Hello,

I would like to register a trademark online?

Deliverables:

1. What is required for a personal to accomplish a successful
trademark registration?

2. What is required for a US company to accomplish a successful
trademark registration?

3. What is required for a non-US company to accomplish a successful
trademark registration?

4. Is the trademark protected Internationally? If not, how to go about
protecting it and is that a country specific excercise or contenent
dependent?

5. Where are online web sites that provide these registration
services, not the information, for the above mentioned needs?

Thank you.

/Lizardnation

Hello,

Here's the information I found on trademark application. For all of
the following this is a basic list of requirements for a trademark as
taken off the United States Patent and Trademark Office (USPTO)
website:

USPTO Trademark Application FAQ:
"An application must include the following elements before the USPTO
will accept it:

the name of the applicant;
a name and address for correspondence;
a clear drawing of the mark;
a listing of the goods or services; and
the filing fee for at least one class of goods or services."

All the requirements are self explanatory, and concerning domestic vs.
international filing the USPTO requires a domestic representative
which just means anybody who's willing to take legal responsibility
for you who resides in the United States (this may be a lawyer, etc.)
You do not need to file using any sort of company, the USPTO offers
free (no additional charge other than the normal $325 per class filing
fee) online filing (link below). You can file personally, in a
company, or in an international company (see above) using this same
form, as the USPTO does not distinguish between filing entities, just
class of trademark. As for your international question:

USPTO General Trademark FAQ:
"Is a federal registration valid outside the United States?

No. Certain countries, however, do recognize a United States
registration as a basis for registering the mark in those countries.
Many countries maintain a register of trademarks. The laws of each
country regarding registration must be consulted."

meaning in short, any country that you wish to secure trademark rights
in must be individually researched and filed according to the
individual country's laws. A book put out by the International
Trademark Association (link below) will answer any questions you have
on specific countries, and is the best source of information
concerning international tradmarking.

Eventhough it's easy and the cheapest to register by yourself, there
are certain things you should do like research prior trademarks to
make sure you're not infringing on other pre-existing trademarks, and
registrars may help with this process although for more money. The
link below offers a google search of trade mark registrars.


Additional Links:

USPTO Trademark Application FAQ:
http://www.uspto.gov/web/offices/tac/doc/basic/appcontent.htm

Table of different classes & goods for filing fee:
http://www.uspto.gov/web/offices/tac/doc/basic/international.htm

USPTO Online Trademark Application:
http://eteas.uspto.gov/V1.24/

USPTO General Trademark FAQ:
http://www.uspto.gov/web/offices/tac/tmfaq.htm#Basic012

International Trademark Association book on international
trademarking:
https://www.inta.org/ecom/public/PublicationDetails.asp?ID=4

International Trademark Association:
http://www.inta.org/


Search Strategy:

trademark on google:
://www.google.com/search?q=trademark

trademark registration services (if you wish to file using a
registrar) on google:
://www.google.com/search?q=trademark+registration+services


Thank you for the opportunity to answer your question, if you require
more information, please clarify the question, or if you find this
answer satisfactory, please feel free to rate it. Thank you!

skermit-ga

---

Request for Answer Clarification by lizardnation-ga on 03 Jun 2002 08:58 PDT

Hello Skermit,

Quote "..and concerning domestic vs. international filing the USPTO
requires a domestic representative which just means anybody who's
willing to take legal responsibility for you who resides in the United
States (this may be a lawyer, etc.)"

I would like to limit responsibility to myself or to the company in
need of the trademark registration, would a registrar play a role in
the local presence?

Your answer is satisfactory and will get a five.

/Lizardnation

---

Clarification of Answer by skermit-ga on 03 Jun 2002 09:11 PDT

One of the registrars, 4trademark.com allows you to choose them as
your representation:

"Can I register a trademark in the U.S. if I live outside the U.S.?

Yes. However, if an applicant does not reside in U.S., a
representative in the U.S. must be designated to receive documents and
correspondence. We can act as your Domestic Representative at no
charge through the date of registration."

but only during the application process (other companies can contest
your trademark during the application process, and correspondence will
be sent back and forth from USPTO. After the registration, they
require you to have your own representative, but this is much safer if
you start from the beginning by contacting a lawyer to act as your
legal representation. Thanks, and clarify if you need any more info.

skermit-ga

A more than complete answer.

/Lizardnation