someone other than Disney
registering Mickey Mouse in Iran). Each country's laws about registration should be
consulted.
https://www.legalzoom.com/knowledge/trademark/faq/valid-federal-trademark-registration

What is a trademark specimen and how does it
relate to goods and services?
For your trademark to be federally registered, you are required to provide proof
(called a "specimen") to the U.S. Patent and Trademark Office (USPTO). The
specimen you provide should be an actual example that clearly shows how the
trademark is being used in connection with the goods and/or services you listed in
your application.
Products ("Goods") Specimens
If you are providing products, acceptable specimens include photographs of
packaging labels, clothing tags or labels on containers that prominently display your
trademark.
Invoices, order forms, receipts, brochures, catalogs, press releases, business
cards, and stationery are generally NOT acceptable specimens for products.
https://www.legalzoom.com/knowledge/trademark/faq/what-is-a-trademark-specimen

relate to goods and services? (Cont.)

relate to goods and services? (Cont.)
Services Specimens
If you are providing services, acceptable specimens include a sign,
brochure, advertisement, business card, stationary or website prominently
displaying your trademark in connection with the services you've listed in
your application. The specimen must include a reference to the service, not
just the trademark by itself. For example, a business card simply printed
with the trademark "Sunny Real Estate" would likely not qualify, whereas
one printed with "Sunny Real Estate" and "Sales Training Services" below
it could qualify.
Printer's proofs for advertisements or news articles about your services are
generally NOT acceptable specimens for services.

Who can file a trademark application?
Only a trademark's owner can file an application for its registration. An
application filed by a person who is not the owner of the trademark will
be declared void. Generally, the person who uses or controls the use of
the trademark, and controls the nature and quality of the goods to
which it is affixed, or the services for which it is used, is the trademark's
owner.
https://www.legalzoom.com/knowledge/trademark/faq/who-file-trademark-application

What is an Allegation of Use?
An Allegation of Use is another term used for a Statement of Use. Both
terms refer to a required filing for an applicant who applies for a
trademark on an "Intent-To-Use" basis. The filing demonstrates actual
use of the trademark in commerce and is required by the USPTO
before it will register a trademark.
https://www.legalzoom.com/knowledge/trademark/faq/1-allegation-of-use

Who should file a Statement of Use?
Trademark applicants who originally filed an Intent-To-Use Trademark
Application (i.e., before they began using their mark in commerce) are
required to file a Statement of Use. This filing indicates that an
applicant has begun using the applied-for trademark in commerce. This
enables the USPTO to register the trademark.
https://www.legalzoom.com/knowledge/trademark/faq/who-should-file-a-statement-of-use

When should I file my Trademark Statement of
Use?
You should file your Trademark Statement of Use within the following
time periods:
- Within six months of the day the USPTO mails you a "Notice of
Allowance." This is a written notice of conditional approval sent after
the mark is published. You can find the date that the Notice of
Allowance was issued by visiting
http://portal.uspto.gov/external/portal/tow and entering your USPTO
serial number.
- Within a previously-granted extension period from the USPTO.
https://www.legalzoom.com/knowledge/trademark/faq/3-when-should-i-file

How do I check the current status of my trademark
filing?
To check the status of your trademark application, please visit
http://tarr.uspto.gov/ and use your USPTO trademark serial number to
locate your application.
https://www.legalzoom.com/knowledge/trademark/faq/4-check-filing-status

What are the requirements for a Trademark
Statement of Use?
Along with your Statement of Use application, you must provide
(1) a filing fee for each class of goods or services and
(2) a specimen showing use of the mark for each class of goods or services.
Your Statement of Use includes a sworn statement signed by you (or someone
authorized to sign for you), attesting to the use of your mark in commerce.
LegalZoom can help you quickly and easily prepare a Trademark Statement of Use.
Simply answer a few questions online and send us a specimen of your use of your
trademark, and we will complete and file your Statement. To get started, simply
click here.
https://www.legalzoom.com/knowledge/trademark/faq/5-requirements

How do I electronically sign my trademark filing?
After LegalZoom completes your Statement of Use documents, you'll
receive an email from LegalZoom requesting your electronic signature.
This email will contain a link connecting you to your application online.
We strongly recommend thoroughly reviewing your documents to
ensure the information is correct before electronically signing.
forward slashes (for example, /john doe/) and clicking on the "submit"
button.
https://www.legalzoom.com/knowledge/trademark/faq/7-electronically-filing

What happens if I don't file my Trademark Statement of
Use form or Extension Request in time?
If you do not file a Trademark Statement of Use or Extension Request
within 6 months of the issuance of your Notice of Allowance, the
USPTO will consider your trademark abandoned.
https://www.legalzoom.com/knowledge/trademark/faq/8-unfiled-consequence

How do I electronically sign my trademark
renewal?
After LegalZoom completes your Section 9 Trademark Renewal, you'll
receive an email from us requesting your electronic signature. This
email will contain a link connecting you to your application online. We
strongly recommend thoroughly reviewing your application to ensure
the information is correct before electronically signing the application.
forward slashes (for example, /john doe/) and clicking on the "submit"
button.
https://www.legalzoom.com/knowledge/trademark/faq/2-sign-application

When I file my Trademark Renewal, do I have to file my
Section 8 Declaration of Continued Use form separately?
No. The USPTO's Trademark Renewal application includes fields for
the information required for your Declaration of Continued Use because
both filings are required at the same time. You do not have to file
separate documents. LegalZoom uses the combined form.
https://www.legalzoom.com/knowledge/trademark/faq/3-filing-section-8

What is the deadline for filing my trademark
renewal?
The U.S. Patent and Trademark Office (USPTO) requires Trademark
Renewal filings between the between the 9-year and 10-year
anniversaries of the original trademark registration and each
successive ten-year period thereafter.
The USPTO allows a 6-month grace period following the expiration
date of your trademark registration, during which time you can file your
Trademark Renewal with additional fees. After the grace period, the
USPTO will consider the trademark abandoned. Trademarks are
infinitely renewable, provided Section 9 Renewals continue to be timely
filed by the trademark's owner.
https://www.legalzoom.com/knowledge/trademark/faq/4-renewal-deadline

Trademarks frequently asked questions legal zoom

Recommandé

Recommandé

Contenu connexe

En vedette

En vedette (7)

Similaire à Trademarks frequently asked questions legal zoom

Similaire à Trademarks frequently asked questions legal zoom (20)

Dernier

Dernier (20)

Trademarks frequently asked questions legal zoom