Help Center

What is a trademark?

A trademark is a brand. It’s a word, phrase, symbol, or combination of those, that identifies your company as the exclusive provider of your product or service. A trademark must be unique or distinctive and cannot consist of common or generic terms alone.

What does trademark do?

A trademark identifies your company as the exclusive source of your product or service. To the average consumer, a trademark is an instantly recognized symbol of your brand’s goodwill and reputation for quality. Over time, a trademark becomes more valuable as the reputation of the brand comes to be more well-known, and the brand accumulates goodwill.

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.

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, TrademarkTok can assist you by providing a professional filing service. Simply fill a few questions online and let us take care of the rest.

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.

In general, A good trademark name includes at least one unique or “distinctive” word, even if it also includes common, descriptive, or generic terms. Trademarks are grouped into categories according to how strong they are:

The strongest type of trademark is a “fanciful” mark, which is a made-up word or phrase. Famous brands “Xerox” and “Kleenex” are examples of fanciful marks.
An arbitrary mark, such as “Apple” for a computer brand, is another strong type of trademark that uses a real word or words in an unexpected or unusual way.
A “suggestive” mark hints at some characteristic of the products or services covered by the trademark. Suggestive marks combine an imaginative element with a descriptive element. Examples of suggestive marks are “Roach Motel” for a cockroach trap, or “Pizza Heaven” for a restaurant.
A “merely descriptive” mark lacks an imaginative element, and is therefore not strong enough to function as a trademark on its own. As an example, “The Meatball Bar” would be considered “merely descriptive” of a gastropub that serves meatballs. If the government deems your trademark to be “merely descriptive,” you will have to prove you’ve been using it in commerce for more than 5 years, or add a substantial logo design. You will not be able to claim exclusive rights in the descriptive parts of the trademark name; these will have to be “disclaimed.”

When you request to register your trademark through TrademarkTok, an attorney representing you can help you navigate the process.

What should I prepare for the application before placing the order?

A drawing of the mark or simply a word or phrase which could function as a trademark to help clients to identify your goods and services from others.

B. Description of your goods or services that will be sold to your customers. If possible, choose the identifications from the International Classifications here.

Nothing else. Just wait for our communication via email if any special requirements for a TM application in certain countries.

Can I file a trademark application on my own?

Yes, if you are a US citizen, you can file your own application at teas.uspto.gov. But the odds of success for such applications are very low.

Non-citizens and foreign corporations are required to have a US-licensed trademark attorney file their application and represent them during the yearlong registration process.

The United States is one of the most difficult countries in the world to register a trademark, and US trademarks are in high demand worldwide. For that reason, the US trademark registry is very crowded. Most US trademark applications will receive at least one refusal. Approximately 80% of US applications filed by non-attorneys do not succeed in registration.

What are the main steps for TM applications with TrademarkTok?

Just place the order on our website https://www.trademarktok.com/App?country=international and select the countries you would like to apply for, pay our service fee first.

Later, you will be contacted via email by your dedicated consultant regarding whether any supporting materials required and the amount of government filing fee due. If you haven’t heard from us within 3 business days, please check if our emails are spammed or email us via hello@trademarktok.com.

For the rest of the applications, just count on us. We will help you file it properly.

When will I receive the filing receipt from the IP Office?

Once we have got everything confirmed with you via email. We will file the applications as soon as possible, but since different countries may have different schedule in issuing filing receipt, we can not tell exactly. What we can promise is that we will send it to you the first time we get the receipt.

Is my Trademark effective in every country?

No, trademark protection is jurisdiction-specific. This means that a trademark only provides protection for goods and services that are sold in the country that it is registered.

What countries should I file for trademark protection in?

You should consider filing for trademark protection in every country that you are selling your products or services in.

Can I qualify to file a trademark if I only sell products online?

Yes! While every country is different, if you sell products online to customers residing in a country, you are eligible to file for a trademark in that country.

Can I file for a trademark in a country that I currently do not sell to?

It depends upon the country. Some countries allow you to trademark a brand name before you start selling products or services in the country. Other counties require you to be selling in order to apply, and some are a hybrid. These “hybrid” countries, such as the United States, allow you to file for a trademark before you sell in the country, but require evidence of use before they will grant you a registration.

Can filing for a trademark internationally help protect me from counterfeiters?

Yes. As more commerce takes place online, foreign counterfeiting is becoming increasingly prevalent. It is very common for people and entities to file trademarks that do not belong to them, in order to hold them hostage for ransom by the true owner.

Can another company file for my trademark in other countries?

Generally, yes. Some countries, such as the United States, require you to use a trademark in commerce before granting a trademark registration. In these “first to use” countries, the first company that uses a Trademark in commerce has the best rights.

Some countries, such as China, grant rights based on the date that a trademark application is filed, rather than the date that products or services are sold. In these “first to file” countries, it is very common for people and companies to trademark brand names that are popular in other countries. If they file before you, they have the trademark rights in those countries.

If you plan on doing business internationally, you should consult with a Trademark Elite Attorney about securing the brand name before bad actors can steal your branding in foreign countries.

Can I file a trademark in multiple countries at the same time?

Yes. Some countries are part of global communities that allow trademark protection in multiple countries with a single application.

For example, the European Union allows a single application to apply for a trademark in all member countries.

It is also possible to file a single application to the World Intellectual Property Organization (WIPO) to protect a trademark in multiple countries. These trademarks must be based on an existing trademark in your home country, and follow a different slightly different registration process. You should consult with an attorney to see which if any options for filing in multiple countries make sense for your business.

Why file a Trademark in the European Union (EUTM)?

A Trademark in the European Union grants its proprietor rights in all 27 EU member states of the European Union. By filing a single application, you can protect your brand across multiple jurisdictions in the European Union.

Is a European Union (EU) trademark better than a national trademark?

Yes. A national trademark gives protection only in the single country that it has been registered in. An European Union (EU) trademark grants right in all current and future EU Member States.

Another benefit to filing an EU Trademark is the cost. If you conduct business in 2 or more EU countries, it is more cost-effective to apply for the EU trademark, rather than applying in each individual country. Although the government filing fee for an EU mark is higher than the government filing fee in a single country, the EU trademark provides much more protection at a fraction of what it would cost to register in a handful of individual countries.

Trademark Search

The first step of trademark registration is to do trademark search and ensure your trademark does not resemble or is not identical to existing registered trademark. It can be done through online or through trademark office.

There are 45 classes in which any one can register their trademark according to their business activity.

Trademark Goods and Services are divided into 45 industry classes. Classes 001 - 34 are for Goods, and classes 035 - 045 are for Services.

Every product or service that you sell will fit into at least one class. For example, clothing is in Class 25, while education and entertainment services are in Class 41. The classifications are the same in the EU and the US, as well as in most other countries in the world.

