Trademark Registration Service - FAQs

In the United States, protecting a logo generally involves trademarking rather than copyrighting. Here’s the difference and why trademark is usually the better option for logos:

1. Trademark: Trademarks protect symbols, names, and logos used on goods and services to identify the source of the goods and services and distinguish them from others in the market. Registering a trademark gives you exclusive rights to use the logo in connection with the goods or services listed in the registration. This prevents others from using a similar mark in a way that could confuse consumers about the source or affiliation of goods and services.
2. Copyright: Copyright protects original works of authorship, such as books, music, and art. It automatically applies from the moment the work is created and fixed in a tangible medium. While a logo might qualify for copyright protection as a graphic design or artwork, copyright does not protect aspects like the branding or commercial identity conveyed by the logo. Copyright primarily prevents others from copying or reproducing the copyrighted work itself.

For logos, trademark protection is more relevant because it specifically protects the usage of the logo as a brand identifier in the marketplace. By registering a trademark for a logo, you ensure that you have legal recourse to prevent other businesses from using logos or similar symbols that could potentially mislead consumers by implying a false association with your brand.

To trademark a logo, you typically need to file an application with the United States Patent and Trademark Office (USPTO), demonstrating that the logo is being used in commerce or you have a bona fide intention to use it in commerce. The process includes a search to make sure your logo does not infringe on existing trademarks, and public notice of your trademark application to allow others the chance to object if they believe your trademark could infringe on their rights.

In the United States, the type of intellectual property that is most appropriate for protecting a company's logo is a trademark. Trademark law is designed to protect symbols, words, and logos that distinguish goods and services from one company from those of another. Here’s how it works for logos:

• Trademark Protection: By trademarking a logo, a company secures exclusive rights to use that logo in connection with its products or services. This helps prevent other businesses from using a similar logo in a way that could confuse consumers about who actually provides the goods or services. Trademark protection is aimed at avoiding consumer confusion and protecting the reputation and brand identity of the company.
• Registration: Trademarks can be registered with the United States Patent and Trademark Office (USPTO). Registering a trademark gives the owner stronger protection, including a legal presumption of the owner's exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration.
• Enforcement: Once registered, the trademark owner has the legal authority to enforce their rights against other parties who might use a similar mark in a way that causes confusion. This can include suing for trademark infringement.

Trademark protection is the most effective way to safeguard a company logo and ensure it remains a unique identifier for the business.

The business opportunity that includes obtaining licenses to utilize a brand name is commonly known as diversifying. In a diversifying course of action, a person or company (the franchisee) gets the rights to utilize a brand name, trademarks, commerce demonstration, and working framework of an set up company (the franchisor) in trade for a starting expense and progressing sovereignties.

I. Key Components of Diversifying:

1. Brand Recognition: Franchisees advantage from the built up brand name, which can pull in clients and give a competitive edge within the advertisement.
2. Bolster and Preparing: Franchisors ordinarily provide training and back to assist franchisees succeed. This could incorporate help with location determination, showcasing, and operational direction.
3. Trade Show: Franchisees work their trade concurring to the franchisor's set up commerce demonstration, which has been tried and refined.
4. Showcasing and Publicizing: Franchisors frequently handle national or territorial showcasing campaigns, which benefits all franchisees beneath the brand.
5. Starting and Progressing Expenses: Franchisees pay an beginning establishment charge and continuous eminences based on a rate of their deals.

II. Illustrations of Establishment Businesses:

1. Quick Nourishment Chains: Brands like McDonald's, Metro, and Burger Ruler are well-known illustrations of establishments.
2. Retail Stores: Companies just Like the UPS Store and 7-Eleven offer diversifying openings.
3. Service-Based Businesses: Numerous benefit businesses, such as Molly Servant (cleaning administrations) and H&R Piece (charge administrations), work as establishments.

III. Benefits and Challenges:

1. Benefits:

• Set up Brand Name: Moment acknowledgment and client dependability.
• Demonstrated Trade Model: Diminished hazard of disappointment with an attempted and tested trade demonstration. Preparing and Bolster: Persistent back and preparing from the franchisor.

