- Trademark Basics
1. Are Trademarks, Copyrights, and Patents the same things?No. Each protects a different form of intellectual property from infringement by others. A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention. For example, if you invent a new kind of irrigation device, you would apply for a patent to protect the invention itself. You would apply to register a trademark to protect the brand name of the irrigation device. And you might register a copyright for the TV commercial that you use to market the product. Register your trademark today!
2. Why register a trademark?The purpose of using a trademark is to uniquely identify your products or services to potential customers. Registration of a trademark helps prevent competitors of your business from stealing your business name, logo, or slogan. Registration also protects you against misappropriation by confusingly similar marks used by competitors. Protecting your unique name, logo, or slogan in the form of a trademark is one of the most important investments in your business. If you wish to register a trademark or a service mark, Legalhoop can assist you by providing a professional filing service . Simply fill a few questions online and let us take care of the rest. Register your trademark today!
3. What is the process to obtain a trademark registration in US?Once an application is filed, the United States Patent and Trademark Office (USPTO) assigns an attorney to examine the proposed trademark. Under a smooth case, the process of registration takes around 8 months. The process can take several years if legal issues arise during the examination. If the trademark is approved, USPTO will issue either a Certificate of Registration (if you are already using the trademark) or a Notice of Allowance (if you intend to use the mark at a later date).
The principal factors determining whether an application should be approved include:
A. The similarity of existing registered trademarks, including the mark itself and the covered products. Similar marks can create a likelihood of confusion which is grounds for rejecting the application.
B. The uniqueness of your intended trademark in relation to your product. So called “merely descriptive” trademarks are often rejected.
When you request to register your trademark through Legalhoop, an attorney representing you can help you navigate the process. Register your trademark today!
- Trademark Registrations
1. What do I need to get started registering my trademark with Legalhoop?In order to complete your trademark application you will need to provide us below information by filling our forms online:
A. The intended trademark (the words or the image)
B. The name and address of the entity that will own the trademark registration
C. Contact information for the applicant if different from 2
D. A description of the goods or services offered under the trademark
E. A specimen, usually an image, that serves as a proof of use of the trademark in commerce in relation to your business (this can be filed separately in an intent to use application)
F.The date of first use of your trademark anywhere, as well as the date of first use of your trademark in commerce (this can be filed separately in an “intent to use” application) Register your trademark today!
2. How long does it take to prepare a trademark through Legalhoop's experts?Once you submit your application, Legalhoop trademark attorneys will make every effort to expeditiously file your application. If they require additional information from you, they will contact you via email. Typically, we file every application within 3 business days. Sometimes, the process can take longer if there are delays getting responses from clients or if there are further clarifications required.
All applications for the registration of a trademark are managed by Shnfan IP law firm. Since 2002, Shnfan IP law firm have helped nearly 100,000 small businesses get their trademarks protected in more than 180 countries. Our firm has extensive expertise in intellectual property law, including but not limited to trademark, copyright, and patent matters. Register your trademark today!
3. How much does it cost to register my trademark?To register your trademark, you will need to pay legal preparation fees and government filing fees per country. For a typical trademark application in the United States, the standard rate fees start at $99 for legal fees per classification. Additionally, you will need to pay the government $275 for government filing fees per classification. During the evaluation of your trademark application by the government, if there are any challenges by the government or private parties because of potentially confusingly similar trademarks, you will need to pay an office action response fee if you wish for an attorney to draft a response on your behalf. Usually, this is between $99 and $699 depending on the complexity of the response required. Register your trademark today!
4. What does Legalhoop provides me that I can’t do myself through the United States Trademark Office?When you request to file a trademark application through Legalhoop, an experienced U.S. trademark consultant will prepare all the information required for the filing process.
Legalhoop. com is supported by Shnfan IP law firm based in Washington D.C. and Beijing. Since 2002, we have helped nearly 100,000 small businesses get their trademarks protected in more than 180 countries. Our firm has extensive expertise in intellectual property law, including but not limited to trademark, copyright, and patent matters. Our legal attorneys are available to answer your questions and assist you in successfully advancing your trademark application. ($99 + government fee for the trademark filing package).