Applying a Trademark

Once you complete the trademark search, the next step is to file TM-Application with concerned authority. The Application consist following information:

i. Applicant’s Details

ii. Proposed “Mark”, “Logo”, “Name” to be registered

iii. List of Goods or Services for which trademark will be used

How can I select my EU trademark classification?

You can go to the TrademarkTok Trademark Filing portal here: https://trademarktok.com/App/step1?entry=26. The workflow will guide you through the trademark classification selection process. Once you complete the workflow and place your order, a licensed attorney will conduct a review and advise you. This 3-step process is simple and affordable; most users can complete the online workflow within 5 minutes.

Legal Requirements for Registering Your Trademark

i. Name of Corporate officer/CEO/President who can sign on applicant’s behalf for the declaration of the ownership

ii. If the proprietor does not have their place of business, a real and effective establishment or their domicile in the European Economic Area, they must appoint a representative for all proceedings before the Office except for the filing of the application.

Can I add another class after having filed my application?

Yes, but you will need to file another application. Once an application is filed, no changes can be made. However, the cost to add another class is the same whether you include the additional class on the original application, or file a separate application at a later date.

There is no limit on the number of classes you can add to a trademark and this way, and no time limit for continuing to add additional classes through a separate application.

Is my trademark protected as soon as I file an application?

Protection is not finalized until a mark is registered. However, have the right to oppose any confusingly similar trademark application filed after yours, even if your mark is not yet registered.

Do I have to use ® or TM to show that my EU trademark is registered?

You are never required to use either symbol, but it is a good idea to use the symbols, to put others on notice that you are claiming exclusive rights in your brand name or logo. You may use the ™ symbol at any time, even without a registration. Once your trademark is registered, you may use the ® symbol.

How can I search to see if my trademark is available?

Searching for trademarks before you apply is an important step in minimizing your risk. You can search for registered trademarks using our search tool on TrademarkTok.com: https://trademarktok.com/Search

Grounds for Refusal of a Trademark

i. The proposed trademark is merely descriptive or deceptively misdescriptive of the applicant's goods or services. Examples of merely descriptive trademarks which could be refused include: "travel guide" for website services featuring travel guides, "denim" for jeans, and "spicy sauce" for salsa.

ii. The proposed trademark resembles a mark already registered with the EUIPO, so that use of the applicant's trademark would likely cause confusion, mistake or deception.

iii. Other informality issues that may require corrections. These issues could be easily avoided by applying with a trademark agent.

Trademark Maintenance and Renewal

For your trademark registration to remain valid, you must file a Trademark Renewal between the 9-year and 10-year anniversaries of your original registration, and at each subsequent 10-year interval. If you do not renew the registration in time, your trademark will be expunged from the Register of Trademarks.

Ownership Change or Assignment Recordation

A trademark is a form of property. You can sell, bequeath or transfer your rights to someone else through an assignment. To avoid ownership disagreements, you should formally file the request for recording the changes in ownership.

You should also request to formally record anything else that affects the ownership a trademark, such as a change of name or a business merger.

Consider Hiring a Trademark Agent

Preparing and following through on your trademark application can be a complex process. Whoever does it needs a lot of knowledge about trademark law and how the Registrar's office works.

A trademark agent will make sure that your application is properly written so that your trademark will be protected. This is especially important if someone challenges your right to the trademark.

If you are domiciled in the member states of EU, you do not have to hire an agent but it is often advisable to do so. If you are domiciled outside of EU, you have to hire an agent for the application.

Once you have an agent, the Registrar will correspond with that person. You may change trademark agents at any time.

When should I apply for trademark protection in China?

It is important to apply for trademark protection in China as early as possible. China is a “first-to-file” country, unlike USA or Canada. It means that the first person to file a trademark application will generally have priority over a prior user of the trademark in China. In China, applications can be filed and registered without the so-called statement of use or intent to use. If a trademark has not been used in China for three years, it may be subject to cancellation for non-use.

Trademark Search

The first step of trademark registration is to do trademark search and ensure your trademark does not resemble or is not identical to existing registered trademarks. It can be done through online or through the trademark office.

There are 45 classes in which any one can register their trademark according to their business activity.

What are the types of trademarks that can be registered in China?

The following marks or signs are accepted for registration:

Words
Names
Devices
Certain 3-dimensional shapes
Slogans
Colors
Sounds
Get-up or trade dress
Combination of all of the above elements
Collective marks
Service marks

Applying a Trademark

Filing requirements in China

For obtainment of the date of filing, a trademark application in China should contain:

- a representation of the trademark;

- a list of goods and services;

- the applicant's details;(business license /passport)

- the Power of Attorney.

Legal Requirements for Registering Your Trademark

Foreign applicants that wish to start trademark prosecution in China must appoint an agent, a Chinese IP attorney and provide POA.

What is a power of attorney (POA)?

A power of attorney is a legal document that allows someone else to act on your behalf.

(1) One trademark registration application requires one power of attorney. The applicant may use the form provided by us, which he only needs to apply his/its name and date thereto. Neither notarization nor legalization is necessary.

(2) The original power of attorney shall be submitted to the Chinese Trademark Office together with the filing documents. If time is pressing, a faxed copy may be submitted first, with the original to be supplemented as soon as possible.

Grounds for Refusal of a Trademark

1. For the registration of trademarks, the P. R. China adopts the "First Filing Principle". When filing an application for registration, the applicant does not have to submit supporting materials on first use or intending to use.

2. Article 8 of the Chinese Trademark Law stipulates the following words or designs cannot be used as trademarks:

those identical with or similar to the State name, national flag, national emblem, military flag, or decoration, of the People's Republic of China;
those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries;
those identical with or similar to the flags, emblems or names, of international intergovernmental organizations;
those identical with or similar to the symbols, or names, of the Red Cross or the Red Crescent;
those relating to generic names or designs of the goods in respect of which the trademark is used;
those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademark is used;
those having the nature of discrimination against any nationality;
those having the nature of exaggeration and fraud in advertising goods;
those detrimental to socialist morals or customs, or having other unhealthy influences.

3. The Chinese geographical names as the administrative divisions at or above the county level and the foreign geographical names well known to the public shall not be used as trademarks, but such geographical names as have otherwise meanings shall be exclusive.

Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.

4. Where there are some designs or wordings in a trademark design that are not allowed to be registered (only referring to the designs or wordings falling under items (5) and (6) under Article 8 of the Chinese Trademark Law as mentioned above), and, further, these designs or wordings are so close as to be inseparable from the trademark as a whole, and the deletion thereof will bring about great impact thereto, the applicant may disclaim said designs or wordings.

Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 15 months, if no objections or oppositions arise.

Trademark Maintenance and Renewal

A trademark in China is valid for ten years from the date of registration. A request to renew the registration must be filed within twelve months prior to the date of expiration. A grace period of six months is allowed by paying a corresponding surcharge. A trademark may be renewed each time for a period of ten years.

Ownership Change or Assignment Recordation

For recordation of the assignment of registered trademark, an application should be filed by both the assignor and assignee. The assignee should proceed with the assignment procedures.

