USPTO- CONSIDERATIONS FOR REGISTRATION?
It is quite clear to all that the USPTO does not accept any and every mark for registration just because an application has been made. The proposed mark undergoes scrutiny in order to ensure that it is not conflicting with an already existing trademark and also to ensure that the mark is fit for registration. To get the desired protection, a mark must also be legally protectable.
Once the registration is obtained for a mark, the owner gets the exclusive right to use such a mark with the federal registration symbol ®. The protection granted to the mark by way of registration may then be utilised further to obtain registration in other foreign countries. Registration is an effective tool which empowers an owner to protect her mark and equips her with the capability to bring an action in the court of law in case of any infringement of the mark. However, it must be noted that the trademark rights granted by the USPTO registration are only applicable and available throughout the 50 U.S. states and territories.
POINTS TO KEEP IN MIND
· The proposed mark must not be such that it creates a confusion with another mark. If there is a “likelihood of confusion” of the proposed mark with the other mark which has been already registered or for which the registration application is pending, the USPTO may reject the application for registration filed at a later date.
Neither the mark nor the offered goods/ services must be deceptively similar to any mark registered or for which application is pending. The proposed mark must be such that it does not cause any confusion in the minds of consumers.
· The proposed mark should not be similar to other trademarks