How to Trademark a Digital Concept

The use of a trademark involves attaching symbols or names to a business in order to distinguish it from competitors. Trademarks are increasingly important in the electronic marketplace. Small businesses with a digital jingle, article or concept try to distinguish themselves in any way possible. As an entrepreneur, an artist, or an amateur, you should understand how to trademark your unique digital concept.

Instructions

Difficulty: Moderately Challenging

1. Talk to a qualified intellectual property expert before proceeding with an application. Major universities often have professors who are well versed in intellectual property issues. The American Bar Association or a local law school can also provide trademark application assistance, often for free (see Resources below).
2. Refine your digital concept to the point where it is ready for the general marketplace. The trademark application through the USPTO requires a clear final version of the symbol, slogan, or sound associated with the applicant. Misrepresentation of the concept covered by the trademark application leads to rejection and another long effort to receive legal protection.
3. Prepare materials for your application demonstrating the type of work represented by the trademark. The USPTO requires a comprehensive list of the types of products and services provided by the applying company. This list should include specific product names, descriptions of services, and potential developments that would be covered by the trademarked concept.
4. Send your completed trademark application off to the U.S. Patent and Trademark Office. The USPTO has a checklist on their website of all the materials needed. The quickest way to receive an acceptance of your application materials is to use the agency's online application system.
5. Keep your application serial number handy to stay abreast of your application's status. The USPTO gives daily updates on their online application system but requires an applicant's serial number before divulging information.

Tips & Warnings

• Determine whether your digital concept falls under the auspices of trademark protection. Trademarks do not protect writing, full-length songs or other materials used for creative purposes. Your digital concept must be a slogan, a symbol or other mark representing goods and services available to the public.
• Steer clear of confusing duplication of trademarked images and concepts. You need a unique trademark to set yourself apart from the competition in a tough marketplace. A good resource for finding trademarked concepts in your field is the U.S. Patent and Trademark Office's trademark database (see Resources below).