Trademark

Registration

A trademark is typically a word, phrase, symbol, design, or a combination of these things that identifies producer of goods or the provider of a service.

A strong trademark helps consumers identify and associate products or services with a particular source, fostering trust and loyalty to the brand. Therefore, for registration, it is necessary that the trademark differs significantly from existing designations.

Trademark registration grants the exclusive right to use the mark for the goods and services it covers, provides legal protection against unauthorized use by others.

A trademark is always connected to the goods or services. Therefore, for registration it is essential to specify the exact goods and services for which trademark is used or intended to be used.

To register a trademark at the federal level, it is necessary to specify the basis on which you are requesting the registration. This is known as a filing basis.

There are two main filling bases: use in commerce and intent to use.

"Use in commerce" applies when a trademark is actually used for goods or services across state lines. To register your trademark on that basis, you’ll need to provide evidence that you’re using it in commerce. You’ll also need to provide the date you first used your trademark in commerce and the date you first used it anywhere.

The "intent to use" basis can be used if the trademark is not yet in use, but such use is planned and the mark needs to be registered. Although an application for trademark registration may be filed on an "intent to use" basis, the registration cannot be completed until evidence of its actual commercial use is provided.

Maintain the registration

To maintain trademark registration, two conditions must be met:

1. Continuously use the trademark in commerce. If the trademark is no longer used in connection with any goods and services, it must be removed from registration;

2. Submit renewal documents to the registration authority at regular intervals. Set deadlines for renewal of registration:

• Between the fifth and sixth years after the registration date;
• Between the ninth and 10th years after the registration date;
• Every 10 years after that (between the 19th and 20th years, 29th and 30th years, etc.)

Strategic trademark registration allows to build brand's communication with consumers and convey your product's values to the audience.