Trademark filing is a process where an individual files a trademark application with a patent and trademark office. Filing a trademark application does not necessarily mean that the mark can be registered. A trademark examiner conducts searches from his/her point of view and the mark is then published for opposition. If there is no opposition, only then the mark is registered.
International trademark filing refers to the process of registering a trademark in multiple countries of interest (contracting parties) with a single application. This process is executed via a centralized filing system that is administered by the international bureau of the World Intellectual Property Organization.
The trademark filing fees for an initial application depends on various factors, including the number of trademarks and the classes. As only one trademark can be filed per application, the filing fees will be separate for each trademark. Similarly, an applicant needs to pay for each class of goods and services in the application.
Therefore, the USPTO has capped the trademark filing fee at $250 per class of goods/services and $350 per class of goods/services for TEAS plus and TEAS standard filing, respectively.
Trademark filing is a multi-step process that requires expert consultation and guidance. The steps for filing a trademark may vary slightly in different countries. The USPTO lists the steps for filing a trademark, which are as follows:
Before filing for a trademark, an applicant must carefully assess certain aspects that determine the effectiveness of the trademark application. Here are a few things to keep in mind:
Understand IP rights.
Trademark prosecution can be defined as a series of interactions between the trademark lawyer and trademark office officials for the fulfillment of a specific objective. Trademark prosecution can happen for several purposes, including trademark registration, modifications in a previously registered trademark, and restoration of a trademark.