2. Challenges:

• Introductory Costs: Tall starting speculation and progressing sovereignties.
• Restricted Control: Franchisees must follow the franchisor's rules and rules.
• Legally binding Commitments: Official understandings that can constrain adaptability and require adherence to strict operational standards.

Diversifying may be a prevalent business opportunity that permits business visionaries to use the victory of a built up brand name whereas working their own trade. In any case, it requires cautious thought of the budgetary and operational commitments included.

Trademarking a logo in the United States of America involves costs, which depend on application type, filing method, and optional attorney assistance. For this purpose, the USPTO has three kinds of applications: TEAS Plus, TEAS Standard, and TEAS RF, each serving different fees. The least expensive is the TEAS Plus application with a fee of $250 per class of goods or services; however, it requires that the description of goods and services be more specific in form, as well as that an applicant must agree to receive communications from the USPTO online. The counterpart application is the TEAS Standard application, which costs $350 per class but allows flexibility in describing the goods or services-in other words, an increased fee.

The added costs generally range from $1,000 to $2,000 when you select the services of a trademark attorney to assist in the application process. A lawyer is not required, but it will be advisable, particularly in a case where there are difficult legal issues related to the process. An attorney minimizes the risk of errors in the application process that could delay or even jeopardize your application to register a trademark.

Of course, additional costs may arise depending on the circumstances. For example, if you don't plan on using your trademark immediately, you will have to file a "Statement of Use," which has a fee of $100 per class. If it takes more time to meet all the conditions, you will also be charged for extensions at a similar rate. Trademarks must also be renewed every ten years following registration, or else they become abandoned.

In all, the cost of trademarking a logo in the USA can start from a basic filing fee of $250 for a TEAS Plus application and run into several thousands of dollars once attorney fees and other contingencies are factored in. This investment will help to protect your logo against unlawful use in view of recognition and legal rights of the brand.

A trademark is a mark that is used to promote and identify the owner's goods or services and to enable the public to distinguish them from the goods or services of other traders. It may be a logo or device, name, signature, word, letter, numeral, smell, figurative elements or combination of colors and includes any combination of such signs and 3-dimensional shapes provided that it must be represented in a form which can be recorded and published, such as by way of drawing or description.

The cost to register a trademark in the US can have quite a wide range depending on application type, filing method, and the usage of attorneys.

The USPTO currently provides three different application types, each with their own fee: TEAS Plus, TEAS Standard, and TEAS RF. The application of TEAS Plus, on one side, has the least cost, which is $250 per class of goods or services, but the requirements are a bit more stringent: the description of the goods/services has to be more particular, and the applicant has to agree with online communication through USPTO's online system. On the other hand, in contrast to the application of TEAS Plus, it requires a higher fee, which is $350 per class, though allowing much flexibility in describing your goods or services.

Additional fees may be charged if you also need assistance with the application process. Generally, it takes anything between $1,000 to $2,000 to retain the services of an attorney specializing in trademark matters to assist you in the application process. You are not necessarily obliged to use an attorney, but it is a highly recommended route because the process can have some legal intricacies, and any mistake that may occur will delay or jeopardize the process.

Other fees may be applicable when certain conditions occur, such as when a "Statement of Use" is filed, which is $100 per class, or requesting an extension for a similar fee if your trademark is not in use. There are renewal fees every ten years to keep your trademark active.

It goes without saying that the cost to register a U.S. trademark ranges from $250 on a TEAS Plus application up into the several thousands of dollars, once attorney fees become involved.

In Singapore, applicants need to renew trademarks with due process and procedure in front of the Intellectual Property Office of Singapore. Trademark registration in Singapore is provided for ten years from the date of application and requires further renewal upon expiration for its legal protection to continue.

First and foremost, the trademark owners should apply for renewals six months before the date of expiration to avoid the lapse of the same. This is quite important, since one could also lose their rights and protection over such a brand or logo if they fail to apply for the renewal of the same. In relation to that, IPOS has an online portal known as IP2SG, where one would need to log in, access their specific trademark details, and apply for the renewal.