The Chinese Trademark Office requires that a trademark registrant assign all of its/his/her identical or similar registered trademarks on identical or similar goods/services at the same time.

Upon approval, the Trademark Office will issue relevant certificates to the assignor and assignee.

Requirements on Application for Assignment of Registered Trademark

Instruction letter, stating the name and address of the assignee, preferably with Chinese versions.
the registration number.
a copy of registration certificate for our verification.
Power of Attorney, executed by the assignee.
Application form for the recordal of the assignment of the registered trademark, executed by both the assignor and the assignee.
Where the designated goods of the assigned trademark registration is for medicine for human use, baby foods, or dietetic products for medical use, copies of assignee's manufacture and sales licenses shall be submitted.

Trademark Search

There are 45 classes in which any one can register their trademark according to their business activity.

Applying a Trademark

Once you complete the trademark search, the next step is to file TM-Application with concerned authority. The Application consist following information:

i. Applicant’s Details

ii. Proposed “Mark”, “Logo”, “Name” to be registered

iii. List of Goods or Services for which trademark will be used

Legal Requirements for Registering Your Trademark

i. Name of Corporate officer/CEO/President who can sign on applicant’s behalf for the declaration of the ownership

Reasons to register your trademark in Canada

It shows that you own the rights to your brand
It gives you exclusive rights to use the trademark in Canada.
It acts as a deterrent to other people using confusingly similar trademarks.
It allows you to stop trademark infringement by others.
It helps prevent counterfeit goods
You may be eligible to for certain benefits on Amazon.com (the Amazon Brand registry) and other online retailers

Search the Canadian Trademarks Database

Prior to filing, it is best practice to conduct a search of existing trademarks to check whether your trademark could be confusingly similar to a mark that is already registered in Canada.

You can perform a search through the Canadian Trademarks Database on our website. The listings cover trademarks (active and inactive).

It is best to check for different possible versions of the trademark that you want to register. For a standard character trademark (word or words), consider searching for alternate spellings, and translations in French.

To start your search, visit our Canadian Trademarks Database

Grounds for Refusal of a Trademark

ii. The proposed trademark resembles a mark already registered with the CIPO, so that use of the applicant's trademark would likely cause confusion, mistake or deception.

iii. Other informality issues that may require corrections. These issues could be easily avoided by applying with a trademark agent.

Trademark Maintenance and Renewal

For your trademark registration to remain valid, you must file a Trademark Renewal between the 9-year and 10-year anniversaries of your original registration, and at each subsequent 10-year interval. If you do not renew the registration in time, your trademark will be expunged from the Register of Trademarks.

Another of your responsibilities as the owner of a trademark is to use the trademark in Canada. If you do not use it, the registration could be expunged from the Register of Trademarks by the Registrar. The Registrar could start summary expungement proceedings, after three years beginning on the day on which a trademark is registered, either on their own at any time during the life of the registration, or if another party pays the proper fee and asks them to.

Ownership Change or Assignment Recordation

You should also request to formally record anything else that affects the ownership a trademark, such as a change of name or a business merger.

Consider Hiring a Trademark Agent

Preparing and following through on your trademark application can be a complex process. Whoever does it needs a lot of knowledge about trademark law and how the Registrar's office works.

A trademark agent will make sure that your application is properly written so that your trademark will be protected. This is especially important if someone challenges your right to the trademark. You do not have to hire an agent but it is often advisable to do so.

Once you have an agent, the Registrar will correspond with that person. If you cancel that arrangement, the Office will then correspond with you directly. You may change trademark agents or choose to no longer have one at any time.

Trademark Search

There are 45 classes in which any one can register their trademark according to their business activity.

Types of Australian trademarks

Your trademark, often called a brand, is your identity. It’s the way you show your customers who you are.

It might be your corporate logo, a jingle you use in an advertisement, your business name painted on the side of your truck or your signage or packaging.

A trademark can also be a:

word (in a plain font or a ‘fancy’ font)
phrase
letter
number
logo
picture
aspect of packaging
or a combination of the above...

Applying a Trademark

Once you complete the trademark search, the next step is to file TM-Application with concerned authority. The Application consist following information:

i. Applicant’s Details

ii. Proposed “Mark”, “Logo”, “Name” to be registered

iii. List of Goods or Services for which trademark will be used

Legal Requirements for Registering Your Trademark

i. Name of Corporate officer/CEO/President who can sign on applicant’s behalf for the declaration of the ownership

ii. If the proprietor does not have their place of business, a real and effective establishment or their domicile in Australia, they must appoint a representative for all proceedings before the Office except for the filing of the application.

Is a trademark a design?

Intellectual property (IP) rights for a design are different from a trademark.

One of the key differences is that a design needs to be unique or new to be registered and a trademark does not.

Also, a design refers specifically to the new visual features of shape, configuration, pattern or ornamentation of a product.

Examples of trademarks include:

the phrase/word ‘The Airpocket’
the flying red kangaroo is on the tail of Qantas planes.

Examples of designs include:

the new shape of the seat on an ergonomic chair
the new visual features of a Breville juicer

Trademark Examination in Australia

Once your trademark application is submitted to the Australia Trademark Office, it will go into a stockpile to be examined. Depending on the nature of your application, the time period it will take to be examined will vary.

When your application is ready for acceptance, it will be accepted and advertised for opposition purposes. It's important to know that you will need to wait for at least 7 months from when your trademark is filed until it becomes registered. This allows the IP Australia examiner to ensure your trademark application meets international agreements.

The examination process of a trademark means the trademark examiners check your application to make sure it contains all the correct information and meets legislative requirements.

While some errors can be easily corrected, others cannot. This is why it is imperative you get a Trademark attorney to help you in applying for a trademark. Mistakes could be costly and government fee refunds are not available if you have made errors in your application and you have to re-submit it.

Grounds for Refusal of a Trademark

ii. The proposed trademark resembles a mark already registered with the IP Australia, so that use of the applicant's trademark would likely cause confusion, mistake or deception.

iii. Other informality issues that may require corrections. These issues could be easily avoided by applying with a trademark agent.

Trademark Maintenance and Renewal

For your trademark registration to remain valid, you must file a Trademark Renewal between the 9-year and 10-year anniversaries of your original registration, and at each subsequent 10-year interval. If you do not renew the registration in time, your trademark will be expunged from the Register of Trademarks.

Ownership Change or Assignment Recordation

You should also request to formally record anything else that affects the ownership a trademark, such as a change of name or a business merger.

Consider Hiring a Registered Trademark Agent

Preparing and following through on your trademark application can be a complex process. Whoever does it needs a lot of knowledge about trademark law and how the Registrar's office works.

A trademark agent will make sure that your application is properly written so that your trademark will be protected. This is especially important if someone challenges your right to the trademark.

If you are domiciled in Australia, you do not have to hire an agent but it is often advisable to do so. If you are domiciled outside of Australia, you have to hire an agent for the application.

