If you have a trademark you want to protect against infringement, now is the time to register it. This post will take you through three key steps of how to apply for federal trademark registration, including the points at which you will need to work with an expert trademark attorney in Idaho or elsewhere.
A Step-by-Step Guide on How To Register A Federal Trademark in Idaho
Step 1: Trademark Search and Clearance
You first need to find out whether you can register your mark. This step involves conducting a search to determine whether other entities have similar marks and whether your mark meets the United States Patent and Trademark Office (USPTO) requirements. It’s prudent to consult with a lawyer before proceeding to determine whether your mark meets the requirements.
Step 2: Trademark Attorney Consultation
Our trademark attorneys at Beard St. Clair Gaffney can do the hard work for you. They will discuss your search results and answer other questions you may have concerning the trademark registration process.
Step 3: Trademark Application Filed
Our expert trademark attorneys will prepare your trademark application for your evaluation and approval. They have the experience and know-how to successfully file a US trademark application and ensure your application meets all the requirements to optimize the chance for approval. The trademark registration process is complex. Therefore, it is not surprising that business owners in Idaho and elsewhere often have questions for their trademark attorneys. Since many of these questions are asked repeatedly, attorneys at Beard St. Clair Gaffney have compiled a list of comprehensive answers to the top 5 trademark FAQs.
TOP 5 Trademark Registration FAQs
- What’s the purpose of registering my trademark in Idaho?
Common trademarks are any slogan, logo, business and product names that represent a business’ brand. Registering your mark with the United States Patent and Trademark Office (USPTO) protects your business from infringement by others and prevents your business from infringing on another entity.
- How long does it take to register a trademark in the US?
It often takes roughly one year for a trademark to be approved and registered once an application has been submitted to USPTO. However, it can take longer than a year if there are substantive objections from the examining attorney that demand some back and forth or if, for some reason, the application is highly complex.
- How Long Does A Trademark Last?
Trademark rights are indefinite, as long as you continuously use the trademark. However, a declaration of use will be required between the fifth and sixth years. Failing to file the declaration of use will lead to cancellation of the mark. An additional declaration and renewal will need to be provided between the ninth and tenth years. It is important to note that if your trademark registration is canceled due to a failure to properly file or pay renewal fees, you still own and have common law trademark rights as long as you continue to use your mark in commerce. So even if you’ve not renewed your trademark’s registration, you don’t lose your ownership and rights in it, only the extra benefits that are reserved for registered marks. On the other hand, if you stop using the trademark, you will lose your rights, even though it is registered.
- Can I Trademark A Similar Name?
Registering a company with a similar name as another will depend on whether customers are likely to be confused. It’s certainly risky to share a similar registered trademark, although the risk is reduced if the goods or services you offer are different from the other entity. For instance, if the other company bakes and sells bread to consumers while your business offers IT solutions to companies, there’s minimal risk that the similarity between the trademarks would mix up customers.
- What does it Cost To Register A Trademark In Idaho?
It typically costs $250 or $350, not including legal fees, to register a trademark in one category of goods and services in the US. The total cost of registration may vary depending on the number of categories of goods and services you register. There are 45 different categories of goods and services. If your organization offers a single product or service, you will only need to register in one category. But if you deal in an assortment of products and services, you may be required to file in a number of different categories, which will effectively increase the registration fees.
Advantages of Trademark Registration
- A registered trademark protects against trademark infringement – Registering your trademark with USPTO ensures you maintain control over your brand. If you find any infringement, the registration guarantees your right to take legal action.
- A registered trademark covers nationwide validity – While you may have rights to a trademark simply by using it in the public domain, different localities may have varying limitations. A registered mark provides nationwide protection against infringement.
- A registered trademark helps clients to identify your business and therefore is a valuable asset. Not only does your registered mark assist customers to find you and confirm your authenticity, but investors also require that a potential business registers its trademark. Additionally, as your business grows, people interested in buying it will often place a higher value on it if it’s a registered trademark.
Contact Beard St Clair for all your Trademark Solutions
As people adapt and resume most of their pre-COVID activities, it is a great time to set up a new business in Idaho Falls! However, as you go about setting up your new venture in Idaho Falls, don’t ignore the benefits of registering your trademark with the USPTO, no matter the size of your company. A USPTO approved trademark is vital for your business operations. Contact Beard St. Clair Gaffney Law Firm now to discover more about our affordable trademark registration services.