How to Register a Trademark
The Basics of Federal Trademark Registration
With a thorough registered trademark search and a properly completed trademark application, anyone can register a trademark on their own. A trademark is what a business or individual uses to represent themselves. Whether it be a word, phrase, symbol, or design, it is one's identity in the world of commerce. Although use does establish some degree of ownership, registration offers much more trademark protection. This is why it is so important to learn how to register a trademark and officially own a federal trademark registration when doing business with goods or services.
Registering a trademark can be done one of two ways — with the guidance of a trademark attorney, or without one. By the time a mark is filed, the professional help of a trademark attorney can cost several thousand dollars, depending on the rate of the attorney, and the amount of complications which may arise, such as objections or challenges to the trademark application. On the other hand, a trademark attorney can potentially increase the likeliness of being awarded a federal trademark registration in the first place. Learning about the entire trademarking process can help one make a decision to register a trademark oneself or with legal advisement.
How to Register a Trademark Without a Trademark Attorney
To register a trademark, one must first make sure that no one else has a pending trademark application or is using the mark, either with or without federal trademark registration. This is done by doing a registered trademark search. A search can be done online or in person for free, or a private trademark search firm can check for uses for several hundred dollars.
A free online trademark search can be done through the Trademark Electronic Search System (TESS) which is provided by the United States Patent and Trademark Office (USPTO). One can also go directly to the USPTO Public Search Facility in Alexandria, Virginia, where research assistance is offered, or visit any Patent and Trademark Depositary Library, found in most states throughout the United States. It is important to investigate not only the specific desired mark, but similar marks as well as a related likeness can cause a conflict of interest.
If cost is not an issue, using a professional trademark search firm can save a lot of time and effort, and do a more thorough investigation. Look for a search firm with years of experience and access to resources beyond what the USPTO offers to the public. Before spending the time or money to do any type of registered trademark search, do a simple preliminary search through any internet search engine to rule out obvious conflicts with a desired mark.
Preparing a Trademark Application Correctly to Register a Trademark
After verifying that the mark is not in use, the next step to register a trademark is to fill out the trademark application. The most efficient and least expensive way to do this is online through the Trademark Electronic Application System (TEAS). To file a non-electronic application, call the USPTO to request a form, at (800) 787-9199. Electronic filing costs from $275 to $325 for every class of good or services that the mark will be used for; paper filing is $375 for every class.
Before starting to fill out the trademark application, gather all materials and information that trademark registration requires.
- the name of the applicant, which can be the individual seeking the federal trademark registration, a partnership, or a company
- an up-to-date contact address
- the mark itself — if filing online a 300 pixels per inch JPEG file, if non-electronic, a 3.5 by 3.5 inch image in the center of a non-glossy piece of 8.5 by 11 inch paper, below a heading listing name, address, list of goods or services, and dates of use or the phrase, 'intent to use'
- the list of each class of goods and services for which the mark has already been used, or there is an intent to use, for example, food, primarily cookies and ice cream, or clothes, primarily t-shirts and jackets
- if registering a trademark based on previous use, the dates when the mark was first used, and then first used in a business transaction
- specimens — proof of use of the mark, such as images of the mark on a product or a container, a display, or tag for goods; advertisements, brochures, or business cards for a service
- filing fees
Submitting the Trademark Application for Federal Trademark Registration
Now the trademark application can be filled out and sent in along with all pertinent materials. When a file is submitted, it first goes to the USPTO to make sure the minimum requirements to register a trademark are met . If they are not, the USPTO will return the application so it can be properly completed. If the minimum requirements are fulfilled, the USPTO sends the application to an examining attorney to search for conflicting marks and evaluate the validity of the request for a federal trademark registration. This process can take several months.
If the examining attorney determines that there are no conflicting marks, and the application is enough to satisfy current trademark laws, then the official mark will be awarded. If not, the applicant will be informed either by the attorney, or the USPTO, and given six months to remedy any problems. At that point, if the attorney still believes the trademark application presents a problem, the trademark will be denied, and the filing fees are lost. As it is a possibility to be denied a federal trademark registration, some people are more comfortable with the assistance of a trademark attorney.
Sources:
The United States Patent and Trademark Office
The Symbol for Federal Trademark Registration
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How to Register a Trademark
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Register a Trademark Online
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Companies Depend on Federal Trademark Registration
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