Once you have an agent, the Registrar will correspond with that person. You may change trademark agents at any time.

Trademark Search

There are 45 classes in which any one can register their trademark according to their business activity.

Applying a Trademark

Once you complete the trademark search, the next step is to file TM-Application with concerned authority. The Application consist following information:

i. Applicant’s Details

ii. Proposed “Mark”, “Logo”, “Name” to be registered

iii. List of Goods or Services for which trademark will be used

Legal Requirements for Registering Your Trademark

i. Name of Corporate officer/CEO/President who can sign on applicant’s behalf for the declaration of the ownership

ii. If the proprietor does not have their place of business, a real and effective establishment or their domicile in UK, they must appoint a representative for all proceedings before the Office except for the filing of the application.

I want to register my trademark in the UK. What is the process?

TrademarkTok can guide you through this process with 3 easy online trademark registration steps. By applying your trademark online with us, TrademarkTok will ensure that your application is filed in the correct way. Once you complete the online steps and make the payment, our attorney will recommend the most appropriate class(es) and good/service description to best protect your interest. Once the filing details are finalized with you, our attorney will submit your trademark application to the UKIPO, and you will be charged for the UKIPO government fee at this step.

What will happen after I apply for a UK trademark in the UK IPO?

Once your trademark application is filed with UK IPO,

You will get feedback on your application (an examination report) in up to 35 working days.
If the UK IPO examiner has no objections, your application will be published in the trademarks journal for 2 months, during which time anyone can oppose it.
Your trademark will register once any objections are resolved - you'll get a certificate to confirm this.

Grounds for Refusal of a Trademark

ii. The proposed trademark resembles a mark already registered with the UKIPO, so that use of the applicant's trademark would likely cause confusion, mistake or deception.

iii. Other informality issues that may require corrections. These issues could be easily avoided by applying with a trademark agent.

Trademark Maintenance and Renewal

Another of your responsibilities as the owner of a trademark is to use the trademark in UK. If you do not use it, the registration could be expunged from the Register of Trademarks by the Registrar. The Registrar could start summary expungement proceedings, after three years beginning on the day on which a trademark is registered, either on their own at any time during the life of the registration, or if another party pays the proper fee and asks them to.

Ownership Change or Assignment Recordation

A trademark is a form of property. You can sell, bequeath or transfer your rights to someone else through an assignment. To avoid ownership disagreements, you should formally tell the Registrar about changes in ownership.

You should also tell the Registrar about anything else that affects the ownership a trademark, such as a change of name or a business merger.

Consider Hiring a Trademark Agent

Preparing and following through on your trademark application can be a complex process. Whoever does it needs a lot of knowledge about trademark law and how the Registrar's office works.

Once you have an agent, the Registrar will correspond with that person.You may change trademark agents at any time.

What is a Trademark Search?

A trademark search is a search of public and/or private databases to find out whether your desired trademark is available.

You do not have to do a trademark search. But if you start using a trademark, or pay to apply for registration of a trademark without doing a search, you may later discover that someone else already owns a conflicting trademark. If this happens, you may be liable for trademark infringement. If the other person started using their mark earlier than you used yours, you will not be able to get a trademark registration. In addition, you will be required to choose a different trademark and change all of your branding. This can be frustrating and very expensive. You should at least run a free trademark search on TrademarkTok search engine before you request to file your trademark to the government trademark office.

A good trademark search can help you avoid these risky and expensive mistakes. By investing a little extra time and money to do a clearance search, you will be able to have the confidence of applying for a trademark that is actually available. We recommend you at least run a free trademark search on the TrademarkTok search engine platform.

Why do I need a Trademark Search?

Before you apply for a trademark, you should run a trademark search on TrademarkTok platform to see if any other trademarks are already registered or applied for that are:

(A) similar to your trademark and

(B) used with related products or services

A trademark that is similar to yours and used with related products or services may block your trademark from being registered because it creates a likelihood of confusion. Doing a search before you file your application can help avoid expensive errors.

The government trademark office does not guarantee registration. They approve or reject new applications on a case-by-case basis. Once an application is filed, no changes are permitted. The government trademark office will not refund fees for rejected applications. You should at least run an online trademark search on TrademarkTok.com trademark search engine before you request to file your trademark with the government trademark office.

What is a preliminary trademark search?

A preliminary trademark search may also called a “knockout” search or “exact match” search. This type of search identifies identical names, and names that may differ by one or more letters from your desired trademark name.

A preliminary search can be completed at a very low cost (such as using TrademarkTok online search engine for free trademark search), but it does not give you a complete picture of likelihood of success. TrademarkTok.com offers unlimited free trademark searches to find similar and exact matches with the trademark records from the government trademark office.

A preliminary search shows you if the exact name you want to register is available. It does not show you whether there are similar names or names registered in related categories that will prevent your application from being approved.

A preliminary search also does not tell you if someone else has prior rights in a trademark that is similar or identical to the one you want to use, even if they have never registered that trademark. Not knowing this information could be fatal to your branding strategy.

What is a Comprehensive Trademark Search?

Although TrademarkTok.com offers unlimited free trademark search, you may need a Comprehensive Trademark Search. A Comprehensive Trademark Search looks at multiple public and private databases of company names, domain names, state trademarks, press releases, business publications, among others. This type of search identifies trademarks that may not be identical, but may block your efforts at registration for other reasons.

A Comprehensive Search can show you if there are other registered marks that, while not identical, are “confusingly similar” and therefore likely to result in marketplace confusion. “Confusingly similar” trademarks will cause your application to be refused.

A Comprehensive Search can also show you if someone has trademark rights in a name similar to yours even though they have not applied for an official trademark registration. For example, the United States is a “first to use” country. Someone who started using a trademark before you, even if they did not federally register the name, has rights that will cancel out your rights to that name, or any “confusingly similar” name.

The only way to uncover these unregistered marks is a Comprehensive Trademark Search.

Unregistered trademarks create tremendous silent risk for new applicants. Even after you successfully register your desired trademark, the owner of the unregistered trademark can petition to cancel your registration. To succeed, they only have to prove they sold products under the name before you did.

In a worst-case scenario, you could even end up being liable for infringement damages of up to triple the profits you made during the years you used the trademark while knowing about the other brand owner.

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.

Can I Conduct a Free Trademark Search on TrademarkTok.com?

TrademarkTok offers an online trademark knockout search:

Free Trademark Search in the United States

Free Trademark Search in Canada

Free Trademark Search in China

NOTE: Free knock-out search can be helpful in conducting an initial search for potentially conflicting trademarks, it can NOT replace the expertise and experience of a professional trademark attorney when it comes to conducting a thorough search and providing legal advice on trademark matters.

What is statement of use?

A proper Statement of Use Form is filed with the United States Patent & Trademark Office to maintain a live status of your trademark. This helps avoid abandonment and someone else snatching it.

