apologies for the length, but here some further details from the trademark offices:
On 19/11/06, [EMAIL PROTECTED] <[EMAIL PROTECTED]> wrote:
I just took a fast look at www.uspto.gov -> trade marks. Just about all the questions that have been raised are answered there. Key points: 1. A trade mark can be used without being registered.
quote: When can I use the trademark symbols TM, SM and (r)? Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "(r)" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.
2. Registration gives additional rights, and puts the trademark in the registration base so that it can be found in a search.
snipped quote: owning a federal trademark registration on the Principal Register provides several advantages, e.g., * a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;<snip> * the ability to bring an action concerning the mark in federal court; * the use of the U.S registration as a basis to obtain registration in foreign countries; and * the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
3. A lawyer isn't essential for registration. 4. The preferred way to file for registration is on line.
The fees are here http://www.uspto.gov/web/offices/ac/qs/ope/fee2006october14.htm#tm if I am reading it correctly.. Application for registration, per international class (electronic filing, TEAS Plus application) $275. and $100 to fix an error in the application. $400 to renew. apparently we should search for existing marks first: quote: You should search the USPTO records before filing your application to determine if any party is already claiming rights in a particular mark. You may conduct a search on-line at http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk, OR registered and pending trademarks may be searched at a Patent and Trademark Depository Library (PTDL). PTDLs are located throughout the U.S. See PTDL for a listing of their locations, or http://www.uspto.gov/web/offices/ac/ido/ptdl/index.html. and Electronic Filing Fee and Refund Policy. The filing fee is either $275.00 or $325.00 per class of goods and/or services for an electronically-filed application (the "TEAS Plus" or "regular TEAS" options, respectively) , compared with $375.00 per class if filed in paper; i.e., an application may only have one mark, but may cover multiple classes; e.g., an application filed under TEAS Plus with two classes would be for both computer software in Class 9 and t-shirts in Class 25, making the filing fee $550.00. Although only one mark is permissible per application, a mark may consist of several elements that are joined to form a composite whole; e.g., words plus a design. any issues raise appear to require a reply within 6 mths.quote: the applicant's response to the Office action must be received in the Office within six months of the mailing date of the Office action. endq. it may benefit us to use it first quote: If the mark is published based upon the actual use of the mark in commerce, or on a foreign registration, and no party files an opposition or request to extend the time to oppose, the USPTO will normally register the mark and issue a registration certificate about twelve (12) weeks after the date the mark was published. otherwise: the USPTO will issue a NOTICE OF ALLOWANCE about twelve (12) weeks after the date the mark was published, if no party files either an opposition or request to extend the time to oppose. The applicant then has six (6) months from the date of the NOTICE OF ALLOWANCE to either: * use the mark in commerce and submit a STATEMENT OF USE; or * request a six-month EXTENSION OF TIME TO FILE A STATEMENT OF USE. and it would need to be re registered quote: the owner of a registration must periodically file: * Affidavits of Continued Use or Excusable Nonuse under 15 U.S.C. §1058; and * Applications for Renewal under 15 U.S.C. §1059. and a small reduction in fees You do not have to have already used your mark before filing an application. However, if the mark has not already been used in interstate commerce at the time of filing, but instead the application is based on an "intent-to-use" the mark in interstate commerce in the future, an additional fee of $100.00 per class will be required when the "Allegation of Use" form is submitted (whereas a "use-based" application does not require this additional fee). Also, the filing fee is a processing fee for the application. This fee is not returned even if ultimately the USPTO does not issue a registration. You should take all necessary steps to ensure the mark is registrable before filing the application. Basic Trademark facts here: http://www.uspto.gov/web/offices/tac/doc/basic/ How to get started: http://www.uspto.gov/web/trademarks/workflow/start.htm WIPO http://www.wipo.int/madrid/en/ Classes of trademark. (possibly 9 or perhaps more #42) http://tess2.uspto.gov/tmdb/tmep/1400.htm and Images must be a jpeg(?) http://www.uspto.gov/teas/eTEASimportantnotice.htm#NoRefund _______________________________________________ Open-graphics mailing list [email protected] http://lists.duskglow.com/mailman/listinfo/open-graphics List service provided by Duskglow Consulting, LLC (www.duskglow.com)
