Trademark registration in Colorado

What is Trademark?

Actual use of trademarks created the Trademark Law in the United States. There are a lot of Trademark definitions, but the most common are the following: 

Trademark is a recognizable word, phrase or symbol which is connected with the specific product and legally differentiates it from the similar ones among the kind. Common Trademark Law has been created in those times when the products had been sold under their brand names.

The Colorado statute on trademark registration defines a trademark as:

“a word, name, symbol, device, or any combination thereof, including packaging, configuration of goods, or other trade dress, used by a person to identify and distinguish the person’s goods or services from those manufactured, sold, or rendered by others and to indicate the source of the goods or services, even if that source is unknown.” (See Colorado Revised Statute § 7-70-101)

Why you should register Trademark

There is no  obligation to register your brand name, but when you have decided to protect the products created or produced by your own firm, you can rely on common law rights for state, federal or international trademark registration.

In the case when your business merely has been incorporated under “ABC Business” with the Colorado Secretary of State you have not obtained the legal protection of your brand name. This registration means only the fact that you may conduct your business in Colorado. From the point of view of prevention of  illegal use of similar goods or services the Trademark registration can help you protect your business for the future.

Types of Marks Covered

Federal Mark

The Federal Trademark Registration made by the U.S.Patent & Trademark Office  extends your trademark rights across the whole USA. 

State Mark

The trademark management system has its own peculiarity in different states.   If you actually use a certain brand name in your business,  you should ask for trademark registration from the Secretary of State of Colorado.  An electronic application should be filled in for th faster registration of  your trademark.  A state registration grants your trademark right only within the Colorado state’s boundaries. This dataset is provided by the Colorado Department of State (CDOS).

The trademark is owned by the Colorado Secretary of State and the state of Colorado. Bonamark has no affiliation with the Colorado Secretary of State.

Trademark Special Form

In Colorado is allowed the  registration of two types of trademarks. They have some common, but some differences as well. You may choose from a standard character trademark to a special form trademark in accordance to your market purposes. It is necessary to know that you are not allowed to apply for both types of trademark at the same time. What is the difference? 

Words, letters, numbers, or any combination of them obtain a protection of a standard character trademark. Moreover, even if somebody uses protected words, letters, numbers, etc. in different combinations, this will be an infringement.

A need for the special form trademark can arise from your specific demands and design of your products. The stylized design of words, letters and even sounds might be protected by the special form trademark. As well, this trademark helps protect a logo with or without words.

Trademark Law in Colorado

Trademarks are governed by both state and federal law. Originally, state common law in Colorado provided the main source of protection for trademarks. Trademarks Law in Colorado is regulated by the Article 70 Trademarks of the C.R.S. Title 7 Corporations and Associations.

The trademark is owned by the Colorado Secretary of State and the state of Colorado. Bonamark has no affiliation with the Colorado Secretary of State.

What is the process of trademark registration in Colorado?

Your Action before Registration

The creation of your business name is the main thing for the start of the process. The brand name should be represented by the logo that really characterizes your product.  In the opposite case you may have invested a huge amount of money and effort in your product, but  later will have to make changes. It is a really vast amount of precious time in the competition with other businesses on the market. The winner is the first one!

Seach

 When you begin using your brand name in commerce in a particular geographical area, the common law trademark rights appear. The first person to do this owns the common law rights to the mark in that area. Are you planning to use this particular trademark only in Colorado? You simply need to register it here. However, this is not an obligation, but a recommendation to  order a trademark search before filing an application. In any case this search will help you avoid any troubles in the future.

Application

A Statement of Registration of Trademark must be electronically filed.

While you have made a decision to register a trademark in Colorado you may deliver the filled application to which a specimen and, if you need a special form trademark, a drawing is attached.

State Registration has its Benefits

Registration in shorter term

Do you want to pass the registration under Colorado law more easily, more fast, and spend less money? In comparison with the federal trademark registration, you can obtain good service with a lower price. However, you should also be aware that the state registration is the secondary one.

