The Trademark Registration Process (When TM is in Use) | Minute Law | Spear IP


Hi and welcome again to 2-minute law
with me Maria Spear Ollis from Spear IP Today we’re talking about the trademark
registration process and specifically, if You already started using your trademark.
If you haven’t started using it yet in connection with a product or service…
that’s for a different video. Okay, so you have had a trademark search done to make
sure you understand if there are any risks and moving forward with the mark,
and you want to file your trademark application. So, you file, along with
what’s called “proof of use,” and proof of use is basically proof that you are
using your trademark in connection with a product or service… the product or
service that you say you’re using it with. So, it can be a screenshot of your
website, it can be a picture of your product with a hang tag on it… things
like that. So you file your application, along with your proof of use and the
date that you first started using it, and nobody at the Trademark Office looks at
it for somewhere between three and four months. After that time, the examiner at
the Trademark Office will conduct his or her own search, just in the Trademark
Office database, and they will see whether there are any trademarks in the
database that might act as a barrier to your registration. If there are, or if
they find some other issue with the trademark application, they’ll reject it
and you’ll have six months to respond and file kind of a legal brief in
response. If they don’t reject it, it moves on to the next phase, which is the
publication phase, and your application is published in a government gazette and
basically anyone that feels like they would be damaged if your trademark were
registered can file what’s called an “Opposition” to your application. Finally,
if no one opposes, the application moves right along.
I would say from filing to registration it could take somewhere from 6 months
to 12 months, depending again on any rejections or oppositions. Hope that helps! See you next time.

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