What Trademarks Do I Need to protect my Inventor’s Patent from infringement by others?
Trademarks can be described as a legal term. They are names or sounds are used by a person to distinguish their goods and services. The USPTO is an international agency in the US Department of commerce that issues patent and Trademark registrations to inventors and businesses for their original inventions and also to differentiate their products and services from those of other companies. The USPTO also assists with the processing and analyzing Trademark and patent applications. The USPTO allows anyone registered with them to file a request for the registration of their trademark in foreign countries.
In addition to being the authority for copyrights, it also functions as the Uniform Commercial Code examiner. The USPTO ensures that all claims made in the Patent and Trademark Offices comply with the laws of the country from which they were filed. International registration of trademarks is also possible. There are different classifications used to describe various types of patents, like patent, issued patent, design patent, trade mark and provisional patent.
The US patent and trademark application process starts by determining if it’s a trademark. A classification can be determined based on whether it can be used to identify goods or services and also whether it is able to distinguish the product from those of other. USPTO requires that a trademark or patent application be described and that an examiner declare that the invention claimed is unique and not already recognized. This is also governed by the specification requirement.
The other requirement that the USPTO considers crucial is that the invention be able to provide a useful result and it is not vulnerable to unfair competition from similar products or services offered by suppliers or manufacturers who do not declare their invention’s innovativeness. The examiner then sends an email to the person who provided the drawings or any other information to determine if the invention is in compliance with all the requirements. If the drawing is found to be confusing or misleading, the USPTO will inform the submitting party that they need to amend the drawing or add a specification that includes the misleading information. In addition the USPTO requires that the modified patent be filed with the USPTO not with the applicant.
After receiving the amended sketches from the examiner they will submit them to Patent and Trademark office for examination. The process of examination is divided between two offices. Two offices are accountable to maintain records. The New York office holds a record containing the issued patents and the other offices a list of patents filed in the United States. Although the USPTO’s examination is slow, it can still be very thorough. The applicant must submit all documents and receive approval from the examiner before they can file for a patent.
It can take months to complete the examination, especially if a patent has been granted in a number of states. Because of the state’s method of deciding which applications it will take into consideration to patent, it could take some time before a patent is granted. It might take between six and nine months for a state of the US to issue an authorization. However, with a quality group of patent examiners this waiting period can exceed nine months. The Patent and Trademark offices can utilize netbook technology. This will enable the USPTO to search across the entire country for any patent issued.
The internet has made it possible for inventors to submit their original documents online. Original documents are uploaded to the USPTO’s website, which allows the public to view them and make comments. Patent examiners periodically inspect the applications of individuals and will issue press releases that announce the current status of their patent examiners’ examination. This allows the inventors to be informed about any changes in filing processes.
Patents give inventors the ability to safeguard their inventions. Trademarks enable the inventor to define the boundaries of the trademark. It would be difficult to, if not impossible to sell an invention around the world without a registered trademark. Inventionists should provide original documents to the USPTO to be able to be able to register their trademark.