A Statement of use (SOU) is one of the official forms used by the United States Patent and Trademark Office. It can only be filed once a business has started to use a trademark. This means you can't register a trademark just to tie it up, you need to use it in commerce.

If you file your trademark on the basis of intent to use, you must file a Statement of Use to show you are using it to sell goods and/or services. If you aren't ready to file the SOU, you need to file a Request for Extension of Time to File a Statement of Use within six months when your Notice of Allowance is issued. The extensions can be filed every six months for up to 36 months.

Why do I need to file a statement of use?

Without filing the Statement of Use, your trademark application cannot be finalized and approved. This helps lessen confusion that might exist if multiple trademarks get registered but never used.

If you are not sure about whether you can use a certain name, you can consult our online service stuff for help.

When do I need to file statement of use?

When you got a notice of allowance, you must file a Statement of Use to show you are using it to sell goods and/or services. If you aren't ready to file the SOU, you need to file a Request for Extension of Time to File a Statement of Use within six months of when your Notice of Allowance is issued. The extensions can be filed every six months for up to 36 months.

What is required to file a statement of use with TrademarkTok?

Just provide us specimens to prove use of the mark in commerce on or in connection with all the goods and services listed in the application.

For the rest, just count on us. We will help you to prepare the paperwork.

What kind of specimens should I provide?

The acceptable specimens for goods should be tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale. Showing a photo only of a decorative element does not count. Standards allow for the small logo to be placed at the left breast of a shirt as it's deemed to create the commercial impression.

If you sell services, advertising and marketing materials, brochures, photographs of business signage and billboards, and webpages that show the mark used in the actual sale, rendering, or advertising of the services will serve as the acceptable specimens.

What TrademarkTok can help with my statement of use?

We will give our opinions regarding to the acceptability of your specimens. We will help our client prepare the paperwork and file the statement of use on their behalf with affordable service fee.

What is the expected cost to work with TrademarkTok for a statement of use?

TrademarkTok charge flat service fee as $125 for helping our clients preparing and filing a statement of use.

The government filing fee depends on the number of classes included in the application and whether an extension or a statement of use is required. The USPTO will charge $100/class for processing the statement of use and $125/class for the extension of the statement of use. Since we can not tell the amount of government filing fee due at the time you place the order, this amount will be charged later after we review your case.

When will I get response from TrademarkTok after placing the order?

TrademarkTok support team will usually send an email to our clients within 2 business days after the clients place their orders. If you haven’t got the email, please check whether it’s spammed or you may contact us via hello@trademarktok.com directly.

What is an Extension to File a Statement of Use?

An extension to file a Statement of Use (“Extension”) allows a trademark an additional six months to file their statement of Use. By requesting an extension, The USPTO will allow an applicant an additional 6 months to respond to a Notice of Allowance before the trademark is considered abandoned.

When do I need to file a Trademark Statement of Use Extension?

Applicants should consider filing a statement of use when they are seeking to protect their brand prior to goods and services being available for sale to the public. Many companies will begin developing or marketing brands prior to their release. For example, the Captain America: Civil War trademark application was filed in 2014 - two years before its theatrical release in 2016. Since a trademark cannot be registered until the products or services are available in commerce, many companies protect their brands as soon as development on a new brand begins by filing on an intent-to-use basis, and multiple extensions while they wait to launch their products.

How much time does each extension grant?

Each statement of use extension grants the applicant an additional six months to file its statement of use.

How many Statement of Use Extensions can I file?

You may file up to five extensions. You have six months from the date you receive a notice of allowance to file the statement of use, plus a maximum of 30 additional months from the five extensions. In total, you can protect your brand for up to three years from the date you receive a notice of allowance from the USPTO, allowing plenty of time to develop and market your brand while still offering trademark protection.

What happens when I use all five Statement of Use Extensions?

After the 5th and final extension is filed, if you still are not selling any products or services featuring your trademark, the application will be considered abandoned. However, you can file a new trademark application if you still intend to use the brand in the future, effectively resetting the clock.

What is the cost to file a Statement of Use Extension?

The Government charges processing fees of $125 - $200 for each extension to file a statement of use. If you use an attorney to file, the attorney fees to prepare and file your statement of use will vary significantly based on the attorney’s hourly rate.

We charge a fee of $125 per class for preparing and filing each Extension to File a Statement of use.

What is an office action issued on trademark applications?

An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal problems with your chosen trademark, as well as with the application itself. You must resolve all legal problems in the office action before we can register your trademark.

What are the common types of office actions?

In an office action, an examining attorney may require that you fix legal problems with the application itself ("requirements") by making simple revisions, such as clarifying your goods or services, entity type, trademark drawing. (referred as simple office actions by TrademarkTok)

Or if the specimens don’t meet the requirement, you will get an office action requiring substitute specimens as well. (referred as simple office actions by TrademarkTok)

An examining attorney may also raise legal rejections ("refusals"), such as refusing your application because your chosen trademark is likely to be confused with an already registered trademark. (referred as complex office actions by TrademarkTok)

How do I know if my application has received an office action?

USPTO will update the status of your trademark application, and notify the contact person(s) on the trademark application, usually by email. If you have an attorney assisting you with your trademark filing, they will notify your attorney, who will bring it to your attention promptly.

If you filed your application on your own, or through self-help filing like trademarktok, you need to be sure to watch the status of your mark yourself, or use our free trademark alert service to get status updates in real-time.

How much time can I wait to respond to an office action?

You have three months to respond to an office action from the date it was issued.

What happens if I do not respond to an office action?

If you receive an office action, the USPTO allows you to respond within three months. If you do not respond to an Office Action, your trademark will become abandoned.

How long does it take the government to review my Trademark Office Action Response?

The government will generally read and reply to your office action in one to three months. If the government accepts your amendment/argument, your application will move forward towards registration. If it does not, they will issue a final Office action. This final office action is not really final, as you have another chance to respond.

What is an Office Action Extension?

Beginning in December 2022, applicants must respond to office actions issued by the US Trademark Office within three months, down from six months. Applicants have the opportunity to extend the response deadline to six months, but must file for an Office Action Extension in order to do so. Filing the extension allows applicants an additional three months to respond to the office action.

What is the expected cost to work with TrademarkTok for OA response?

What is the expected cost to work with TrademarkTok for OA response? For simple office actions, we will charge flat service fee as $149. Usually no government filing fee will be charged. But, if any, it will be charged separately.

For complex office actions, we will charge flat service fee as $399. Usually no government filing fee will be charged. But, if any, it will be charged separately.

How long will we get contacted by TrademarkTok once our order is placed?

TrademarkTok support team will usually send an email to you within 2 business days after your order is placed and state clearly what we may need from your side. If you haven’t got the email within 3 business days, please check whether it’s spammed or you may contact us via hello@trademarktok.com directly.

What is an Office Action Extension?

