The job of the United States Patent and Trademark Office (USPTO) is to review applications for trademarks. The USPTO does this to provide for federal registration. They will determine if an applicant complies with the requirements necessary for federal registration. The USPTO does not decide if someone has the right to use a trademark. If someone does not have their product registered, they could still use a trademark they created to identify their source of goods or services. Once someone has been issued a registration, the owner is responsible for enforcing the rights of the trademark. It will be based on their ownership and its federal registration.
The USPTO operates completely on the fees it collects by those who use its services. It does not operate using money collected from taxpayers. This makes it unique when compared to other governmental agencies. It functions as a business. The USPTO gets requests for services. These are applications for trademark registrations as well as patents. The fees charged by the USPTO cover the costs associated with performing these services.
The job of the USPTO is to maintain a permanent interdisciplinary historical record of all patent applications in the United States. The requirements for this governmental agency is defined in the United States Constitution. It is within the power of Congress to promote useful arts and the progress of science. The USPTO is responsible for promoting technological and industrial progress in the United States. This is accomplished in a few different ways.
*Providing important advice concerning intellectual property and the trade-related aspects of it.
*Making certain the laws associated with trademarks and patents are properly administered.
*Advising the President of the United States as well as the Secretary of Commerce about issues concerning the administration of patent and trademark protection
Types of Trademarks for Products
Each application for trademark registration is carefully examined by the USPTO. There are five different filing bases utilized.
*Intent of Use
When an application is approved, it is registered on the Supplemental Register or Principal Register. This will depend on if the trademark meets the standards and appropriate criteria for distinctiveness. The goods and services distributed using interstate commerce and governed by the federal system can also be protected using some state-level registration systems.
Certain qualified individuals are permitted to practice before the USPTO. These people can file trademark and patent applications for companies and people. Their work would also involve completing all aspects of trademark and patent applications. They will be able to participate in certain proceedings before the PTO examiners, boards, and examining attorneys. These proceedings include administrative appeals and more.
A business or individual can file a patent application without representation. They could do this on their own. Should it seem to a patent examiner that the unrepresented business or individual is not familiar with the Patent Office process, they may suggest obtaining legal representation. The USPTO does not recommend a specific attorney.
The USPTO works to make certain that no other party is awarded a federal registration for a similar or identical patent or trademark. The business or individual who owns the registration is responsible for taking any legal action necessary to prevent another party from infringing on their patent or trademark. The USPTO is not intended to work as a police force when it comes to the uses of patents or trademarks.