1. What is a trademark?
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
2. How long does a trademark last?
A trademark can last as long as the owner wants, so long as the owner continues to renew the mark. Between the fifth and sixth year after the date of initial registration, the trademark registrant will need to file documents to keep the mark active. A renewal must then be filed every ten years.
3. Can foreign applicants register a trademark?
Applicants not living in the U.S. must designate in writing the name and address of a representative within the U.S. A United States registration provides protection only in the United States and its territories. If the owner of a mark wants protection in other countries, the owner must seek protection in each country separately.
4. What is trademark infringement?
Trademark infringement occurs when a business uses the same or similar name in commerce in a way that may lead to confusion with the trademark owner's service/product. Trademark infringement is based on this element of "confusion" that is a function of the mark's meaning. In general, infringement does not require the infringer to be a competitor, but infringement requires a similar product. If there has been an infringement of your trademark, you can file a claim under the federal and state laws. As the plaintiff, you have the burden to prove that the use of a similar mark by the defendant has created a likelihood of confusion.
5. Is my trademark protection in US valid in foreign countries?
No. An US registration protects your rights only within the geographic territory of US. For protection in foreign countries, you need to register your mark internationally.
6. Normally How long will it take to register the trademark with the USPTO?
The applicant should receive a response to the application from the USPTO within six months from filing the application. However, the total time for an application to be processed may be anywhere from a year to two years.
7. What is Intent to Use?
If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith, or bona fide, intention to use the mark in commerce. You do not have to use the mark before you file your application. An "intent to use" application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. If you file based on intent to use, you must begin actual use of the mark in commerce before the USPTO will register the mark; that is, after filing an application based on "intent to use," you must later file another form to establish that use has begun.
8. When may I use the TM and when may I use the R-in-a-circle (®)
Under U.S. trademark law, the R-in-a-circle symbol (®) may only be used in connection with a mark if that mark is a federally registered trademark. By "federally registered" we mean that the trademark owner has not only filed a trademark registration application with the US Patent & Trademark Office, but has been granted a registration. In contrast, the TM and SM symbols may be used freely without respect to whether or not there is a federal trademark registration. If you are offering goods or services, you may freely use the TM or SM symbol to denote trademarks or service marks that you use to indicate the origin of your goods or services.