Trademark and Patent FAQ’s

Q: Why should you register your trademark or patent?

A: A trademark and patent is a form of intellectual property that needs to be properly protected in order to deflect legal ownership claims. By registering a trademark and patent, unrelated parties may be prevented from using or profiting from the intellectual property in question.

Q: What types of items should be registered?

A: A trademark consists of a symbol, words, device or a distinctive mark that is used to represent a particular good or service that is offered by its owner. On the other hand, a patent can represent the creation or discovery of a utility, design or plant. These are the types of items that should be registered.

Q: Which department or government agency is used for registrations?

A: In order to begin the trademark and patent registration process, you can visit the United States Patent and Trademark Office (USPTO) website. This federal office has a large quantity of information that can be easily accessed.

Q: What is the registration procedure like?

A: One of the first things that you will need to do is to search the USPTO databases to see if a trademark and patent already exists for your particular item. You will have to fill out extensive paperwork that will go into finite details about your trademark and patent. A full checklist of tasks is available on the USPTO website. Therefore hiring professionals, such as patent InventHelp agency, is highly recommended.

Q: How much does registration cost?

A: There are various costs involved in the registration process which include maintenance fees, applications fees and other fees. Current pay schedules for a trademark and patent are available at the USPTO website.

Q: What is the typical timeframe involved?

A: Each registration case is unique. As a result, a trademark applicant can expect an answer within 3 months from their application. However, there are cases where an approval or denial is not received for several years if there are legal issues involved or other complicated matters arise. For a patent application, an applicant can expect to wait an average of 2 years.

Q: What laws or regulations govern trademark and patent registrations?

A: The Trademark Act and Trademark Rules of Practice are applicable in trademark registrations, while the Patent Act and Patent Practice and Procedure laws apply in patent registrations. Whether the application is completed by an attorney or a layperson, the applicant is expected to understand and comply with these statutes.

Q: Once approved, how long does my registration last?

A: A new trademark registration lasts for a 10 year term and can be renewed with an Affidavit of Use for additional 10 year terms. A new patent registration lasts for 20 years, although a design patent only lasts for 14 years.

Q: What are the common problems that are faced with trademarks and patents?

A: Trademark and patent registrations can result in a denial if the paperwork is completed incorrectly, is lacking information or relates to items that cannot be registered. For instance, a generic name for a goods or service cannot be registered as a trademark. Understanding the entire registration process from start to finish is vital.

Q: Who is best equipped to handle registrations?

A: An attorney that has been well-educated in intellectual property law is better equipped to complete the registration process. There are also patent agencies, such as patent service InventHelp agency. There are many complex legal terms and processes that are involved with a trademark and patent. It is recommended that laypersons avoid attempting to handle these matters on their own.

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