Beginning in December 2022, applicants must respond to office actions issued by the US Trademark Office within three months, down from six months. Applicants have the opportunity to extend the response deadline to six months, but must file for an Office Action Extension in order to do so. Filing the extension allows applicants an additional three months to respond to the office action.

When is the deadline to file an Office Action Extension?

You must file for an extension of time within three months of the Office Action issue date. If you miss the three-month deadline, you may still revive the application by filing a petition to revive, but must pay additional government fees for the revival, as well as the government fees for the extension of time.

Should I file for an Office Action Extension of Time?

In many cases, it is better to simply file the response to an office action within the three-month deadline in order to avoid extension fees. If you are still debating whether or not you wish to respond, or simply forget to respond before the three-month deadline, then filing an extension may be your best option. Most Office action responses can be drafted and filed by one of Trademark Elite’s experienced trademark attorneys within a few days, but some complex issues require significant time in order to draft and revise a well-reasoned response. It is best to plan at least a month in advance of a deadline to ensure the deadlines can be met. If you are only a few days from the office action deadline, filing for the extension of time allows more time to craft the best response possible.

What is a Trademark Renewal?

What we call a Trademark Renewal can refer to two separate documents:

The first is officially called a Declaration of Continued Use. This document is filed only once, after the trademark has been registered for five years. Oftentimes, people will refer to this as a five-year renewal colloquially.
The other is simply called a Trademark Renewal. A renewal must be filed between nine and ten years after a trademark registers, and every ten years thereafter.

When do I need to file a Trademark Renewal?

You must file a Statement of Continued Use between the 5th and 6th anniversaries of your trademark registration date. You must file a renewal before every 10th anniversary of your registration.

In short, you’ll need to file documents with the USPTO before the 6th, 10th, 20th, 30th, 40th (and so on) anniversary of your trademark registration date.

What are the requirements to file a Trademark Renewal?

In order to renew a Trademark, you must be using it in the same way you originally applied. So long as the mark doesn't change, and you are still selling the same products, you can renew the mark indefinitely.

The Coca-cola Trademark was Registered in 1892, and is still active and in good standing!

Can I make changes to my Trademark when I renew it?

Generally, no changes are permitted.

How many times can I renew my trademark?

There are no limits to the number of trademark Renewals you can file. It is possible to have an active Trademark Registration indefinitely.

What happens if I do not renew my trademark?

If you do not file a renewal by the appropriate deadline, your trademark will become abandoned, and you will lose your federal trademark registration. You will have to either revive or file a new application in order to preserve your rights.

How much does it cost to file a Trademark Renewal?

The government charges a fee of $525 per class to process a 10-year trademark renewal, and $225 per class to process a statement of continued use (due after 6 years).

If you'd like to use our services, click here to start right now.

What is a Trademark Revival?

Generally, if you fail to file any necessary trademark document (most commonly, Office Action Responses and Statements of Use) your application will become abandoned, and you will lose your federal trademark rights. However, the USPTO grants a 60-day “last chance” opportunity (colloquially called the 60-day revival window) to file certain documents before your application is permanently abandoned. There is a “late fee” for filing in the revival window, however. Failing to file any required trademark documents by the deadline will place your trademark in permanent abandonment.

When do I need to file a Trademark Revival?

If you fail to file a required trademark document by the appropriate deadline, you must file a petition to revive your trademark in addition to the document that was due.

How much time does a trademark revival get me?

You may have up to 60 days to file a trademark petition to revive after missing certain types of mandatory filings related to your trademark. Revival is not always possible, depending on the type of deadline you missed. You will also need to file whatever document was late within two months of its original due date.

How many times can I file a Revival?

You may file a petition to revive only one time per late document; however, a single application can have multiple petitions to revive.

For example if you miss the deadline to file an Office Action Response, and later you miss the deadline for filing your Statement of Use, you may file two petitions to revive relating to the same application.

What happens if I do not revive my trademark by the end of the revival window?

Your trademark application or registration will become permanently abandoned if you fail to file a revival and the relevant late document within 60 days of its original due date. Filing a trademark revival is the last chance to keep your trademark rights!

What happens if I do not file the late document after a trademark petition to revive is filed?

We will file your petition to revive at the same time as the late document. The petition to revive comes with its own government fee, and has the same deadline as the late document itself. There would be no point in filing a petition to revive relating to something you might file later!

How much does it cost to file a trademark revival?

The government charges a fee of $275 per application to process a trademark revival. If you use an attorney to file, the professional fees to prepare and file your statement of use will vary significantly based on the attorney's hourly rate.

We charge a flat professional fee of $199 per class per application to prepare and file a trademark revival.

What is a Trademark Cease & Desist Letter?

A Trademark Cease & Desist Letter is a letter from another trademark owner (or their attorney) demanding that you stop using your trademark. If you receive such a letter, it means that another trademark owner believes your trademark is too similar to theirs, and will cause consumer confusion in the marketplace.

What should I do if someone else is using my trademark without my permission?

Trademark owners send a Trademark Cease & Desist Letter to put a would-be infringer on Notice that they are violating your trademark rights. A Trademark Cease & Desist Letter demands that the would-be infringer immediately “cease” (stop) using the infringing name, or face legal consequences. Most trademark disputes begin with a Trademark Cease & Desist Letter.

What should I do if I get a Trademark Cease & Desist Letter?

If you get a Trademark Cease & Desist Letter, you should immediately contact an attorney to help you prepare a response. The appropriate response strategy will be different depending on your unique situation. There are many ways to resolve a trademark dispute arising from a Trademark Cease & Desist Letter. Our attorneys will help you design a strategy that best suits your business needs and budget.

How much will it cost to respond to a Trademark Cease & Desist Letter?

Legal fees for responding to a Trademark Cease & Desist Letter will vary based on the strategy that you and your attorney design.

Can I respond on my own to a Trademark Cease & Desist Letter?

Although you can respond on your own to a Trademark Cease & Desist Letter, we strongly recommend that you seek professional help from an attorney who specializes in trademark disputes. You may have rights that you’re not aware of. An attorney can help you evaluate all of the options available to protect your rights and your business.

What happens if I ignore a Trademark Cease & Desist Letter?

Ignoring a Trademark Cease & Desist Letter can expose you to significant financial penalties. If you do not respond to a Trademark Cease & Desist Letter, the other party may file a lawsuit in federal court, asking for damages in the amount of all profits during the infringement activity. If a judge finds you committed willful infringement, they can triple the amount of damages awarded against you.

What is a trademark assignment?

A Trademark assignment is a document that is recorded with the USPTO to memorialize the transfer of ownership of a trademark registration to a new owner.

When do I need to file a trademark assignment?

Anytime a trademark changes ownership, you should record an assignment agreement. For example, an assignment should be recorded if you sell your trademark, if you gift your trademark to someone else, or if your corporate structure changes such that a new entity ends up owning the trademark rights.

Do I need to record an assignment if I sell my company?

