Filing an Initial Application in Trademark Electronic Application System (TEAS) to Register your Brand as a Trademark with the USPTO

Filing an Initial Application in Trademark Electronic Application System (TEAS) to Register your Brand as a Trademark with the USPTO

The Trademark Electronic Application System (TEAS) is an online system for filing trademark applications with the United States Patent and Trademark Office (USPTO). If you would like to register your brand as a trademark with the USPTO, you will need to file an initial application. The process is fairly simple, but there are a few key things to keep in mind. That’s where Initiating Protection comes in. We’re here to assist you in protecting your brand.

Which Application to file

First, you will need to choose the appropriate application form. There is one initial application but there are two filing options: the TEAS Standard application and the TEAS Plus application. The only other major difference is that the TEAS Plus requires more information upfront and has a lower fee. With the TEAS Standard application, you can provide some of the required information later.

The Standard Application is the most common type of application filed in TEAS. It requires less information upfront. However, all requirements must be met eventually and a higher filing fee is charged.

The TEAS Plus Application is available for applicants but requires more information up-front when you submit your initial application. As a result, you pay a lower fee per class for goods/services.

What You Need to Include in Your Application

Regardless of which application form you choose, there is some basic information that you will need to include in your initial application.

This includes:

  • The name of the applicant
  • The citizenship of the applicant
  • The application filing basis
  • A specimen of the mark
  • The list of goods and services
  • The classification of the goods and services

If you are using the TEAS Standard application form, you will also need to include:

  • An email address for correspondence with the USPTO
  • A statement of use or intention to use the mark in commerce
  • An acceptable specimen of the mark used in commerce
  • The date of first use of the mark anywhere
  • The date of first use of the mark in commerce

Here are some tips for filing an Initial Application in TEAS:

  • Research your brand – On the form, you will be required to state that to the best of your knowledge, no one else has a right to use the brand.
  • The application process takes several months, know your risk.
  • Make sure you understand the requirements for each application type before you begin.
  • Gather all of the required information and documents before you start your application.
  • Carefully review your application for accuracy.
  • Using an attorney can protect you from future liability.

By following these tips, you can help ensure that your Initial Application in Trademark Electronic Application System (TEAS) is filed correctly and efficiently.

Things to keep in mind

Companies use several brands. Not all of these need to be registered. You should consider whether you will be using this particular brand in the exact format for many years.

An important thing to remember is that you can always narrow your rights over time but you can not expand them. An example would be using a specific font for your registration. You may not change that at a later date.

Always consider your brand protection strategy, along with what goods and services will be included.

Conclusion

Initiating Protection is here to help you file your application and protect your brand. We have helped thousands of clients. We have the experience and the knowledge needed.

You can also find more general information about trademarks and trademark registration on our website at https://initiatingprotection.com/.

If you have any questions or would like assistance in filing your initial application, please contact us at 678-210-6819. We are always happy to help.

Reasons For Getting a Trademark Office Action

Reasons For Getting a Trademark Office Action

When you file a trademark application, you hope to receive a “mark allowed” notice from the USPTO. This indicates that your trademark is approved and registration is imminent. Unfortunately, not all applications result in this outcome. You may receive an office action instead – and this can be cause for concern. In this blog post, we’ll discuss the reasons you might get an office action.

Disclaimer

The most common type of trademark office action is the disclaimer office action. The trademark office may require a trademark disclaimer if the mark is too common. Also if it is too descriptive or if it would be difficult to enforce. For example, if an applicant tries to trademark the word “computer,” the trademark office may issue a disclaimer saying that the word is too common to be trademarked. In most cases, the trademark office will only issue a disclaimer if the applicant tries to trademark a word or phrase that is already in use by other businesses. As a result, applicants who receive disclaimers from the trademark office can still use their trademarked words or phrases. However, they may have to share them with other businesses. A trademark disclaimer gives the trademark owner the right to use the trademark without fear of being sued for infringement. However, it does limit the owner’s rights to the trademark.

Specimen Refusal

Another extremely common way that people misuse trademarks is by failing to use the trademark in conjunction with the actual goods or services that it represents. For example, a trademark for a clothing line. You would need to use the trademark on the clothing itself, in advertising, or on signage. Simply using the trademark as a tagline or slogan without using it in connection with the actual goods or services could result in a refusal of your specimen by the USPTO. When you receive a refusal from the trademark office in response to your specimen submission, it can be confusing and frustrating. However, it is important to understand that this refusal is not necessarily an indication that your trademark will be refused. In many cases, the office simply needs additional information to decide.

Likelihood of Confusion

For a trademark to be registered, it must not be likely to be confused with other existing trademarks. The USPTO considers many factors when determining whether or not a trademark is too similar to another. This includes the similarity of the marks, the similarity of the goods or services associated with the marks, and the likelihood that consumers would mistake one for the other. If the USPTO believes that there is a likelihood of confusion, it will issue an office action requiring the applicant to demonstrate why registration should be allowed. By carefully considering these factors, businesses can help to prevent confusion and protect their valuable trademarks.