The application form requires basic information about the trademark, which will be the number of the registration and original detail of the trademark. After checking these details, payment corresponding to the additional classes the trademark covers will have to be paid in the form of a renewal fee, usually fixed by IPOS.

IPOS allows six months of grace from the date of expiry, if not completed within the standard period. An applicant can still renew trademarks within this time, provided they pay an additional late fee. If the trademark is not renewed within this six-month grace period from the date of expiry, it will be removed from the register, and a new application will be needed to obtain protection once again, with the trademark open to examination and approval once more.

In a nutshell, the applicants are obliged to take the advance step for the renewal of any trademark in Singapore, go through the online renewal procedure called IP2SG, and pay all the fees due on time. This will ensure the protection and exclusivity of the trademark for continuous coverage with full commercial and legal right in Singapore.

Trademarks in the UK are not automatically protected worldwide. In other words, if a business registers a trademark in the United Kingdom, then the protection applies only within the territorial boundary of the UK. However, for businesses that need international protection, machinery is available. Among them is the Madrid System, under the auspices of the World Intellectual Property Organization. Under this regime, UK trademark proprietors can make a single international application covering various countries and thereby will enable the acquiring of rights in third-party jurisdictions. The Madrid System allows the applicant to choose specific countries for protection based on their business requirements; in such cases, the Madrid route may be faster and cheaper than filing separately in each country of interest.

Another route is to apply for trademarks directly in the desired countries. In case of businesses operating, or targeting a few specific markets outside the UK, this option is the most followed. This ensures that direct protection is given under each jurisdiction's legal framework and can sometimes offer stronger options in terms of enforcement.

It should also be further considered that businesses in the UK operating in the European Union may want to consider filing an EU trademark. An EU Trademark covers trademark protection throughout all EU member states with just one application, although the UK is no longer in the EU, UK companies desiring to sell products in EU markets quite often find the EUTM useful for broader regional protection.

The bottom line is that, even though UK trademarks per se do not receive protection outside the United Kingdom, protection in countries outside the United Kingdom can still be pursued through the Madrid System, direct filings, or EU trademarks.

Registration of a trademark will give the owner of a trademark the right to prevent third parties from using his mark, or a deceptively similar mark, without his consent for the goods or services for which it is registered or for similar goods or services. For unregistered trademarks, owners have to rely on common law for protection. It is more difficult to establish one's case under common law.

1. the name of a company, individual or firm represented in a special manner;
2. the signature (except in Chinese characters) of the applicant;
3. an invented word;
4. a word that is not either descriptive of the goods or services for which the trademark is used or is not a geographical name or is not a surname; or 
5. any other distinctive mark. 

There is no restriction on the nationality or place of incorporation of the applicant

The protection period of a trademark when registered will last for a period of 10 years and can be renewed indefinitely for successive periods of 10 years.

1. the name of the applicant
2. the correspondence or registered address of the applicant
3. a copy of Hong Kong Identity card or passport for individual applicant; a copy of business registration certificate or Certificate of Incorporation of the applicant;
4. a softcopy of the proposed mark;
5. desired class of registration or details of goods or services within those classes which are traded. 

There is no restriction on the nationality or place of incorporation of the applicant.

You will get a Certificate of Registration for your trademark within 4-7 months, depending on the country and type of trademark you are registering.

No, an idea of a new invention alone cannot be patented. To qualify for patent protection, an invention has to be applied to a product or process and has to fulfil other criteria such as being new, involving an inventive step and be capable of industrial application.

The Trade Marks Registry does not give any legal advice to applicants on any subject, including the registrability of your trademark. If you have any difficulty ascertaining the registrability of your trademark or other legal requirements, Offshore Company Corp can give you professional advice about trademark-related matters.

A trademark is a mark that is used to promote and identify the owner's goods or services and to enable the public to distinguish them from the goods or services of other traders.

It may be a logo or device, name, signature, word, letter, numeral, smell, figurative elements or combination of colors and includes any combination of such signs and 3-dimensional shapes provided that it must be represented in a form which can be recorded and published, such as by way of drawing or description.

Read more: 

• Singapore trademark registration
• Hong Kong trademark registration