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The process of obtaining a trademark includes, after the trademark search, filing an application with the US Patent and Trademark Office, which includes a specimen of the word, or name, or design that's proposed to be the mark along with a filing fee that covers that particular class of goods.
The word trademark can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
The process of obtaining a trademark includes, after the trademark search, filing an application with the US Patent and Trademark Office, which includes a specimen of the word, or name, or design that's proposed to be the mark along with a filing fee that covers that particular class of goods.
When you file, you must include an actual drawing of the trade or service mark and three specimens of how the mark is being used. The fee is $50.00 per registration and $50.00 for each additional classification, if applicable. The term of the registration and renewal is five years.
A service mark offers the same type of protection as a trademark, except that rather than identifying the source of goods, a service mark identifies a business that provides a service or services rather than goods.
It is not possible to use a well-known trade mark as your own, because the Trade Marks Act (Act 194 of 1993) protects the original proprietor. Why does a search have to be done?
If your company sells an item or multiple items, you'd need to trademark the mark used to represent the business. If you have a company that provides a service, focus on the service mark. Using TM in your mark represents trademark and SM represents service mark. Neither holds any legal significance.
The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).
Step by step procedure to register a trademarkStep 1: To search for a trademark.Step 2: To file the trademark application.Step 3: Examination of the trademark application by the government authority.Step 4: Post- examination.Step 5: Advertisement of the trademark.Step 6: Opposition from the general public.More items...
The fee is $50.00 per registration and $50.00 for each additional classification, if applicable. The term of the registration and renewal is five years.