Trademarking 101

Trademarking an item is a timely process that begins with filing an application. Trademarking is regulated by the U.S. Patent and Trademark Office, or USPTO.

  1. Definition

    • According to the USPTO, a trademark is "a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others."

    Process

    • People wishing to trademark a symbol, word or phrase must search the USPTO's trademark database to ensure that the item they wish to trademark is available. When an available mark is chosen, the applicant files an application ensuring that all requirements are met. The application can be mailed or filed electronically. The USPTO reviews the applications to verify that they meet all requirements.

      A few weeks after an application is filed, a notification is sent to the applicant stating that the application is under review. It can take a year or longer for the trademark to actually become official.

    Details

    • The application to trademark an item must contain certain information, including the applicant's name and address for correspondence. It must include a drawing of the mark, a description of the goods or services it will represent, and a filing fee.

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