Therefore, you gain the expertise of an experienced trademark law firm in helping you get the best protection possible and defend your rights.
The United States Patent and Trademark Office (USPTO) will not give you legal advice on how best to protect your rights. When you request a filing through Legalhoop, you can receive this service from an attorney. In addition, if and when there are updates to your filing, Legalhoop automatically notifies you and experts that represent you through Legalhoop will assist you. Furthermore, USPTO cannot:
• Conduct trademark searches for the public;
• Comment on the validity of registered marks;
• Answer questions prior to filing on whether a particular mark or type of mark is eligible for trademark registration; or
• Offer legal advice or opinions about trademark infringement claims.
The USPTO does not enforce your rights in the mark or bring legal action against potential infringers. Experts representing you through Legalhoop have experience helping with such matters. All of the things above can be done through an expert that represents you through Legalhoop. If it’s important for you to protect your brand, it makes sense to have a professional help you through Legalhoop. Register your trademark today!
5. What are the trademark application requirements?A trademark application must include the following elements:
The name of the applicant;
A name and address for correspondence;
A depiction of the mark;
A sworn statement that the mark is in use in commerce;
A listing of the goods or services;
The filing fee for at least one class of goods or services; and A specimen, if filing a “current use” based application. Register your trademark today!
6. What are “Current use” and “Intent to use” filing basis in USPTO?There are two basis for filing a trademark application in the United States: Current use and Intent to use.
In use: If you are basing your trademark application on “current use”, you must include a sworn statement (usually in the form of a declaration) that the mark is in use in commerce, listing the date of first use of the mark anywhere and the date of first use of the mark in commerce. You must also include a specimen showing the use of the mark in commerce. For specimen of goods, the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce. For specimen of services, the mark must be used or displayed in the sale or advertising of the services and the services must be rendered in commerce.
Intent to use: If you have not yet used the mark, but plan to do so in the future, you may file an application based on a good faith intention to use the mark in commerce. You do not have to use the mark before you file your application. An "intent to use" application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. Register your trademark today!
7. What is a proper specimen for use of a mark on goods (products)?This information is needed when you apply to register your trademark. Usually, a specimen for a mark used on goods shows the actual goods, or labeling or packaging of the goods. For example, your specimen may be a tag or label displaying the mark, or a photograph showing the mark on the goods or packaging. The specimen may not be a “mock-up” of these items but must be a sample of what you actually use. When you request to register your trademark through Legalhoop, a trademark expert representing you can assist you in determining what an acceptable specimen is. Register your trademark today!
8. What is the most common reason an examining attorney refuses registration in USPTO?The most common reason for refusing registration is a likelihood of confusion with the mark in a registration or prior application. The examining attorney will search the United States Patent and Trademark Office (USPTO) database to determine whether there are any marks that are likely to cause confusion with your mark. The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:
• The similarity of the marks;
• The commercial relationship (e.g.,channels of trade or class of purchasers) between the goods/ services listed in the application and those listed in the registration or pending application.
To find a conflict, the marks do not have to be identical and the goods/services do not have to be the same.It may be enough that the marks are similar and the goods/services are related.When you request to register your trademark through Legalhoop, you may consult an attorney for some help to place your application in the best light for evaluation by the USPTO. Register your trademark today!
9. May I change the goods/services after filing my application?You may clarify or limit the goods/services claimed on your application but you may not expand or broaden the goods/services. For example, if you filed for “shirts”, you may limit the goods to specific types of shirts such as “t-shirts and sweatshirts”. However, you may not change the goods to “shirts and pants”. Likewise, if you file for “Jewelry”, you may change the goods to specific types of jewelry such as “jewelry, namely, earrings”. However, you may not change the goods to a service such as “jewelry stores”. Legalhoop makes the process very easy for you, just click here to get started in applying for your trademark. Register your trademark today!
