A trademark is a symbol, word, or phrase that represents a product or service.You have the right to take legal action if someone tries to use it.To obtain a trademark, you have to come up with a unique mark that isn't already in use, then file an application and pay the filing fee.You can use your trademark in commerce if your application is approved.
Step 1: Determine if your mark is strong.
The first step in the trademark process is to make sure your name is in line with the United States Patent and Trademark Office's definition of strong.No one else's mark must have a non-intuitive meaning that represents your services or product.The marks that fall into the "weaker" categories have very little chance of being trademarked by the US Patent and Trademark Office.The categories are from strongest to weakest.Fanciful or arbitrary marks are the strongest type because there's a chance someone else will use them.This category includes words that aren't usually associated with a product or service.It would be fanciful to name a shoe company "Brunnox" and a beer product "Flashlight"..A suggestive mark isn't necessarily a description of a service or product.Marks in this category aren't as strong as those considered fanciful or arbitrary, but you can still get a suggestive mark trademarked if it meets other requirements."Soft and bright" is a suggestive slogan for an undershirt company..The trademark protection is difficult to enforce because there's a good chance other people could use the same mark."Wash and Scrub Cleaners" is a description of a cleaning service..It is not possible to trademark a word that is in this category.It would be difficult to enforce a trademark because of the widespread use of generic marks.A lantern company named "Lantern" is an example.
Step 2: Search terms can be created.
It's time to make sure the mark isn't already being used.You can't trademark your company name if another company has already done so.Think about some search terms.Since your goal is to determine if another company is using the name that you want to trademark or something similar, you should choose search terms that are similar to your company's name.
Step 3: A basic trademark search can be done online.
You can begin the search by typing in your search terms.Take special note of the results that are very similar or identical to your company name.Any similar marks are used to represent the type of product or service.Any mark that is very similar to your company name should be noted.Look in the search results for the mark being used in connection with hair care products if your company is making and selling hair spray.
Step 4: TESS is a Trademark Electronic Search System.
You can use a TESS search to find your company name.To do the search, go to the website of the US Patent and Trademark Office and type in your search terms.As you did in the previous step, take note of the search results.
Step 5: Consider hiring a trademark attorney.
You should have a good idea of whether another company has already trademarked your company name after you conduct your search.You can see applications that have already been denied.If you find that another company has a similar mark to yours but you still want to use your company name, you should consult a trademark attorney in order to determine if you are legally entitled to do so.If you find no other company using your name as their own mark, you may want to hire a trademark attorney to make sure your search was accurate.An attorney will help you complete the process.
Step 6: Obtain a trademark.
Trademark applications can be submitted by mail or electronically.You can get a PDF version of the trademark application.You can either fill out the application electronically or print it out and mail it.
Step 7: You have to fill out the trademark application.
Instructions for filling out the Initial Application form can be found on the website.The form requires the name of the company, your address, and the type of product or service the mark will be used for, as well as a piece of paper with the trademark on it, or in a digital file in an approved format.The trademark "in use" must be attached or submitted prior to final issuance of the registration.Attach all requested documents after completing the entire form.Be careful!If the company is a separate legal entity, naming yourself as the owner may void your application.
Step 8: You have to pay the filing fee.
The filing fee can be either $275 or $325 depending on the method of filing.
Step 9: The application needs to be submitted.
You can submit the application online or by mail.Attach any required documentation to the application and make sure it's completely filled out.The application review process takes several months to complete, and the USPTO will send you a notice of any action it has taken on your application.You should keep an eye on the TESS database to follow the progress on your application.When your application is allowed, you will be notified.
Step 10: Promptly reply to all correspondence from the US Patent and Trademark Office.
If your application is not approved or you make any errors in the application, you will be contacted by the USPTO.You should respond to any correspondence as soon as possible.If the application is initially rejected, do not give up.The examiners may make mistakes or seek clarification from you.You may want to consider hiring a trademark attorney.
Step 11: Don't let your trademark go to waste.
Other than preventing others from registering a brand that is confusingly similar to those already registered, the USPTO does not enforce trademarks.If someone else uses your trademark, you will have to take legal action.You could lose your trademark protection if you don't enforce it.To maintain your registration, you will need to make additional filings with the US Patent and Trademark Office.It's a good idea to have someone look at TESS and the Internet from time to time, to make sure they don't get too far.Only when used in association with the goods or services included in your registration can you use the "circle-R" mark on your trademark.You can use your brand on things that aren't federally registered.The company name should not be used to identify the company rather than the goods or services under the brand.