This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.
Patent Trademark File For Trademark In Georgia
State:
Multi-State
Control #:
US-003HB
Format:
Word;
PDF;
Rich Text
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FAQ
Likelihood of confusion is a common reason for refusal of a trademark application. The USPTO will review your application and compare your mark to any existing trademark applications or registered trademarks.
The first is Genericide, a term used when a brand name has become so widely used that it becomes synonymous with a general class of product or service, causing the trademark to lose its distinctiveness. For example, 'Band-Aid' often being used to refer to any adhesive bandage is an instance of genericide.
Trademark process Step 1: Is a trademark application right for you? ... Step 2: Get ready to apply. Step 3: Prepare and submit your application. Step 4: Work with the assigned USPTO examining attorney. Step 5: Receive approval/denial of your application. Step 6: Maintain your registration.
Strong trademarks are suggestive, fanciful, or arbitrary. Weak trademarks are descriptive or generic. Think about them this way. You want your trademark to be strong or “hot,” as opposed to weak or “cold.”
If a trademark misdescribes a quality, purpose, function, feature, characteristic, ingredient, or use of the goods or services, and the misrepresentation would be credible or plausible to consumer, the mark would be refused as deceptively misdescriptive.
Nowadays, nearly half (48.3%) of all trademark applications filed in the US with the United States Patent and Trademark Office (USPTO) are rejected.
Any person who uses a trademark or service mark in Georgia may file an application for registration of that mark with the Office of the Secretary of State. If the statutory requirements are met, then the Secretary of State will issue a certificate of registration.
The standard registration period for a trademark is 11-12 months from the date of filing the application. The accelerated registration period for a trademark is 10 working days from the date of filing the application. Trademark registrations in Georgia are valid for 10 years from the filing date.
You can have both a trademark and a patent, though they won't be for exactly the same thing. A trademark can protect a creation's name, for example, and a patent can protect the actual creation itself.
The average wait time for a trademark approval ranges from 12 to 18 months. Factors like application complexity, existing trademarks, and USPTO workload can affect this timeframe. Expedited examination and timely responses can potentially speed up the process.