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The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia.
Trademarks may be registered online. The USPTO charges a $275 fee for online trademark applications. The process takes about 6 months from initial application to final registration. It is a general practice to hire a trademark lawyer to file the application on behalf of the future owner.
The USPTO separates goods and services into various classes, which are governed by international treaties. In order for an applicant to receive a trademark registration, that applicant must describe the goods and/or services to which the mark applies, and must identify the classes into which those goods and/or services fall. [2]
The registered trademark is added to the USPTO’s database, which provides public notice to anyone searching for similar trademarks. [10] Federal registration establishes a legal presumption of ownership and exclusive rights to use the mark. The registration certificate can serve as evidence of ownership in legal proceedings. [10]
Official seal of the USPTO. A concurrent use registration, in United States trademark law, is a federal trademark registration of the same trademark to two or more unrelated parties, with each party having a registration limited to a distinct geographic area.
The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered to determine the right to register a trademark. It has no authority to determine the right to use one, nor broader questions of infringement, unfair competition, damages or injunctive relief.
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