What is a Trademark Registration Certificate
What and How to Get
Certificate of trademark is a legal document that claims legal ownership of a person over a mark, name, or legally registered sign. Certificate is signed paper under law from the concerned government office which provides registration of a trademark and provides monopoly right of use of a trademark owner over a class of goods or service. Trademarks enable organizations to shield their business image, advertise in their own style, and forestall other individuals from utilizing their intellectual property with authorization.
In this comprehensive guide, we’ll explore what a trademark certificate is, why it’s crucial for businesses, how to obtain one, and answer some common questions surrounding the trademark registration process.
What is a Trademark Certificate?
Certificate of trademark is certificate of registration wherein affidavit on specific mark has been registered in valid national or international intellectual property registry. Certificate of trademark is worthy of right conferred to owner of a mark if the mark has been so used for time gap period (10 years in normal case) on goods or services on which mark was being used. It is intellectual property protection to have one company’s own sign.
The Importance of a Trademark Certificate
1. Legal Protection
The best kind of benefit of a trademark certificate is confidential legal protection. You are the only owner who gets to utilize the mark on your product or services by registering your mark.
This is simply because nobody else can use your mark or sign of your mark in that way that your customers shall never be confused. Nobody can sue his right against the other person who is misusing his brand unless he holds a certificate of trademark.
2. Brand Recognition and Consumer Trust
Registration of a quality mark give assurance of consistency to the buyers. The mark build trust among the buyers as the buyers are certain that your trademark is your trademark of your products or services. Your trademark create long term goodwill and value of one’s business.
3. Deterrent against Infringement
Registered trademark notifies other people that your trademark name is a trademark, nobody can use your trademark. Putting the ™ or ® symbol behind your name or symbol would notify other people it is an unregistered trademark or registered trademark and nobody would misuse or confuse.
4. Asset Value
Trademarks are assets of a business. Not only a very valuable marketing and branding asset but one which can be licensed, franchised, and sold. Purchasing a trademark is essentially the same as creating and building your brand yourself.
5. National or International Protection
Your protection wherever you are or otherwise will then rely. Where you registered your mark makes it that in the United States, for instance, it would be federal registration of your mark and protection all over the country. Protection from other countries also comes from foreign protection agreements like the Madrid Protocol which helps in foreign defines.
How to Obtain a Trademark Certificate
Step-by-step process to get the certificate of trademark is as follows. Although the process varies state-wise, the process is the same as follows.
- Conduct a Trademark Search
They or him or her will have to conduct a search before filing a trademark application and will have to look ahead in trying to make sure the mark him or her would be trying to file to register wouldn’t be a duplicate. This is the same that is also referred to otherwise known as a search trademark.
You may also quickly browse your nation’s national intellectual property database, that is, America’s USPTO or the EU’s EUIPO. The correct thing would be to know whether someone else has made a pending application for the same mark on identical or very similar goods and/or services.
- Prepare Your Trademark Application
After verifying that your trademark is not used, submit your trademark application by submitting the following:
- You’re drawing of your trademark (i.e., logo, name, slogan, etc.)
- Good or service on which your trademark will be applied
- Your address and name
- Proper class for your good or service (“international trademark classes”)
- Submit Your Trademark Application
Fill out trademark application with intellectual property office in case. Most filled out on-line. Pay filing fee, jurisdiction-related and will vary depending on whether or not filing more than one class.
- Trademark Office Examination
Your application will then be retained in the trademark office, and it will be searched to see if it is conflicting or not. Searching is searching against probable conflicting marks, whether your mark is distinctive and non-descriptive, and whether it would be conflicting with registered marks.
- Responding to Office Actions
If in fact you were to receive some type of error in your application, the trademark office actually owes you a duty of suspension and issuance of an office action to you. It’s basically a letter of objections to your application and why. Objections can be overcome by perhaps providing them with additional information or even perhaps changing your trademark.
- Approval and Issuance of Trademark Certificate
Once you’ve registered your trademark, your trademark office will subsequently go ahead and issue you your trademark certificate. Your certificate is the assurance that your trademark has been registered and that no other person shall be allowed to utilize it but you on your target product or service.
- Keep Your Trademark
After you purchase your trademark certificate, you will renew your trademark from time to time by completing your renewal forms and continue using it. Nonuser will make your trademark ineffective.
Types of Trademarks
- Standard Character Mark
Standard character mark means registration word or phrase but not distinctive look, appearance, or writing style. It is the most common trademark.
- Design Mark
Design mark is word logo or any graphically symbolic brand image. Design mark can be logo, emblem, or words and can be descriptive.
- Combined Mark
Combined mark is word and graphic mark. Word mark and logo design is registered in above trademark.
Trademark Certificate Costs
Trademark certificate price differs by use and where you are. To get a class of goods or services registered in the US, you pay anywhere from $225 to $400. You even get additional fees for additional classes, or you get to place your trademark in the class that you’re suing in so you own your trademark.
Conclusion
Trademark certificate is one of the most powerful tools of law which makes business company name never in trouble and that name would never be sound-alike so close with other business enterprise. Company name Trademark registration never creates any kind of confusion to anyone because it very precisely gives rights to company name and to business enterprise and against its illegal user. Tech-nicely so advance, but in case you already possess a fact like this then company name trademark registration will be very easy to a large degree.
Spend a dime for so trademark certificate, so if you want to be owner of the brand trademark then you are half-way in meeting your wish that you become intellectual property owner of your company.
Frequent Questions Asked (FAQ)
1.) How long does it take to get a trademark certificate?
You receive the certificate of trademark within two months but usually 8 to 12 months in any country. It would be longer if opposition or further information has been requested.
2.) Can I use my trademark before it’s registered?
Mark before registration but not exclusive rights until final registration. Keep using sign until your registration is registered.
3.) How long does a trademark last?
Registered mark for 10 years from the date of registration in normal scenario. Renew and extend it after 10 years.
4.) What happens if someone infringes my trademark?
If your mark is being used by the other party, you can send them a motion for cessation or cease-and-desist letter.
5.) Can I trademark a name that’s already in use?
No, a name which has been used by some other person belonging to the same group or class cannot be trademarked at all. A mark has to be distinctive and not a copy of some other mark.
6.) Do I need a lawyer to register a trademark?
You don’t, if it would be a good thing for your lawyer to guide you through what you are doing so that you do not file for nothing and keep doors open to registration success.
Your trademark won’t be secure and set for future success until you purchase a trademark certificate.