How to Acquire Trademark Rights
Although you can establish rights over a trademark through its use in commerce, registering your intellectual property and branding on the principal trademark register offers a greater degree of protection in the event that your rights are infringed. Registering your mark officially enables you to bring action in a federal court and can be used to obtain trademark protection in foreign markets.
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Instructions
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Go to the United States Patent and Trademark Office Trademark Electronic Search System to ensure your trademark can't be confused with a mark already registered or a pending application. You can use three search criteria to look for registered marks that may be similar to yours and cause your application to be denied.
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Navigate to the patent office's "Initial Application Forms" page, review the information presented and click on "Trademark/Servicemark Application, Principal Register." The fee you'll need to pay for applying to register a trademark will depend on the number of marks you require, the number of classes you require -- the different contexts in which the trademark will be used -- and the version of the application form you use.
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Select the method you want to use to apply for trademark protection and click through to complete and submit the forms. You'll be sent and automated email to confirm the receipt of your application.
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Check the Trademark Applications and Registrations Retrieval database every three to four months after you've submitted your application to check on its progress. The patent office will contact you when a final decision has been made.
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File all paperwork as directed by the patent office after your trademark has been registered to continue to receive protection. You'll be required to submit declarations at intervals of around five years after your trademark has been registered.
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Tips & Warnings
You'll be asked to upload examples of the branding you want to protect.
The Trademark Electronic Application System Plus application process is cheaper than using the TEAS form, but it has stricter requirements. Review the information provided in relation to your application thoroughly before deciding which process to use.
If you want to buy a trademark that has already been registered, you will need to contact the rights-holder.
All of the personal details you submit with your application will be a matter of public record.
Your filing fee won't be refunded if your application is denied, so the USPTO says it may be worth your while to hire an attorney who specializes in trademarks to carry out the search for you. If your trademark infringes on a mark that's already registered, you'll have to change it.
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