You have a fresh company concept and want to be sure no one else is exploiting it. To protect and register a brand name, you must apply for federal trademark registration. This may appear to be a tough process depending on how sure you are in your concept. But don’t worry—actually it’s fairly simple! This article will lead you through the procedures of applying for a trademark registration service and what to expect along the road.
To begin your USPTO trademark search , go to the website of the United States Patent and Trademark Office.
If you’re searching for a certain brand, put it in as much detail as possible to restrict your results—for example “Athletic footwear” rather than “Footwear”.
If you wish to see if someone else possesses the same or a similar trademark to yours, you may do the following:
Search by status – select “Active” if they have applied for protection; or Search by owner name – select “All records” if no specific date is required.
Choose a category, fill out your trademark application, and pay the applicable price.
After determining that your proposed mark is acceptable for registration, you must choose a category and complete the trademark application. There are several categories from which to pick, as well as the opportunity to select more than one category. Goods and Services are two of these categories.
Brand Name or Company Name Certification Mark Collective Mark (for association members) Device (a design or symbol) Deserted Mark (when someone else has already filed a similar trademark)
Before filing your application, you must have used the trademark in commerce.
Evidence of usage, such as sales receipts and invoices, or other papers demonstrating that you have sold items using your brand, will be requested. You should begin utilising the trademark as soon as feasible after registering it to show the USPTO what type of business is linked with this name.
You should also be aware that if the trademark is not utilised in interstate commerce, you can use it on marketing materials such as websites and business cards (i.e., if someone from one state buys from another).
If you need a trademark attorney, you can discover one by contacting a private legal reference service or searching online. If you disagree with an Office Action, your trademark attorney can submit a Notice of Opposition on your behalf.
An Office Action is the USPTO’s reaction to your registration application. The office action may uncover problems with your trademark filing, such as:
Inability of the mark to act as a trademark (in other words, it’s too general) Conflicts with existing trademarks or pending applications
To prevent infringing on another company’s registered trademark, make sure your trademark is distinctive.
You may prevent infringing on another company’s trademark by making yours distinctive. To ensure that your mark is different and not too similar to the registered mark of another firm, you should:
Check that it isn’t too close to a popular term or phrase. Check that it isn’t too similar to a generic word or phrase.
Ensure that it does not infringe on the registered trademark of another firm.
Only if you are currently using the brand in commerce may you file for federal trademark registration.
If you use the brand in commerce, you can only file for a federal trade mark registration. If you have not yet began using the trademark, we recommend that you wait until you do so before filing an application, so that there is no ambiguity as to whether or not you have been using it. Once your application is filed and accepted, it will be public record that the trademark was used previously. This may present problems for other firms who attempt to register identical trademarks at a later date (see below).
The procedure of applying for a US Federal Trademark is straightforward, but it is critical to understand what will occur along the journey.
Before you begin the trademark application procedure, you should be aware that it is lengthy. It might take anything from six months to two years or more for your trademark to be registered and ready for commercial use. This might be disheartening, but the good news is that there are ways to expedite the procedure while ensuring that your trademark is not lost along the way.
You’ll also want to ensure that you’re submitting an accurate application with all of the relevant information. If you make any mistakes or omissions (and we all do), this may cause things to be delayed even more. When it comes to trademarks, it’s always better to be safe than sorry—especially if you plan on acquiring more than one!
The application procedure for a US Trademark Registration is straightforward, but it is critical to understand what will occur along the route.