Establishing Rights in a Trademark

Establishing your trademark can be accomplished through registeration. However, in some countries, you can establish common law rights by using a mark. It should be noted that registering your mark provides you broader rights and stronger protections. In countries that don’t recognize common law rights in a mark, the first to register a trademark owns the exclusive rights to it.

To register a trademark, you must submit an application to the national trademark office in the country where you want to claim the mark. In the United States, it is the U.S. Patent and Trademark Office (USPTO). The application typically requests the following general pieces of information:

Name and address of the applicant

A representation or drawing of the mark (show how the mark will be or has been used)

A list of the goods or services to be covered by the registration

Payment for the filing fee

Once an application for the trademark has been filed, a trademark office examiner will review it. The examiner will determine if the formal requirements of the application have been met and whether the mark is merely descriptive (and not registrable), and possibly whether the mark is sufficiently unique when compared to other registered trademarks. If the examiner is satisfied that the trademark appliation satifies the necessary requirements, it is typically published by the trademark office. Any party who is concerned they will be damaged by the registration has the opportunity to object to the application. If no objections are received, the trademark application will be granted.

A trademark can remain valid indefinitely, provided the registration is timely renewed. It may also be necessary to provide proof of continued use for the registration to remain in effect. In many countries, there are cancellation procedures that allow third parties to request a mark to be cancelled if it has not been used in the country for an established amount of time.

If you are interested in learning more about establishing rights in a trademark or how we can assist you with your business-related needs, contact the knowledgeable lawyers at The Swenson Law Firm to schedule an appointment.

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