Yes, marks consisting of foreign wording may be registered as trademarks in the United States. However, under the doctrine of foreign equivalents, the foreign wording may be translated to English when the USPTO examines the trademark application.
The applicant should receive a response to the application from the USPTO within six months from filing the application. However, the total time for an application to be processed may be anywhere from a year to two years.
What is a certificate of registration?
If the mark is published based upon the actual use of the mark in commerce, or on a foreign registration, and no party files an opposition or request to extend the time to oppose, the USPTO will register the mark and issue a registration certificate about twelve (12) weeks after the date the mark was published.
Can I reserve a mark without actually using it?
Yes. If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith, or bona fide, intention to use the mark in commerce. You do not have to use the mark before you file your application. An “intent to use” application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. The applicant will have to file the “Allegation of Use” form to establish the legitimate usage of the mark in commerce.
Why Should a mark be registered?
Trademark registration on the Principal Register provides exclusive rights to prevent unauthorized use of the trademark. The main benefits of registering a trademark are that, it provides: a) constructive notice to the public of the registrant’s claim of ownership of the mark; b) a legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration; c) the ability to bring an action concerning the mark in federal court; d) the use of the U.S registration as a basis to obtain registration in foreign countries; and e) the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
What is a Service Mark?
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this website, the terms “trademark” and “mark” refer to both trademarks and service marks. A service mark can be as wide and varied as a brand name, logo, a shape, letters, numbers, sound, smell, color or any other aspect that renders a unique and distinct image to a service.
What is a trademark?
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A trademark can be as wide and varied as a brand name, logo, a shape, letters, numbers, sound, smell, color or any other aspect that renders a unique and distinct image to a product.
Since the end of 2015, Dallas has been one of four American cities where the United States Patent and Trademark Office has located a regional branch office, with the others in Detroit, Denver and San Jose. This creates a wealth of convenience for the estimated 200,000 Dallas-area people who have serious technical backgrounds in semiconductors, telecommunications, automotive and military technology and application development. While the office will primarily deal with patent matters, the location of the office in Dallas is a credit to the vitality of small business – many of whom are trademark owners. The office is open weekdays, 9-4, and may be reached at (469) 295-9000. To view updates from the USPTO, including the Dallas regional office, go to: http://www.uspto.gov/about-us/news-updates
View our page for more information and resources on Trademarks in Dallas.
There are millions of businesses with registered trademarks and many produce numerous products and services. Unless it is a totally fanciful mark (a “made-up” symbol, like the Nike® “swoosh”), it is doubtful that your selected mark will be completely exclusive and not in use, in at least some similar fashion, by someone. The main question is how similar your mark can be to another mark and still avoid infringement? You may get away with using a similar mark to an already registered mark for several years, but when the owner notices you, it may be very expensive to make a change.
The brand of your company plays 3 roles in your business that might be called the 3 “p’s” of trademark: