Why Do I Need a Trademark for My Inventor’s Patent?


Trademark is a legal term which describes the name or sound of a person, group or thing that distinguishes their products or services from other. The USPTO is an agency of the US Department of commerce. It issues Trademark and patent registrations to inventors as well as businesses. The USPTO performs various documents, processing and analysis functions associated with to patents as well as Trademark application. Anyone registered with the USPTO can seek trademark registration in other countries.

The USPTO is not only the authority for copyrights, but it is also the Uniform Code examiner. The USPTO ensures that all claims filed with the Patent and Trademark Offices are consistent with the laws in the country where the application was submitted. International trademark registration is possible. There are several types of patents. They may be issued patent, issued patent or design patent.

The application process for trademarks or patents in the US starts by determining whether it is classified as a trademark or a patent. It is determined whether it can be used to identify the products or services as well as whether it can differentiate the product from others. For an USPTO trademark or patent to be classifiable it must include a description and statement of the claimed invention. In addition, there must be a statement that the invention is unique and not obvious based on prior attempts. This condition, which is also referred to as the requirement of national identification, is referred to as “the specification requirement”.

Another important requirement to the USPTO, is that an invention must be capable of producing an effective outcome. Additionally, it should not be susceptible to unfair competition in goods or services from others who have not disclosed their inventiveness. Once this requirement is met then the examiner will issue a letter of inquiry to the person who submitted the drawings or any other material that will allow the examiner to decide whether the invention meets all of the specifications. The USPTO will notify the person who submitted the drawings are confusing or misleading. The USPTO also demands that the revised patent should be filed with the USPTO instead of the applicant.

Once the examiner is satisfied with the revised drawings that they have received, the examiner will forward them to the Patent and Trademark office. Two offices will be responsible for the examination. New York office maintains a record of the issued patents and the other offices keep a record of the patents that have been filed within the country. While USPTO examinations aren’t as fast, they are thorough. Before they can file for patent applicants must provide all required documentation and get the examiner approve.

If a patent is being issued in several states, the process of examining can be quite lengthy. Because of the state’s method of deciding which applications it will take into consideration for patenting, it may take several months before a patent is issued. A state could take up to six months to issue a patent. But, it could take as long as nine months when they have a strong team of patent examiners. The Patent and Trademark agency can also use the netbook tech to expedite the state process. It will allow the USPTO to search the entire nation for any issued patent.

The internet has enabled to upload inventors’ original papers online. The documents are uploaded to the USPTO’s website for the public to see and make comments on. Patent examiners periodically review the applications filed by individuals and will issue an announcement in the press about the pending patent examiners’ review of the application. The inventor will be informed of any changes to filing procedures.

Patents are a way for inventors to safeguard their original ideas. Trademarks provide the inventor the ability to define the scope of the brand. Without the trademark, it will be difficult or impossible to market an invention around the globe. Inventors are advised to submit original documents to the USPTO to be considered for Trademark registration.