You have an idea for a new business, and you want to make sure no one is already using it. In order to protect and register brand name, you need to file for federal trademark protection. Depending on how confident you are in your idea, this may seem like a daunting task. But dont worry—it is actually quite easy! This article will walk through the steps involved in applying for a trademark register service and tell you what to expect along the way.
Go to the United States Patent and Trademark Offices website to start your trademark search.
If you’re searching for a specific trademark, type it in as much detail as possible to narrow your results—for example “Athletic footwear” rather than “Footwear”.
If you want to find out if someone else owns the same or similar trademark as yours:
- Search by status – choose “Active” if they have applied for protection; or
- Search by owner name – choose “All records when no specific date is requested”
Select a category, complete your trademark application and pay the required fee.
Once you’ve determined that your proposed mark is eligible for registration, you will need to select a category and complete the trademark application. There are many different categories under which you can choose from, as well as an option to select more than one category. These categories include:
- Goods and Services
- Brand Name or Company Name
- Certification Mark
- Collective Mark (for members of an association)
- Device (a design or symbol)
- Deserted Mark (when someone else has already filed a similar trademark)
You must use the trademark in commerce before filing your application.
You will be required to provide evidence of use, such as sales receipts and invoices, or other documents showing that you have sold products under your trademark. You should start using the trademark as soon as possible after registering it, so that you can demonstrate to the USPTO what kind of business is associated with this name.
You should also know that you can use the trademark on marketing materials such as websites and business cards if they are not used in interstate commerce (i.e., if someone from one state buys from another).
If you’re looking for a trademark attorney, you can find one through a private lawyer referral service or by searching online. Your trademark attorney can file a Notice of Opposition on your behalf if you disagree with an Office Action.
An Office Action is the USPTO’s response to your application for registration. The office action may reveal that there are issues with your trademark filing, such as:
- Conflicts with existing trademarks or pending applications
- Inability of the mark to function as a trademark (in other words, it’s too generic)
Ensure that your trademark is unique to avoid infringing on another company’s registered trademark.
You can avoid infringing on another company’s trademark by ensuring that your trademark is unique. To make sure your mark is distinctive and not too similar to another company’s registered mark, you should:
- Make sure it’s not too similar to a common word or phrase
- Ensure it’s not too similar to a generic word or phrase
- Ensure that it doesn’t infringe on another company’s registered trademark
You may only apply for a federal trademark registration if you already use the trademark in commerce.
You can only apply for a federal trademark registration if you are using the trademark in commerce. If you have not yet started using the trademark, we recommend that you wait until you begin using it before filing an application, so that there is no doubt about whether or not you have begun to use it. Once your application has been filed and accepted, it will be public record that the trademark was used at some point before then. This could cause issues with other companies who might try to register similar trademarks at a later date (see below).
The process of applying for a US Federal Trademark is simple, but it is important to understand what will happen along the way.
Before you begin the trademark application process, it’s important to understand that it’s a long one. You can expect it to take anywhere from six months to two years or more before your trademark is registered and ready for use in commerce. This can be discouraging, but the good news is that there are ways to speed up this process and make sure that your trademark doesn’t get lost along the way.
You’ll also want to make sure that you’re submitting an accurate application with all of the necessary information required by law. If there are any mistakes or omissions on your part (and we all make them), then this could delay things even further down the road as well. It’s always better safe than sorry when filing for trademarks—especially if you plan on getting more than one!
The process of applying for a US Trademark Registration is simple, but it is important to understand what will happen along the way.