Surname Refusal

If you’ve received an office action from the USPTO rejecting your trademark application, it may be because your proposed mark includes a surname. While surnames are not automatically ineligible for trademark protection, they can be difficult to register. To overcome a surname refusal, you will need to show that the mark has acquired distinctiveness. This means that the public has come to recognize the mark as a source indicator for your goods or services. To establish acquired distinctiveness, you may submit evidence of extensive advertising and promotion featuring the mark, long-term use of the mark, or unsolicited media coverage. If you can demonstrate that the mark has acquired distinctiveness, you should be able to overcome the surname rejection and move forward with your application.

Conclusion

The process of filing a trademark application can be difficult and confusing. Trademark office actions from the United States Patent and Trademark Office (USPTO) does not mean that your trademark will never be approved. It is simply an indication that there are some issues with your application that need to be addressed. That’s where Initiating Protection Law Group, LLC comes in. We offer a wide range of services related to intellectual property protection, including trademark prosecution, copyright clearance, and more. Let us help you navigate the complex process of trademark applications and get your business the protection it needs. Contact us today for a free consultation!

What is Included When Submitting an Application to the United States Patent and Trademark Office (USPTO)

What is Included When Submitting an Application to the United States Patent and Trademark Office (USPTO)

When submitting an application to the United States Patent and Trademark Office (USPTO), applicants must include:

Cover Sheet

The United States Patent and Trademark Office (USPTO) requires all applicants to submit a cover sheet with their applications. The cover sheet must include the name and address of the applicant, the brand/trademark in question, the name of the attorney or agent representing the applicant, and the docket number assigned to the application. In addition, the cover sheet must indicate whether the application is for a patent or a trademark. The USPTO also requires all applicants to submit a fee for processing the application. The cover sheet and fee can be submitted online or by mail. Once the USPTO receives the cover sheet and fee, they will assign a filing date to the application and begin processing it.

Specification

The specification is the document in which the applicant for a patent discloses the brand/trademark for which a patent is sought. The disclosure must be full, clear, and concise. In addition, the disclosure must include all of the following: a description of what is being patented;

and an abstract. The specification must also include drawings, if necessary. After filing the application, the applicant may have to file one or more continuing applications to keep the application alive. When an application matures into a patent, it is said to issue. The term of a patent is 20 years from the date on which the application for the patent was filed in the United States.

Claims

The claims of a patent application define the brand/trademark for which patent protection is sought by claiming one or more features of the invention. The claim or claims recite(s) what the applicant regards as the brand/trademark, and it is these recited features that form the basis of the exclusive rights conferred by a granted patent. Furthermore, all of the claims must find support in the corresponding disclosure in order for an application to be successful. The best way to ensure success is to work with a qualified patent attorney or agent, like Initiating Protection, throughout the process.

Abstract

An abstract is a brief summary of the brand/trademark that is included with a patent application filed with the United States Patent and Trademark Office (USPTO). The purpose of the abstract is to provide a concise description of the brand/trademark. The abstract must be included with the application when it is filed, and it must meet certain requirements set forth by the USPTO. For example, the abstract must be no more than 150 words in length, and it must not include any information that is not contained in the body of the application. Additionally, the abstract must be “reasonably confronted” with the claims of the brand/trademark. In other words, it should be possible for someone reading the abstract to understand how the invention meets the claims. Finally, the abstract must not refer to any drawings that are included with the application. Although it may seem like a daunting task to write a clear and concise summary of a brand/trademark, doing so is essential to ensure that readers can quickly comprehend the nature and purpose of the brand/trademark.

Drawing (if applicable)

When submitting an application to the United States Patent and Trademark Office, there are a few things you’ll need to include. One of them is a drawing, if your invention is something that can be illustrated. The drawing needs to show every detail of the brand/trademark. Make sure to include all relevant dimensions, too. If you’re not sure whether or not you need a drawing, the best way to find out is to ask an attorney or patent agent. They’ll be able to help you figure out what’s needed.

How Initiating Protection Can Help

As experienced brand and trademark attorneys, Initiating Protection can ensure all relevant information is included when submitting your application to the USPTO and help streamline your application process.

What is Brand Health Assessment?

What is Brand Health Assessment?

A brand health assessment is a process of reviewing and evaluating all aspects of a brand. By doing this, you are able to gauge its overall strength and performance. This can be done internally by a company’s marketing or management team, or externally by an independent third party. The goal of a brand health assessment is to identify any areas that may need improvement. This will help to maintain a strong and successful brand.

