What is a trademark?
One of the most valuable assets of a company is its intellectual property. Brand recognition developed by your company can be as important and valuable as its revenue. To protect this property, you should consider registering your business brand as a trademark or a service mark.
A trademark/service mark is like a name tag for products or services. It helps people know who made or provided them. Think of it as a special sign that tells you, “This comes from this company.” A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. It typically consists of a name, logo, slogan, or other distinctive symbol that identifies and differentiates products or services in the marketplace.
Functional aspects of a trademark:
Identification: Trademarks help consumers recognize and choose products or services based on their brand reputation. For example, the Nike “swoosh” logo is a trademark that signifies the Nike brand.
Legal Protection: Registering a trademark grants legal protection, allowing the owner to prevent others from using a similar mark that could cause confusion among consumers. This protection can be enforced through legal action.
Exclusive Rights: Trademark owners have exclusive rights to use the mark in commerce for the goods or services for which it is registered. This exclusivity helps build brand identity and customer loyalty.
Duration: Trademarks can last indefinitely, as long as they are used in commerce and their registration is periodically renewed.
Types: Trademarks can be names (like “Apple”), logos (like the Apple logo), slogans (like “Just Do It”), sounds (like Looney Tunes Theme Song of Time Warner Entertainment), or even distinctively shaped packaging (like the shape of a Coca-Cola bottle).
How long does it take to obtain a federal trademark registration?
The process of getting a trademark registration can vary depending on several factors, including strength or uniqueness of the mark and the specifics of the application. Generally, the timeline for trademark registration can range from several months to over a year. Here’s a rough breakdown:
Initial Application: After you submit your application, it typically takes a few weeks to a couple of months for the trademark office to process it and assign it to an examiner.
Examination: The examination phase, where an examiner reviews your application for compliance with trademark laws and potential conflicts with existing trademarks, can take several months. This period may vary depending on the complexity of your application.
Publication: If the examiner approves your application, it’s published in the Trademark Official Gazette. The publication allows others to oppose the registration if they believe it conflicts with their own trademarks.
Opposition Period: If there are no oppositions, or if any oppositions are resolved in your favor, the registration process continues. The opposition period is generally around 30 days but can be extended if disputes arise.
Registration: Once the opposition period is over, and if everything is in order, the Trademark Office will issue a registration certificate. This final step can take additional few weeks to a few months. In summary, the entire process from application to registration can take anywhere from about 8 to 18 months, or even longer in some cases, especially if a third party opposes your registration.