West Virginia Trademark & Service Mark Application is the process of registering a trademark or service mark in the state of West Virginia. A trademark is a word, phrase, symbol, or design used to identify and distinguish the products or services of one business from those of another. A service mark is a word, phrase, symbol, or design used to identify and distinguish services offered by one business from those offered by another. There are two types of West Virginia Trademark & Service Mark Application: 1. State Trademark & Service Mark Registration: This process involves filing an application with the West Virginia Secretary of State's Office. The application must include a description of the mark, a list of goods or services it will be used on, and a fee. 2. Federal Trademark & Service Mark Registration: This process involves filing an application with the United States Patent and Trademark Office. The application must include a description of the mark, a list of goods or services it will be used on, and a fee. Both types of applications require a thorough search of existing marks to ensure that no other mark is already registered that is the same or similar to the mark being applied for. Following registration, the mark must be used in commerce in order to maintain registration.
West Virginia Trademark & Service Mark Application
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How to fill out West Virginia Trademark & Service Mark Application?
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FAQ
You may conduct a free online search of the USPTO database at the Public Search Facility (Madison East, 1st Floor; 600 Dulany Street, Alexandria, Virginia) between a.m. and p.m. USPTO personnel may not conduct trademark searches for the public. Private trademark search firms will conduct searches for a fee.
Registering your trademark with the USPTO creates rights throughout the entire United States and its territories, and includes your registration in our publicly accessible database of registered trademarks.
The most common are: Likelihood of Confusion: The USPTO conducts a search for conflicting marks as part of the official examination of an application only after a trademark application is filed.
You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you're providing your goods or services. If you want stronger, nationwide rights, you'll need to apply to register your trademark with us.
Under the Lanham Act, a person that obtains a federal trademark has superior rights to use the mark throughout the United States. If a federal registration is obtained before the use of a similar mark in a state, the federal registration has priority over the state registration.
You can register a trademark by going to the Secretary of State website (.sos.wv.gov), and filling out an application there.
Trademarks are governed by both state and federal law. Originally, state common law provided the main source of protection for trademarks. However, in the late 1800s, the U.S. Congress enacted the first federal trademark law.
State trademark registration is relatively quick and inexpensive, while federal trademark registration is more complex and costs more. However, federal registration offers far more protection. Before you decide which is best for you, it's important to understand the differences.