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After five years of consecutive use from the date of federal registration, a trademark may be declared incontestable. An incontestable mark is immune from challenge except if it has become the generic term for the goods or abandoned for nonuse, or if the registration was acquired under fraudulent conditions.
The Statement of Use Form You can file a trademark statement of use online using the Trademark Electronic Application System, or TEAS. The online form asks for the following: The date you first used the mark. The date when you first used the mark in commerce.
This is the Form of authorization of Agent Form TM-48. The duly stamped Power of Attorney or Form TM 48 is required in cases where the trademark application has been filed by a trademark agent or attorney. This form is executed in favor of the trademark agent/attorney by the applicant.
How to Trademark a SloganGo to the United States Patent and Trademark Office (USPTO) website.Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category.Submit your trademark application. Pay the filing fee.
It is certainly possible for entrepreneurs to file applications and successfully register trademarks on their own. If this is the route you choose, then it is well worth your time to familiarize yourself with the application process in order to decrease the chance of a costly problem.
In principle, a slogan can be protected by registration as a trade mark as long as it's distinctive, it's not descriptive, nor generic and it's not already registered in your chosen classes. You can then prevent any other company using your slogan on certain goods and services.
The affidavit must be executed on a non-judicial stamp paper under oath before any notary public or an officer empowered to administer such oaths. The applicant must submit the user affidavit to the Registrar while filing the registration application.
An affidavit of use is filed in conjunction with a Section 9 renewal application in order to keep a registered trademark valid in the United States. The affidavit provides proof that the trademark in question is still being used in the capacity that was indicated on the original application.
How to Trademark a SloganGo to the United States Patent and Trademark Office (USPTO) website.Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category.Submit your trademark application. Pay the filing fee.
Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.