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1968 shows how a state trademark registration will not hold up against a federal trademark registration even if the state registrant is the first to use the mark within the state.
How to register a federal trademark. You can trademark a name logo or phrase used in connection with a product or business service. The process itself can take between one to several years depending on the complexities of your application. Review the trademark publication. Registering a trademark at the federal level protects your brand nationwide. The case of burger king of florida inc.
The use of the u s registration as a basis to obtain registration in foreign countries. Officially registered trademark grants you a federal law protection and stop competitors from using or adopting a trademark similar to yours. The simplest way to register. You get an opportunity to promote your product grow brand recognition and attract customers and investors being the only lawful owner of a product or service you are offering. You may need a qualified attorney to help you register a federal trademark.
As with any investment a prudent owner seeks to protect their interests because failure to do so can result in depreciation of the asset or even total loss. Once your application is reviewed corrected and deemed complete it will be subjected to substantive examination. If it was allowed it will be published in the federal register. The federal statutes governing the registration of trademarks are found in 15 usc sections 1051 1127. Legal presumption of your ownership of the trademark and your exclusive right to use the trademark nationwide in connection with the goods or services.
2d 904 7th cir. Federal trademark registration is an investment that creates a valuable business asset that can be licensed sold and otherwise monetized. Many businesses can file an application online in less than 90 minutes without a lawyer s help. In the united states trademarks may be registered on the federal or on the state level. This group of laws is known as the lanham act.
Do you need to register a trademark with the united states patent and trademark office. There is generally a filing fee of between 275 and 375 per class of goods services. In that case burger king the well known chain sued gene and betty hoots for operating. Then this article is for you print a pdf version of the six steps for registering a federal trademark guide here. Federal registration of a trademark is the process for filing for federal protection of a mark representing a business or commercial activity.
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