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Step 1
Obtain a trademark to identify your small business's name or logo on products or for services rendered. Any symbol or visual representation associated with your small business can be trademarked.
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Step 2
Consider the rights afforded to you by a trademark. A registered trademark provides your business with legal protection against trademark infringement and the ability to bring a suit against someone who commits trademark violation.
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Step 1
Visit the United States Patent and Trademark Office Web site for trademark information as well the necessary applications (see Resources below).
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Step 2
Conduct a trademark search to see if your trademark is already taken.
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Step 3
Consider hiring an attorney who specializes in intellectual property law to help you with the application process.
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Step 4
Prepare to wait for approval. Getting a trademark can take up to 7 months.
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Step 5
Use the trademark notation ™ before your trademark is processed. You can only use the registered trademark notation ® once your application is officially approved.
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Step 6
Remember that trademarks are valid indefinitely but you will need to renew your trademark periodically.
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Step 1
Enforce your trademark rights diligently. Even though you registered with the USPTO, the agency does not handle disputes or lawsuits resulting from suspected trademark infringement.
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Step 2
Ask your intellectual property attorney to help report any violations of your trademark rights.
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Step 3
Report any trademark violations in a federal civil court if you want to pursue legal action. The trademark holder must file the suit.
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Step 4
Document any evidence that supports your claims of trademark violation. Make sure your attorney reviews this evidence to determine whether or not it will be considered admissible in a court of law.
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Step 5
Be aware that settled trademark disputes usually result in financial settlements that take into consideration lost profits.
