Lets welcome back regular monthly writer Kelley Way as she shares with us “Hallmark Often Asked Concerns.” Enjoy!
Theres a fairly lengthy description in the law books, however what it boils down to is something that serves as a source identifier in the market..
Customers wish to have the ability to recognize where a services or product comes from, and often make getting decisions based on the reputation of the seller..
Sellers wish to develop that track record so that consumers are more likely to purchase from them or attempt new products they put out, and the finest way to do that is to make it simple for consumers to identify who made the product..
The majority of my trademark clients come to me with concerns, even prior to theyve decided to hire me..
Theres a lot of confusion out there about trademarks and how they work. Here are some hallmark regularly asked concerns that I see on a regular basis:.
The most typical hallmarks are business names, brand name or item names, logo designs, and slogans, however you might also hallmark a shape, noise, color, or perhaps an odor, as long as the customer will associate it with you.
Anything that serves to identify the seller can qualify as a trademark..
2. For how long does a hallmark last?
However, registration with the government needs some upkeep to remain active..
Trademark is an usage it or lose it proposition.
As long as you are using it to sell your services or product, it will still certify for trademark protection..
Every 10 years you require to submit an affidavit informing them you are still using your mark, otherwise, the registration will be cancelled.
3. How do I get a hallmark?.
You can sign up with your state, or with the U.S. Patent and Trademark Office..
All you need for a trademark is to use it in the market to identify the source of your services or product..
You can get more protection by registering it with the government..
Given that federal registration gives you nationwide protection and a foot in the door for international registration, its most likely the better method to go.
4. The length of time does trademark registration take?.
Prepare for a minimum of six to nine months, longer if any issues show up.
The length of time differs, depending upon whether the hallmark inspector has problems with the application or someone items to your usage..
5. Do I need a lawyer to register my hallmark?.
A hallmark application does not have to be submitted by a lawyer, so in theory, you could submit your own hallmark application.
If you wish to go that route, ensure you do a lot of research on the U.S. Patent and Trademark site initially; its really simple to make a technical mistake that will slow down the application procedure or trigger your application to be declined completely..
The advantage of an attorney is that they understand how to complete the kind effectively and what arguments are most likely to encourage an inspector to reevaluate an objection or outright rejection.
Please feel free to send it to me at [theres a hallmark frequently asked question that I missed e-mail secured]
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Kelley Way was born and raised in Walnut Creek, California. Kelley is a member of the California Bar, and an ambitious writer of young adult fantasy novels.
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