How to Trademark Digital Intellectual Property

The use of a trademark, whether it is a word, number or symbol, indicates a unique source of products or services in a particular industry. Trademarks of large companies are most familiar, but anyone who wants to maintain the distinctiveness of a company can use this special mark. People who produce books, music or business processes should learn how to trademark these examples of digital intellectual property.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Knowledge of competing businesses and their trademarks

1. Research trademarked intellectual property through the U.S. Patent and Trademark Office (see Resources below). This federal agency keeps an interactive database of all trademark images, slogans and other depictions. This service prevents duplication and ensures that businesses have access to all the information they need during the application process.
2. Develop a description of the types of goods and services you will provide. The trademarked image needs to be accompanied by a comprehensive list of what the image represents. The USPTO will not complete registered trademark applications without satisfactory documentation.
3. Ensure that the depiction of your trademark is clear and accurate when submitting the application. Intellectual property lawyers and federal auditors review applications to ensure that every detail is clear to prevent confusion or legal trouble. A blurry image or a misrepresentation will lead to a rejected application.
4. Consult with business partners, colleagues and an intellectual property lawyer before submitting a trademark application. Business associates can help review accompanying materials to ensure their accuracy. An intellectual property lawyer can ensure that all of the necessary details are entered and help file any amendments to the application that may be necessary down the road.
5. Submit your trademark application to the USPTO. Some businesses prefer to send a paper copy of their application to the agency to ensure that they have a hard copy. The USPTO encourages applicants to submit trademark materials through their online system when possible to ensure expediency.

Tips & Warnings

• Gain a fuller understanding of the digital trademark process by doing some research. The Cornell University Law School moderates a Web page on digital trademarking of intellectual property that is unbiased and is updated regularly (see Resources below).
• Understand that trademarks are only applicable for goods and services readily available to the public. U.S. trademark law prevents individuals from trademarking slogans or figures without applying them to a legitimate business.