10. How do I choose the proper classification of goods and services for my trademark?When you file to register a trademark with the United States Trademark Office, you must select the kinds of goods or services on which your trademark will be affixed. There are 45 separate classifications. Descriptions of what types of uses fall in each class are described below. While this process can be confusing, when you request to register your trademark through Legalhoop, an attorney representing you can help you navigate the process.
Class 1 (Chemicals): Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 (Paints): Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 (Cosmetics and cleaning preparations): Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 (Lubricants and fuels): Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
Class 5 (Pharmaceuticals): Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6 (Metal Goods): Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7 (Machinery): Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.
Class 8 (Hand tools): Hand tools and implements (hand-operated); cutlery; side arms; razors.
Class 9 (Electrical and scientific apparatus): Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus.
Class 10 (Medical apparatus): Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials.
Class 11 (Environmental control apparatus): Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
Class 12 (Vehicles): Vehicles; apparatus for locomotion by land, air, or water.
Class 13 (Firearms): Firearms; ammunition and projectiles; explosives; fireworks.
Class 14 (Jewelry): Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.
Class 15 (Musical Instruments): Musical instruments.
Class 16 (Paper goods and printed matter): Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.
Class 17 (Rubber goods): Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Class 18 (Leather goods): Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Class 19 (Nonmetallic building materials): Building materials (non-metallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.
Class 20 (Furniture and articles not otherwise classified): Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
Class 21 (Housewares and glass): Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Class 22 (Cordage and fibers): Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
Class 23 (Yarns and threads): Yarns and threads, for textile use.
Class 24 (Fabrics): Textiles and textile goods, not included in other classes; beds and table covers.
Class 25 (Clothing): Clothing, footwear, headgear.
Class 26 (Fancy goods): Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Class 27 (Floor coverings): Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Class 28 (Toys and sporting goods): Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Class 29 (Meats and processed foods): Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.
Class 30 (Staple foods): Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
Class 31 (Natural agricultural products): Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt.
Class 32 (Light beverages): Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33 (Wine and spirits): Alcoholic beverages (except beers).
Class 34 (Smokers’ articles): Tobacco; smokers’ articles; matches.
Class 35 (Advertising and business): Advertising; business management; business administration; office functions.
Class 36 (Insurance and financial): Insurance; financial affairs; monetary affairs; real estate affairs.
Class 37 (Building construction and repair): Building construction; repair; installation services.
Class 38 (Telecommunications): Telecommunications.
Class 39 (Transportation and storage): Transport; packaging and storage of goods; travel arrangement
Class 40 (Treatment of materials): Treatment of materials.
Class 41 (Education and entertainment): Education; providing of training; entertainment; sporting and cultural activities.
Class 42 (Computer and scientific): Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43 (Hotels and restaurants): Services for providing food and drink; temporary accommodations.
Class 44 (Medical, beauty & agricultural): Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45 (Personal): Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. Register your trademark today!
- Trademark Search Engine
1. How does Legalhoop's trademark search engine work?Legalhoop allows you to search US and China pending and registered trademarks to avoid directhit- trademarks that are already registered. When you are ready to file, you can click the tab labeled "Services" and simply select a trademark registration option, and you will be prompted to provide all of the information needed in order to file your trademark. Register your trademark today!
2. When I search for a name, a lot of results showing registrations for the same name come up. Does that mean I cannot register that name?Not necessarily. If you plan to use the name for goods and/or services that are distinct from the other registrations, you may still be able to get your name registered. Under U.S. trademark law, trademarks are separated into classes that indicate what types of goods and/or services those trademarks are being used with. Therefore, if you apply for the same name as a prior registration, but plan to use it in an entirely unrelated field of goods and/or services, registration may still be possible. However, please note that applying for an already registered name always presents greater risks than applying for a name that isn't taken.
If you are not sure about whether you can use a certain name, you can consult our online service stuff for help. Register your trademark today!
3. Does the search engine on Legalhoop stay current?Legalhoop provides regular updates to its search engine database to ensure that up-to-date trademark registrations are presented. Register your trademark today!