What are the requirements to obtain a trademark?
What Are Trademark Requirements?
- Provide your name and address as owner of the trademark.
- State the entity type (individual or corporation) and your national citizenship.
- Demonstrate actual use or a real intent to use the trademark in commerce.
- Give a detailed description of the product being trademarked.
What are the 3 requirements in securing trademark?
The minimum requirements to secure a filing date for a trademark application are:
- An express or implicit indication that the registration of a mark is sought;
- The identity of the applicant;
- Contact details of the applicant or its agent/representative;
- A reproduction of the mark; and.
- The list of the goods or service.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
How long does a trademark take to get approved?
Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
Can a person register a trademark?
The trademark must be applied for under the actual owner’s name. … The owner of the trademark is the person who controls the nature and the quality of the goods sold or the services rendered under the trademark. The owner can be an individual.
Do you pay taxes on a trademark?
Your Registered Trademark and Its Tax Implications
You cannot deduct the cost of creating your trademark, but you can apply it to your formulation of the “income tax basis”, which is the reference point for determining tax liability upon sale and depreciation deductions.
How hard is it to get a trademark?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
How do I get a free trademark?
You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.
How much does it cost to register a trademark?
FINAL COST TO OBTAIN A TRADEMARK REGISTRATION
Assuming that you are already using the trademark in commerce and do not need to file an intent to use application, the cost for filing a trademark is a flat fee of $650 + Gov. Filing Fees of either $225 or $275 per class of goods.