Getting a trademark is a process that necessitates certain information and criteria to be fulfilled. The United States Patent and Trademark Office (USPTO) needs to know the name, address, and nationality of the individual filing the trademark application. If the application is submitted on behalf of a group or company, all names, addresses and nationalities of the business owners must be provided. Additionally, if the applicant is a company, they must indicate the country or state in which the company is based.
The costs associated with filing options vary due to the different number of initial requirements. The first requirement for obtaining a trademark is that it must be used in commerce. This is because trademark law is based on Congress' power to regulate interstate commerce. When submitting an application, you must specify which filing base you are using and meet all of its requirements. The second requirement for a trademark to be distinctive refers to its ability to identify and distinguish certain products from one producer or source as opposed to another.
After the original registration is approved, it can be renewed indefinitely for additional ten-year periods if the owner submits the required renewal applications (referred to as a Section 9 statement) with the USPTO. A trademark with standard characters requires very little information, while a brand with a special color format requires you to submit a JPG version of the brand, a color statement, and a description of the brand that includes where in the brand the colors are located.
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