A trademark is a distinction of goods and services, defined by a term, phrase, symbol, design, or a combination of any.
It’s how clients know you and tell you apart from your competition in the marketplace. Both trademarks and service marks are referred to as “trademarks.” For commodities, a trademark is utilized, whereas a service mark is used for services.
A trademark identifies where your products or services came from. Moreover, it ensures that your brand is legally protected and aids in the prevention of forgery and counterfeiting.
Don’t hesitate to jump the bandwagon and protect your small business brand – here is all you need to know about trademarks and how the LegalZoom trademark application may extend a helping hand in handling your legal affairs.
What Can Be Trademarked?
A trademark can be applied to a phrase, word, symbol, gadget, or even a color. Anything that differentiates your company’s products from those of others qualifies.
However, in order to be protected by the legislation, the object must be utilized in a commercial environment. Trademarks are protected for 10 years.
Some of the purposes they serve include:
- Set your firm out from the competition.
- Indicate where the products came from.
- Set yourself out from the competition with your unique service.
- Allow other firms to establish collaboration thus co-brand with you.
- Indicate whether or not you are a member of a labor union.
- Customers will recognize you if you use a trademarkable symbol. This is especially essential when two businesses in the same industry, for example, have the same name.
There are 3 main types of trademarks including service marks, collective marks, and certification marks.
It’s worth noting that having a trademark doesn’t imply that you have exclusive rights to your logo, a specific color, symbol, or brand name. You are the one who controls the brand, its logo, or the relationship between your goods or services.
Is LegalZoom Beneficial For Small And Medium Businesses?
When you’re a successful business entrepreneur looking for fair and inexpensive insurance for your business trademarks to avoid unethical rivals from snatching your brand, concepts, and clients, then LegalZoom trademark solutions are the perfect option for you.
Therefore, before you begin researching the evaluations of LegalZoom trademark services, consider what degree of trademark professional representation you require:
- Would like to trademark a plain brand name, design, or brand of the product?
- Are you an open-sourced, efficient startup?
If you responded yes to the two queries mentioned, as 80 % of companies do, then LegalZoom trademark licensing is a smart option for you.
Please do not attempt to submit the lengthy and complex registration form at the US Trademark Office alone. It is NOT good enough to justify your effort as a successful businessman, that would be best invested promoting your company than filling out tedious (and complex) government documents.
When To Use An Experienced Trademark Attorney
Nevertheless, if you have a complicated case involving various sectors and worldwide marketplaces, you should certainly visit a legal company specializing in difficult patent law and hire an expert trademark expert. Consider these LegalZoom options.
- Fill out the basic registration of a trademark form. You will provide a model of your patent as a concept or emblem. If your trademark identity is already in use in the industry, you will give an example of different uses, such as company tokens, images of shop signage, and items.
- LegalZoom scans the registered trademark registry for apparent (and potential) disputes with your company’s corporate logo. You can choose between a free (but restricted) search and a complete search. Please keep in mind that your patent search charge is non-refundable.
- Finalize your registration digitally and file it online utilizing the LegalZoom program interface. Once you approve it and then submit it with any needed accompanying documentation. When it is received by the Federal Government, you would be issued a reference number and will get a confirmation mail.
- The USPTO will analyze your submission to see if your patent is eligible for registration. If the inspecting advocate concludes that the trademark cant is authorized, they will send an Office Action outlining the reasons for the rejection and directions about how to challenge and justify the rejection.
- The USPTO grants your trademark application – The patent for your label is available to third-party objection for the next 30 days. If you get no adversaries or successfully resolve any adversaries, your label will be authorized as a trademark. You should receive a Notice of Publishing from the UK Patent Office including the date of publication.
- Registration License – Unless your brand is already used across the industry, you have 180 days from the date of publication to utilize it in commercial activity or request an extension. If your label was established with the aim of being used in business, you get 180 days to use it in business.
How Long Does a Trademark Last?
A federal trademark in the United States can potentially last for an indefinite period of time. However, it must be renewed every ten years as this is the legal cover for it.
Nonetheless, the registration can be renewed in case the mark is still in use during the fifth and sixth years since registration. Due to this, you don’t have to wait for ten years to pass before you continue using it legally.
To do so, the owner must submit the necessary maintenance documentation to the United States Patent and Trademark Office (USPTO) within the specified timeframe.
For the trademark to be fully and successfully renewed, the owner must also satisfy the legal conditions.
There are 3 steps to go through when renewing a trademark:
First, file the trademark registration for your logo, phrase, or name among other options. Remember to include the following documents necessary for your application:
- A statement of use
- A list of previous examples of use
- A trademark specimen
- A trademark drawing
- Relevant fees
After your trademark has been granted and your registration approved, you should go through the next two steps.