Sometimes. If a company is the owner of the trademark and the company is sold, the rights provided by a Trademark Registration pass with the company to a new owner by default.

If you are intending to sell a company and retain the trademark rights, either under your own name or a new company, then you should record a Trademark Assignment before the company is sold.

What is a Trademark Opposition?

After the Government completes its examination of your trademark application, the application is published for 30 days in the Official Gazette. During this time, any third party can object to the registration of your trademark. The objection is called a Trademark Opposition. A Trademark Opposition is similar to a lawsuit. Federal Rules of Evidence and Civil Procedure apply.

How do I find out about a Trademark Opposition against my trademark?

The Trademark Trial and Appeals Board will email a copy of the Notice of Opposition (Complaint) to the email address on file with the US PTO for your trademark application. Along with a copy of the Notice, the Board will issue a schedule with deadlines for each phase of the Trademark Opposition lawsuit.

What should I do if my trademark is opposed?

If you receive a Trademark Notice of Opposition, you should immediately contact an attorney. Time is of the essence! You have a limited amount of time to file an Answer/Response.

What happens if I ignore a Trademark Opposition?

If your trademark application receives a Trademark Opposition, you must file an Answer (response) before the deadline set by the Board. Failing to file an Answer by the deadline can result in a default judgment and abandonment of your trademark application.

What is Trademark Monitoring?

While the USPTO will prevent obviously infringing marks from becoming registered, Trademark owners are responsible for enforcing their own trademark rights. In order to enforce your rights, you need to know when others are using trademarks that are similar to yours. Trademark Monitoring gives the information you need to enforce your trademark rights!

Are there different types of trademark monitoring?

There are many types of trademark monitoring. The most basic type of trademark monitoring, federal trademark database monitoring, searches trademark applications that have been filed with the USPTO, and alerts you when similar trademarks to yours have been filed.

Some monitoring services also search State Trademark Databases. Unfortunately, not all states have online searchable databases, but many do. There is also international trademark database monitoring. These services also search trademark applications and registrations in different countries throughout the world.

Additionally, some monitoring services will also monitor the internet for infringing branding. If you're going to have a trademark, you should, at the very least, monitor the US federal database, but more valuable marks often monitored all over the world!

Why do I need to monitor my trademark?

If you are not monitoring who your trademark is, you cannot fully enforce your trademark rights. This can result in others using your trademark terms and diluting the value of your brand. Someone else may even register a trademark very similar to yours, and you may miss the chance to oppose it!

In extreme cases, it can also lead to a brand becoming “generic,” which may limit the extent to which you can enforce your rights in the future.

What do I do if I find a trademark that infringes on Mine?

There are many options ranging from a simple cease and desist letter, to filing an opposition to a registration, to filing a lawsuit in federal court, depending on the circumstances. If you believe someone is infringing upon your trademark rights, consult an attorney for advice!

How much does trademark monitoring cost?

Trademark monitoring costs vary widely depending on which databases are being monitored. Monitoring International, State, and federal registries, in addition to use on the internet can cost tens of thousands of dollars per year.

US Federal trademark monitoring is a cost-effective approach that makes more sense to small and medium size businesses.

We charge a fee of $199 per mark for federal trademark database monitoring.

What can be patented?

Under U.S. patent law, any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent." In general, this means you must satisfy the following four requirements to qualify for a patent:

The subject matter must be patentable.
The invention must be novel.
The invention must have some utility or usefulness.
The invention must not be obvious.

What’s the difference between a design patent and a utility patent?

A design patent protects the unique appearance of a manufactured item–how it looks–and a utility patent protects an item's function–how it works. A utility patent may also be granted to protect a unique process or chemical compound. Some inventions may qualify for both design and utility patent protection, if both the design and the function are unique, and the design does not affect the article's function.

What’s the difference between provisional patent and utility patent?

A utility patent is what most people think of when they think about a patent. It is a long, technical document that teaches the public how to use a new machine, process, or system. The kinds of inventions protected by utility patents are defined by Congress. New technologies like genetic engineering and internet-delivered software are challenging the boundaries of what kinds of inventions can receive utility patent protection.

A provisional patent goes hand in glove with a utility patent. United States law allows inventors to file a less formal document that proves the inventor was in possession of the invention and had adequately figured out how to make the invention work. Once that is on file, the invention is patent pending. If, however, the inventor fails to file a formal utility patent within a year of filing the provisional patent, he or she will lose this filing date. Any public disclosures made relying on that provisional patent application will now count as public disclosures to the United States Patent and Trademark Office (USPTO).

As you apply for a patent, consider all the ways to protect your new device. You can file a design patent to protect the distinctive look of your improved egg beater. You can file a utility patent to protect the machine itself and the way it works. You can even file a provisional patent application to give yourself more time to file your utility application. Different types of applications exist to give inventors options.

As patent filer, do I qualify for Small Entity or Micro Entity Status?

If the filer qualifies for Small Entity Status, the USPTO will offer a 50% discount for government fees; If the filer qualifies for Micro Entity Status, the USPTO will offer a 75% discount for government fees.

To qualify as a small entity for purposes of paying patent fees, you must either be:

The subject matter must be patentable.
The invention must be novel.
The invention must have some utility or usefulness.
The invention must not be obvious.

To qualify as a Micro Entity, the filer must be a Small Entity and must also meet the following criteria:

1.The applicant has not been named as the inventor on a total of more than four utility patents (regular utility patents, as opposed to provisional patent applications), design patents, or plant patents. This also does not include certain international applications and applications owned by a previous employer. In addition, the applicant must have had a gross income in the previous year of less than three times the median household income reported by the Bureau of the Census. (See the USPTO website, here, for current income limits; the most recent publicly available gross income limit is $184,116). In the event that the patent application has been assigned, the assignee must have had a gross (not net) income of less than three times the U.S. median household income; or

2.The majority of the patent filer’s employment income is from an Institution of Higher Learning, or the applicant has assigned, or is obliged to assign the patent to an Institution of Higher Learning. An Institution of Higher Learning is a public or nonprofit accredited institution that admits post-secondary students for programs of not less than two years.

How long does the U.S. design patent or utility patent last?

The term of a design patent is 15 years, beginning on the date the patent is granted. Design patents are not renewable and require no maintenance fees.

A utility patent is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.

Trademark Search

There are 45 classes in which any one can register their trademark according to their business activity.

Applying a Trademark

Once you complete the trademark search, the next step is to file TM-Application with concerned authority. The Application consist following information:

i. Applicant’s Details

ii. Proposed “Mark”, “Logo”, “Name” to be registered

iii. List of Goods or Services for which trademark will be used

Legal Requirements for Registering Your Trademark

i. Name of Corporate officer/CEO/President who can sign on applicant’s behalf for the declaration of the ownership

Grounds for Refusal of a Trademark

i. The proposed trademark is merely descriptive or deceptively misdescriptive of the applicant's goods or services. Examples of merely descriptive trademarks which could be refused include: "travel guide" for website services featuring travel guides, "denim" for jeans, and "spicy sauce" for salsa.