There are many factors that can be included in a brand health assessment, but some of the most common areas that are looked at include brand awareness, customer satisfaction, and brand equity. Brand awareness is a measure of how easily consumers recognize and remember a particular brand. Customer satisfaction looks at how well a brand meets the needs and expectations of its customers. Brand equity is a measure of the value that consumers attach to a brand, based on their perceptions of its quality and reputation.

How to Conduct a Brand Health Assessment

Conducting a brand health assessment can be a valuable exercise for any company, large or small. It can help to identify areas where improvements need to be made in order to maintain a strong and successful brand.

A brand health assessment is a key tool for any marketing manager. It allows you to take a step back and evaluate all aspects of your brand, from its name and logo to its positioning in the market. By understanding the health of your brand, you can make informed decisions about where to invest your resources for the greatest impact.

There are a few different ways to go about conducting a brand health assessment. One approach is to simply survey your target audience and ask them questions about their perceptions of your brand. Another option is to hire a research firm to conduct a more comprehensive study. Whichever method you choose, be sure to ask a variety of questions that will give you meaningful insights into your brand’s performance. Once you have gathered all of your data, it’s time to start analyzing it. Pay close attention to any trends that emerge, and look for any areas where your brand could use improvement. Based on your findings, develop a plan of action for moving forward and continue to monitor your brand’s progress over time. By regularly assessing the health of your brand, you can make sure that it remains strong and relevant in today’s competitive marketplace.

How Initiating Protection Can Help

At Initiating Protection, we started this firm to help the small businesses. And now, for a limited time, we have a great offer for these businesses.
Initiating Protection is offering a Brand Health Assessment for only $275 to a limited number of clients. This written assessment will address the following:

  • What risk does your brand pose to your business?
  • What specific steps should you take to increase your rights in your brand?
  • How strong is your brand?


Also, for an additional $150, an attorney will be happy to further discuss the report and answer any questions you may have about the assessment. This offer is available to a limited number of clients. Contact us today to see how you can turn this risk into a reward!

Why You Should Copyright Your Work

Why You Should Copyright Your Work

Copyright is a type of intellectual property protection that safeguards original works of authorship, such as books, music, and artwork. It is available for both published and unpublished works. Additionally, it is designed to promote the creation of original works. It does this by giving authors certain exclusive rights to their work, including the right to reproduce, distribute, perform, and display the work. Copyright protection also provides certain legal rights to those who use copyrighted materials. This includes the right to make certain limited uses of a copyrighted work without the copyright owner’s permission. Copyright law is governed by federal law, and all copyright infringement claims must be filed in federal court.

How to copyright your work

Copyrighting your work can provide many benefits. It can help to ensure that you are able to control how your work is used. It can also help to prevent others from infringing on your copyright. Copyrighting your work can also help to ensure that you are able to receive compensation for your work if it is used without your permission. In addition, copyrighting your work can help to create a public record of your copyright. This can be useful if you ever need to enforce your copyright in court.

Tips for protecting your copyrighted material

Copyright tips: When you copyright something, you’re essentially creating a paper trail that shows you were the first person to create the work in question. But copyrighting something doesn’t mean that your work is completely protected from being used without your permission. In order to give yourself the best possible chance of being compensated if someone does use your work without permission, there are a few things you can do:

1. Register your copyright with the U.S. Copyright Office. This isn’t required in order to have copyright protection. However, it can be helpful in enforcing your copyright if someone does use your work without permission.

2. Include a copyright notice on all copies of your work. This notice should include your name and the year of first publication.

3. Keep meticulous records of when and where you first published your work. These records can be helpful in proving that you are the rightful copyright holder if someone does use your work without permission.

4. Get a copyright symbol (©) placed on all copies of your work. Again, this isn’t required for copyright protection, but it can be helpful in reinforcing your ownership of the work.

5. Consider registering your work with a copyright collecting society such as the American Society of Composers, Authors and Publishers (ASCAP) or the Broadcast Music Incorporated (BMI). These organizations can help to ensure that you’re compensated if your work is used without permission.

By following these tips, you can help to protect your copyrighted material. This also gives yourself the best possible chance of being compensated if someone uses it without permission.

What to do if someone infringes on your copyright

If you believe that someone has infringed on your copyright, the first step is to send a notice of infringement to the infringing party. This notice should include:

– Your contact information, including your name, address, and phone number

– A description of the copyrighted work that you believe has been infringed upon

– A description of where the infringing material is located on the infringing party’s website or other online service

– A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, their agent, or the law

– A statement, made under penalty of perjury, that all of the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner

– Your physical or electronic signature

After sending this notice, you should also take steps to file a copyright infringement lawsuit if the infringing party does not cease their infringing activity. You may want to consult with an attorney before filing a lawsuit. This gives you a chance to discuss your options and increase your chances of success.

Conclusion

Overall, copyrighting your work can provide many benefits. It is definitely a process that is well worth taking the time to understand. Contact Initiating Protection today to get started!