Online Trademark Registration Services
There are a number of services offered in regard to US online trademark registration. The most important characteristic to look for in hiring som
eone to file your trademark is professionalism. You increase your odds by hiring a trademark attorney. Statistics prove that applications filed by attorneys are 50% more likely to be successful than those filed by non-attorneys. Therefore, if you seek online trademark registration or if you want to file your trademark online you should seek the assistance of an actual trademark attorney to improve the chance of success of your trademark registration.
Voidable Trademark Registrations
Online trademark registration through the United States Patent and Trademark Office (USPTO) involves questions that, if incorrect, can void the trademark application. A trademark attorney ensures that your trademark application is filed correctly so that you can avoid costly problems down the road. Here is a short list of some of the most common issues that can void a trademark application:
- Filing the trademark with the incorrect owner.
- If you list an individual rather than the corporation that owns the trademark, the application may be void.
- Filing the trademark with the incorrect goods/services.
- If you state that you sell Turkey burger sandwiches under class 30, but rather have a restaurant that sells those burgers, which is under class 43, you’ll have to refile.
- Filing a design mark that doesn’t match exactly.
- When you file for a logo or any design mark, you’ll want the image to match how you’re using it. For example, if you submit a logo with a word mark above the image, but then use it with the word mark to the left of the image, the application is void.
Online Trademark Registration Services That do Not Use Attorneys
When shopping for online trademark filing services be careful. You’ll need someone who is lawfully allowed to practice before the United States Patent and Trademark Office if you want them to submit the trademark application on your behalf. The U.S. Trademark Office recommends using a lawyer to help you file the trademark application.
An individual who is not authorized to practice before the USPTO in trademark cases is not permitted to:
- Prepare an application
- Prepare a response, or other document to be filed in the USPTO
- Sign amendments
- Sign responses to Office actions
- Sign petitions to the Director under 37 C.F.R. § 2.146
- File requests to change the correspondence address
- File letters of express abandonment
- Authorize issuance of examiner’s amendments.
Make sure that the person you hire to file your online trademark application is not violating these rules, otherwise, it’s the unauthorized practice of law. Increase your odds of trademark registration success and use actual trademark attorneys when filing your online trademark registration.
Online Trademark Registration – Do It Yourself
If filing a mark on your own you may want to consider hiring an attorney for one of the most important aspects prior to filing – the trademark search. A trademark attorney will be able to let you know your odds of filing a successful mark even if you plan on filing the online trademark registration yourself through the USPTO TEAS (Trademark Electronic Application System). A trademark search will help you determine whether other trademarks that are similar are already registered, prevent you from filing a trademark that is infringing, or wasting USPTO fees on an application, when it’s likely to get rejected.
- Use a trademark attorney to conduct a trademark search prior to filing the online trademark registration yourself.
- Conducting a comprehensive search can prevent you from filing an infringing trademark.