How to Obtain Trademarks for Your Small Business

Creating a name, logo and packaging design for your small business is a huge and exciting step. But these are your original designs and your intellectual property, and after all of your hard work you don't want someone to rip you off. The next step is to legally protect these aspects of your company by obtaining trademarks for your small business.

Difficulty: Easy

Instructions

Know What a Trademark Is

1. Learn what can be trademarked. Trademarks cover names, symbols and other kinds of representation used to identify a company.

2. Consider that trademarks can be renewed forever as long as the symbol is being used in business.

3. Understand the differences between types of trademarks. Service marks identify a service instead of a product, certification marks associate a product or service with another established owner of the trademark, and collective marks represent an organization.

Consider the Benefits of Registering a Federal Trademark

4. Understand the rights a trademark gives you. Officially registering a trademark gives you the legal right to use that mark exclusively.

5. Consider the protection a trademark affords. A federally registered trademark allows you to pursue legal action when someone infringes upon your trademark.

6. Learn the differences between trademark symbols. The mark "TM" alerts the public you are claiming rights to a mark whether or not you actually make a claim with the United States Patent and Trademark Office. You may use the ® mark only when your trademark has been officially registered by the USPTO.

Obtain a Trademark for Your Small Business

7. Show proof of the use of a product or service in commerce as part of the application process. You are eligible for a registered trademark as soon as you use a product or service in commerce.

8. Conduct a search for your trademark or a design search for visual trademark elements before you apply to register a trademark. If it's too close to a currently registered trademark, your application will be rejected.

9. Obtain a trademark by filling out the application on the USPTO Web site and paying by credit card or bank transfer (see Resources below).

Tips & Warnings

• If you are planning on pursuing a claim of trademark infringement, hire a lawyer who specializes in intellectual property law.
• The trademark application process can take up to 7 months.
• You will need to renew your trademark periodically (see Resources below). If you don't, you may lose your rights and be guilty of trademark infringement yourself.

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