LOWER FEES

The fact that the state level of registration fees in Colorado is much lower than federal registration fees must attract your attention. This is duly no in-depth search process. 

Trademark Expiration and Renewal

•  In accordance with section 7-70-105, a statement of trademark registration shall be effective for a term of five years from the date on which the statement of trademark registration is filed by the secretary of state.  (Colo. Rev. Stat. § 7-70-104)                   
• Taking into account the fact the terms of trademark expiration you should apply for the Renewal to the secretary of state, for filing a statement of renewal of trademark registration:

(a) No earlier than one hundred eighty days before the expiration of the current term of effectiveness of the statement of trademark registration; and

(b) No later than the date of expiration of the current term of effectiveness of the statement of trademark registration.

How an Attorney Can Help?

First of all, you need to be sure that you can use your trademark in Colorado, because all states have separate trademark registers. Once you are sure the brand name is perfect and have no wish to search through the various databases, you can hire a local attorney.  The local attorney can scan federal and state trademark registers and make the conclusion regarding the possibility of certain registration.

IS IT THE OBLIGATION TO HIRE A TRADEMARK ATTORNEY?

The main reason is that the local attorney is really aware of the state trademark law.   As well, you have your own business and don’t have enough time to learn about all the details of the trademark registration. This is not your problem. The application process, for example, demands much attention and knowledge. Yes, the on-line application exists, but it has a number of potential complications while filling in. The best decision is to hire an experienced lawyer who will be able successfully register your mark in the short term. 

In the case when your application is rejected for any reason, the attorney writes an appropriate response on your behalf, tracks the status of the application, the deadlines, provides you with advice, sends the caution to any other party which begins illegal competition using your registered trademark, ets.

FAQ

Q. How long is a trademark effective?

A. you should know that trademarks are effective for a period of 5 years, which begins on the date when it’s filed.

Q. Does the trademark registration in Colorado guarantee the priority in contrast to the federal registration?

A. No. The Secretary of State’s office registers your trademark only within the state borders, not for the whole USA. 

Q. How can I save money on a trademark registration with the USPTO? 

A. If you are going to save money using a low-cost service you may have problems down the road. You should be sure that your trademarks are treated and protected as a most important part of your market identity.

Q. How long is the process of Trademark Registration in Colorado?

A. In Colorado, it takes approximately 12 to 18 months to receive a trademark registration. In case of hiring a local attorney you will be able to speed up the process. You always will be informed of expectations and will be able to avoid mistakes and delays. 

Q. Can I register my trademark myself?

A. Yes, of course, in case when you are a US resident, you can apply for the mark yourself. Taking into account a significant risk of refusal and complications of the Trademark Law, you, as a regular business owner, can’t allow yourself to spend your precious time for this process. 

Q. How do I know if my brand qualifies for trademark registration in Colorado?

A. When you have created a new product or service, you should be sure that they are distinctive, are not confusingly similar to those just existing on the market and so on. Simple example can explain what we are talking about. Cannabis is still illegal on a Federal level and the products containing it are not allowed for trademark registration with USPTO, but may be eligible for registration in Colorado.

Q. What is the cost of registering a trademark in the U.S., and are there different fees in Colorado?

A. The type of application and the number of classes of goods or services are the base for the difference of costs for trademark registering which typically range from $225 to $350 per classification at the federal level. For Colorado state the registration fees level is much lower than federal registration fees. 

Q. How can I save money on a trademark application?

A. Of course, you save money if you conduct the exact-match search, fill in the application, check all state databases, internet, social media, go through all pitfalls of the Trademark Law and obtain at least a positive decision. 

Q. Is a trademark an asset or liability?

A. Trademarks are intangible assets of a business. A trademark is capitalized for the purpose of accounting. Capitalisation of trademarks or service marks means a business or company records them as assets in their books of accounts through a journal entry.