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Requirements for Registering a Trademark - Properly Preparing a Trademark Application

There are many requirements for registering a trademark which are all satisfied if the trademark application is properly prepared. The following are the requirements and steps to getting a trademark.

  1. The first requirement for a proper trademark filing is the name and address of the applicant for correspondence;

  2. Another necessity for registering a trademark is a properly formulated listing of the goods or services provided with the mark. Trademark assistance from a trademark lawyer is invaluable at this stage, for you want to draft to product description to reflect the product, but also use language that is different from a similar trademark to help you get a trademark;

  3. Registering a trademark also requires that if the mark has been used, the date of first use anywhere in the world and the date of first use in interstate commerce (it is best to document and preserve evidence of your dates of first use);

  4. The cost to register a trademark is $335 for each class of goods or services is also a prerequisite to register a trademark. The cost to register a trademark is a small fee compared to the many benefits of registering a trademark;

  5. A final need for registering a trademark is that the applicant provides a clear drawing of the mark and a specimen of the trademark.

The "drawing," which is a depiction of the applicant's trademark, must show the mark as it is actually used, i.e., as shown by the specimens. In the case of an application based on a bona fide intention to use, the drawing must show the mark as the applicant intends to use it.

A specimen is a real-world example of how the mark is actually used on the goods or in the offering of the services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures. Actual specimens, rather than facsimiles, are preferred. One specimen is required for each class of goods or services specified in the application.

Specimens are required in applications based on actual use in commerce, but are not required for applications based on the owner's future intention to use the trademark.

It is recommended that you use the services of a trademark attorney to help you properly register a trademark. For more information please read Choosing a Trademark Attorney.


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