Next, file a declaration of use. It is very important to file this document between the 5th and 6th year of when your initial trademark registration had been approved.
Keep in mind that most online organizations that aid you with filing the declaration of use will not send a reminder for this time frame. Filing your maintenance documents is your sole responsibility and you should do it on time.
Next up is filing a renewal application. Unlike the previous step, for trademark, this application needs to be filed between the 9th and 10th year of the initial registration.
Moreover, make sure you reapply every 10 years, or for as long as you need your trademark registered under your name.
Only after going through these steps will you provide continuous trademark protection.
How Much Does It Cost to Trademark a Business Name?
Estimate a budget between $250 and $750 when filing a trademark application for a business’ name. The costs for the trademark are determined by the following factors, according to the USPTO website:
- The number of trademarks you’re looking for
- The category of products and services for which you want to register a trademark
The cost of filing an application usually ranges between $250 and $350. But, keep in mind that a single applicant can apply for a single trademark using a single application.
If you want to trademark more than one type of product or service, you’ll have to file different applications and pay separate filing costs for each.
Why Should Companies Register Federal Trademarks For Designs And Titles?
The bulk of the benefit of trademark infringements is conceptual for either you or your customers. It gives you the confidence to enter the marketplace and offer your wares trusting that you are covered. It agitates and halts your opponents from brazenly duplicating your business.
What Would Be The Cost Of LegalZoom For A Trademark?
Element 1: LegalZoom Trademark Search, as well as Element 2: Trademark Federal Registration are the two elements of a trademark bundle. You should first check if your title is trademarkable by conducting a search to discover whether it is currently a protected trademark in your jurisdiction. Prices begin at $199 and contain a simple national direct analysis of the trademark protection registry for immediate disputes with your mark (worth $75.00) or a rebate on the LegalZoom Comprehensive Trademark Search Package.
If your selected signature name is obtainable, you will move to the LegalZoom trademark registration bundle for submission with the United States Patent and Trademark Office (USPTO), and extra registration charges beginning at $325 must be compensated to the administration. Charges are based on your category, industry sector, and commodity, as established by the USPTO US Classes Schedule.
At LegalZoom, we prefer the Complete Coverage plan (which costs just $20 extra than the standard option) since it includes Cease and Desists papers, something you will need if you identify other firms utilizing your trademarked brand logo.
How To Maintain Your Certified Signature
LegalZoom Trademark ownership comes with lots of strings attached. When a trademark host’s identity gets more painful with usage, they may decide to remove it. Aspirin, Band-Aid as well as Xerox, and Aspirin had the same legal battle. The challenge is frequently not so much what may be trademarked as it is whether it can indeed be trademarked.
A signature could be kept by actively attempting to protect it, which may result in its preservation independent of the phrase gaining common usage. For example, Google, as well as Adobe, had done nothing to stop the adoption of “to google” as a substitute for browsing the internet or “into photoshop” like a euphemism for modifying pictures electronically, but their efforts to safeguard their copyrights have resulted in ongoing legal defense for both words.
Have you thought about trademarking anything but aren’t sure how to proceed? You must actively be sought after the advice of experienced professionals such as our team of experts at LegalZoom in an effort to guard what is legally yours.
Is LegalZoom Legit for Preparing My Trademark Application?
The shortest answer is ‘yes’, LegalZoom trademark application is legit for preparing your trademark application. But, is LegalZoom legal? Of course! And since it is not a law company, LegalZoom trademark application is a do-it-yourself trademark online service that cannot give you legal counsel or the help you need.
With the LegalZoom trademark application, however, the attorney-client privilege does not apply to your discussions with the provider. In other words, the concept won’t be recognized as confidential on behalf of the United States Patent and Trademark Office (USPTO).
LegalZoom File Trademark offers a service through which it prepares and files your trademark application, at a modest price. This package fee, ranging from $79 to $349, is far less compared to what most trademark attorneys would charge you.
The LegalZoom trademark cost can vary depending on the services you need. LegalZoom trademark prices can go from $199, $299, and $499 according to the service package you decide to go for.
The LegalZoom trademark registration process doesn’t cost anything. However, once you choose the services you are in need of, you can be charged anywhere between $79 for a simple LLC formation up to $499 for individuals going through a divorce.
The variation of the cost will depend on the amenities for your small business.
Last but not least, LegalZoom trademark reviews speak for themselves as customers are satisfied with everything this organization accomplishes for them.
