Introduction
Trademarking a name is a crucial step for businesses and individuals looking to protect their brand identity. A trademark is a symbol, word, phrase, logo, or design that identifies and distinguishes a product or service from those of others. It provides legal protection against unauthorized use of your brand name, ensuring that your business maintains its unique identity in the marketplace.
Common Law vs. Federal Registration
While you gain some rights through common law trademark usage, federal registration offers significant advantages:
- Nationwide protection
- Legal presumption of ownership
- Right to use the ® symbol
- Ability to file with U.S. Customs to prevent imports of infringing goods
Step 1: Conduct a Trademark Search
Before beginning the trademark application process, conduct thorough research to ensure your desired name is available:
- Use the USPTO Database: The United States Patent and Trademark Office (USPTO) provides a free online database called the Trademark Electronic Search System (TESS).
- Check Domain Names and Social Media: Ensure that the name is available as a domain and on social media platforms.
- Consider using tools like Trademarkia or Trademark Engine for additional searching.
Step 2: Determine the Type of Trademark
Trademarks can be categorized into different types:
- Word Mark: Protects the text of the name itself, regardless of styling
- Design Mark: Protects a specific design or logo
- Composite Mark: Protects a combination of text and design elements
- TM Symbol: Used for unregistered trademarks
- ® Symbol: Used for registered trademarks
Step 3: Prepare Your Application
Gather the following required information:
- Owner information
- Mark information
- Goods and services description
- Filing basis
- Specimen (if applicable)
- Filing fee ($250-$350 per class)
Choose Your Filing Basis
Select between two primary filing bases:
- Use in Commerce (Section 1(a))
- Intent to Use (Section 1(b))
Step 4: File the Application
File your application through the Trademark Electronic Application System (TEAS) using either:
- TEAS Plus: More cost-effective option with stricter requirements
- TEAS Standard: Offers more flexibility at a higher cost
Step 5: Post-Filing Process
- Application Review (3-4 months)
- Office Action Response (if needed)
- Publication Period (30 days)
- Registration Certificate (if no opposition)
Common Pitfalls to Avoid
- Insufficient research
- Incorrect classification of goods/services
- Poor specimen quality
- Missing deadlines
- Inadequate description of mark
Maintaining Your Trademark
To maintain your trademark protection:
File maintenance documents between the 5th and 6th year after registration File renewal documents every 10 years Monitor for potential infringement Use the mark consistently in commerce
International Protection
For international trademark protection:
- File through the Madrid Protocol
- File directly in desired countries
- Work with local counsel in each jurisdiction
Working with Professionals
Consider hiring a trademark attorney for:
- Complex applications
- Office action responses
- Opposition proceedings
- International protection
- Ensuring proper application preparation
For more detailed information, visit the USPTO website or consult with a trademark attorney.