Before buying any product, we check its Trademark to identify the authenticity of the product. There are many companies that sell forged forms of branded products. In such a scenario, having an idea about the authenticity of the product helps to differentiate in between the real and fake products. This is where a trademark comes into play. It is a sign of the authenticity of the product.
The process of its registration is quite slow and expensive. In fact in some cases, the legal fees for the mark costs upto hundreds and thousands of dollars. However, it is one of the most important steps before you start selling your products.
According to Cohn Legal, PLLC, your company’s symbol must be registered by the government. They also shed light on the fact that this mark is your company’s identity among the audience and hence must be registered under your company’s name. However, not only the name of the company, but also the logo of the company must be registered. Generally, the mark is valid for 10 years and after that it can be renewed by the concerned company.
How to speed up the mark process?
In the USA, it usually takes upto 10 months to establish a . This process can extend upto 24 months too in some of the jurisdictions. In countries like Brazil, it takes years.
However, you cannot rush the amount of time that it takes but you can speed up your clearance time. In most cases, if you take a smart approach, you can almost shave weeks or months of the approval process. If you are here to know about how to fasten up the process through a smart approach, then read on. A smart and legal team helps you to make your research process multiply by 10 times faster.
Below are a few tips to Speed up the Trademark process:
1. Select a strong mark
You cannot choose to trademark just any name or symbol. In case you opt for a weak mark, then your registration process will get delayed and you will get an office action. The trademark process will become easy if you use a distinctive mark.
If you wish to obtain protection, then your brand name should be unique, not something that you made up instinctively and definitely not a name that is marked by any existing brand such as Apple or Microsoft. Otherwise, your registration process will become slow.
If you have a weak trademark, it will not get approved. Also, if you use descriptive words like New York Chowmein, or Spicy tomato sauce, then your application will be denied. Also, you cannot trademark generic names such as “Yoghurt”, “Pasta” etc. Try availing the help of a trademark attorney to assess your trademark’s strength.
2. Remember not to choose any mark which is similar to any other mark
In case, your trademark resembles any other famous brands’ trademark then your approval will get delayed or your mark may not get approved at all.
Also, if your brand logo or name is quite similar to a brand that exists already, then customers are likely to get confused. Such a situation will cause chaos and confusion among customers. As a result of which, your application might not get approved.
You can visit the official website where registration is done and search in their online database and look for trademarks which are similar to your brand. Also, search in the various business directories as well as in the trademark directories as well as conduct normal internet searches for any similar brand names. Also, you can consider availing the services of a trademark lawyer to help out you in your search.
3. Submit a proper application:
After doing Trademark Search, now apply for the form and fill in your Business Name, Logo and Brand Name along with all the other needed documents. You can fill in the Trademark Application both Online and Offline. In case you are filling it up offline, submit the application form to the Registrar Of Trademark Office in person.
If you wish to register your trademark online, then visit the official website of the Intellectual Property of Government and look out for trademark options there. After this, fill in your trademark application by filling in the details of your business, logo, brand, and the other needed details. Then the application form has to be submitted to the Registrar of Trademarks Office via the online medium. Submit the registration fees and wait for the approval. After approval, you will be the owner of the respective trademark.
Upon filing your application form, you will come across two options, namely, “commercial use” or “intention to use”. In case, you have already started using the mark, then you can choose the “commercial use” option. Whereas, if you have not yet started using it and are still waiting for the approval, then choose “intent to use” option.
Once you have registered, you will receive an allowance notice and will have to wait for the official registration of your mark. Your mark will not be called registered until and unless you submit a statement of use along with a sample of your mark to the concerned authorities. You need to wait for at least six month before you submit the statement of use.
4. Proper Documents:
Talking about the documents, different documents are needed as per the company’s ownership. For example, if you want to register an individual trademark, then you require documents proving your nationalism, a proof of your residential address as well as the power of attorney’s documents.
Similarly, if you want a trademark for a private limited company, then it requires Power of Attorney, resolution of the board, and trademark questionnaire. Apart from this, details of the director are also required.
These marks play an important role in helping you create an identity for your brand worldwide. Once approved, you can easily locate the details related to your mark on any government website, thereby proving its authenticity.