How long will it take for my mark to be registered?
It takes between 6 to 12 months for an examination to be completed and the registration to be issued when there are no issues or objections to the application. If you receive an Office Action, it may take between 12 to 36 months, depending on the issues raised in the Office Action.

What is a trademark or service mark?
A trademark is a word, name, symbol, phrase or logo that identifies or distinguishes goods or products used in trade from one party to another. A servicemark is identical to a trademark. The only difference is that a service mark is used to identify or distinguish a service used in trade, rather than goods or products.

When you trademark a certain word, name, symbol, phrase or logo, you are claiming rights to that particular mark. Once your trademark is federally-registered, you have the exclusive right to use that mark in commerce in connection with the goods/services you file your trademark under. Filing a trademark with the U.S. Patent and Trademark Office (USPTO) offers nationwide protection.

What happens after my trademark application is filed?
The first step after filing is that the application will be forwarded to an examining attorney who works for the USPTO; this generally happens approximately 3 to 4 months after the application is filed. The examining attorney will review the application to make sure that it satisfies all of the USPTO’s filing requirements and will likely either: (i) signify approval of the application; or (ii) issue an Office Action (See the next question) which indicates that there are issues with the application.

If there are no issues with the examination and examining attorney approves, the application will be published in the “Official Gazette,” the USPTO’s weekly publication. Anyone would then usually have 30 days after publication to come forward with any opposition to your application by filing a proceeding with the Trademark Trial and Appeal Board which will decide whether the opposition has any merits.

Assuming no parties file a timely objection after publication of your application, the USPTO will register the mark and will issue a certificate of registration signifying that fact.

What is an Office Action from the USPTO?
An Office Action is a letter from the USPTO notifying a trademark applicant that there are issues with the trademark application. For example, your trademark might get refused for being too similar to a competing product, or it might get refused as being “merely descriptive” of the goods or services that you provide under your mark. Winetrademark.com will let you know if/when an Office Action is received and can also assist you with an appropriate response to the Office Action. If you do not file a response to the Office Action, your trademark application will go abandoned, and you will lose your trademark rights.

Should I use TM or ®?
The “TM” (trademark) symbol is used to alert the public of your common law rights. It is used whether you have filed an application with the USPTO or not. However, we do recommend using the “TM” once you file your federal application. Once your trademark is registered, you can use the “®” symbol after your mark, and we recommend that you do so. If you don’t, an infringer who has no actual knowledge of the registration cannot be held liable for damages for infringing the mark.

How long will my trademark last?
Winetrademark.com will continue to monitor your trademark and let you know when renewal dates are due.

Why should I choose Winetrademark.com to assist me with my trademark registration?
With Winetrademark.com, you get legal service from highly-qualified attorneys that specialize in working with breweries without the high cost. Our attorneys have filed hundreds of trademark applications individuals and businesses across the country. The quick and easy Winetrademark.com website allows you to file a trademark without all of the hassle of dealing directly with attorneys. It is a one-stop place to file a trademark.

We know it’s more important than ever for businesses to protect their trademark rights. Winetrademark.com specializes in helping individuals and businesses acquire and retain their trademark rights, so they can focus on the important things in life – growing your business and making great contributions to the world.