Describe the process to obtain federal registration of a trademark.

Question

What will be an ideal response?

Answer 1

Marks can be registered with the U.S. Patent and Trademark Office (PTO) in Washington DC. A registrant must file an application with the PTO wherein the registrant designates the name, symbol, slogan, or logo that he or she is requesting to be registered. Registrants must either prove that they have used the intended mark in commerce or state that they intend to use the mark in commerce within 6 months from the filing of the application. In the latter case, if the proposed mark is not used in commerce within this 6-month period, the applicant loses the right to register the mark. However, the applicant may file for a 6-month extension to use the mark in commerce, which is often granted by the PTO. A party other than the registrant can submit an opposition to a proposed registration of a mark. The PTO registers a mark if it determines that the mark does not infringe any existing marks, the applicant has paid the registration fee, and other requirements for registering the mark have been met. Once a mark is registered, it is given nationwide effect, serves as constructive notice that the mark is the registrant's personal property, and provides that federal lawsuits may be brought to protect the mark. The original registration of a mark is valid for 10 years, and it can be renewed for an unlimited number of 10-year periods.