Trademark Maintenance and Renewal

For your trademark registration to remain valid, you must file a Trademark Renewal between the 9-year and 10-year anniversaries of your original registration, and at each subsequent 10-year interval. If you do not renew the registration in time, your trademark will be expunged from the Register of Trademarks.

Another of your responsibilities as the owner of a trademark is to use the trademark in Hong Kong. If you do not use it, the registration could be expunged from the Register of Trademarks by the Registrar. The Registrar could start summary expungement proceedings, after three years beginning on the day on which a trademark is registered, either on their own at any time during the life of the registration, or if another party pays the proper fee and asks them to.

Ownership Change or Assignment Recordation

You should also tell the Registrar about anything else that affects the ownership a trademark, such as a change of name or a business merger.

Consider Hiring a Registered Trademark Agent

Preparing and following through on your trademark application can be a complex process. Whoever does it needs a lot of knowledge about trademark law and how the Registrar's office works.

What kind of works can be protected by a copyright?

Books, movies, songs, artistic drawings, paintings, photographs are all copyrightable. Other two-dimensional and three-dimensional expressions that visually depict three-dimensional objects are also copyrightable. Here is the list of works that are copyrightable:

Written work such as fiction, nonfiction, poetry, textbooks, reference works or articles
Directories or catalogs, advertising copy
Computer programs
Website or online materials
Photograph
Art Work
Maps
Technical drawings
Recorded performance of music or sound
Written music & lyrics, screenplay or script
A choreographic work
A recorded score for a movie or play
Feature film, documentary film, animated film, television show, video, or other audi-visual work

What are the advantages to have your works copyrighted?

Registering your copyright establishes a public record of your claim, allows you to take legal action against infringement, and may entitle you to statutory damages and attorney’s fees in court.

If you are not sure about whether you can use a certain name, you can consult our online service stuff for help.

What are the rights that come with a copyright?

Generally speaking, the owner of a copyright has the right to do the following:

Reproduce copies of the work
Prepare derivative works
Distribute copies
Perform the work publicly either in person or recorded
Display the work publicly

When do I need to register my copyright?

You can file at any time after you complete your work. However, if you register before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate. If you register your work within three months after the publication or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner. In other words, if you wait until there is an infringement to register your work so you can have access to the courts, you may lose the valuable right to seek the recovery of statutory damages and attorneys' fees.

How long does it take to get a copyright registered?

It takes at least nine months for the Copyright Office to review applications. You can expect a letter, telephone call or email from a Copyright Office staff member if further information is needed.

How long does a copyright last?

In most cases, a copyright lasts for the life of the author plus 70 years. If the author of the work died in 2100, then the copyright, in most situations, would last until 2170. For works made for hire, and for anonymous and pseudonymous works, the duration of copyright is 95 years from publication or 120 years from creation (whichever is shorter)

Explanation about "author" and "a work made for hire":

The “author” is the person responsible for the creation of the work, and the copyright in the work immediately becomes the property of the author. That is easy to figure out when one person created it and is responsible for it, as is the case most of the time.

When there is employment or a payment for someone else to create something, it can get a little more complicated. If it’s a work made for hire, the employer will be the author.

“A work for hire” means that it was created by an employee in the course and scope of their employment. This simply means that they created the work as part of their job and it was part of their duties to create these types of things. This would cover the programmer working for Google or the illustrator working for Pixar.

Just because you pay for someone to create a drawing, computer program or design a website, does not mean you own the copyright to it. To own the work done by someone else, it must be a work for hire which means that it was created by an employee in the course and scope of their employment.

But what about contractors? When using outside contractors to create things, it usually requires a written contract assigning the copyright or intellectual property rights to the person paying for the creation for the person paying to own the copyright.

More specifically, Section 101 of the Copyright Act defines a “work made for hire” as: (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

Will my copyright become public record?

Your copyright application is a public record including the identity of the author of the work.

Can I protect my copyright under my pseudonym or artistic name?

Yes. The author of the work can use a pen name, pseudonym or artistic name. You can file it so only the pseudonym appears in the record or you can have it where both are available to the public. While available, filing under a pseudonym may make it harder for you to license your work or enforce it because you will have to prove that you are the person behind the pseudonym. A work filed under a pseudonym enjoys protection that is either the earlier of 95 years from the publication of the work or 120 years from its creation, whichever is shorter. Meanwhile, if the author is identified, then copyright protection lasts for the life of the author plus 70 years.

What should I prepare for the application before placing an order on TrademarkTok?

A. A drawing of the mark or simply a word or phrase which could function as a trademark to help clients to identify your goods and services from others.

B. Specific description of your goods or services that will be sold to your customers. The more specific the better.

C. Specimens if you have already used it in commerce. Nothing else. Just count on us for the rest.

What are the main steps for TM applications with TrademarkTok?

Just place the order on our website https://trademarktok.com/App?entry=19 by paying our service fee first.

Later, you will be contacted via email by your dedicated consultant regarding whether any supporting materials are required and the amount of government filing fee is due ($350/class). If you haven’t heard from us within 3 business days, please check if our emails are spammed or email us via hello@trademarktok.com.

For the rest of the applications, just count on us. We will help you file it properly.

When will I receive the filing receipt from the USPTO?

Once we have got everything confirmed with you via email. We will file the application within 3 business days and you will get the receipt right away when it’s filed.

What does TrademarkTok provide me that I can’t do myself through the United States Trademark Office?

When you request to file a trademark application through TrademarkTok, an experienced U.S. trademark consultant will prepare all the information required for the filing process.

Since 2016, we have helped nearly 10,000 small businesses get their trademarks and patents protected in more than 180 countries. 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. ($199 + Government Fee for the trademark filing package).

Therefore, you gain the expertise of an experienced trademark 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 TrademarkTok, you can receive this service from an attorney. In addition, if and when there are updates to your filing, TrademarkTok automatically notifies you and experts that represent you through TrademarkTok will assist you. Furthermore the 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;
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 TrademarkTok have experience in helping with such matters. All of the things above can be done through an expert that represents you through TrademarkTok. If it’s important for you to protect your brand, it makes sense to have a professional help you through TrademarkTok.

What are "Current use" and "Intent to use" filing basis in the 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.

What kind of specimens should I provide?

The acceptable specimens for goods should be tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale. Showing a photo only of a decorative element does not count. Standards allow for the small logo to be placed at the left breast of a shirt as it's deemed to create the commercial impression.

What is the most common reason an examining attorney refuses registration in the 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 TrademarkTok, you may consult an attorney for some help to place your application in the best light for evaluation by the USPTO.

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 file 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". TrademarkTok makes the process very easy for you, just click here to get started in applying for your trademark.

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 TrademarkTok, an attorney representing you can help you navigate the process.

GOODS

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.

SERVICES

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.

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