How to Register a Trademark

Registering your trademark with the US Patent office is an important step in the development of your business or nonprofit organization. It will identify your product or service in the marketplace and establish a unique identity. Here's how to obtain a trademark.

Instructions

Difficulty: Moderate

1. Educate yourself on the types of intellectual property. There are differences between a trademark, service mark, patent and copyright. Go to the United States Patent and Trademark Office's website(see Resources below) and on the sidebar click "Trademarks" then "Where Do I Start?" This gives you a good overall introduction to the process.
2. On the USPTO website, search for existing and pending trademarks similar to your own. If your trademark or service mark is too similar to an existing mark, then it will not be approved. To search click "Trademarks" then "Search TM database (TESS)." If your mark has a design, search for it by its design code. If you find a trademark similar to your own, check its status in Trademark Applications section of the website by again clicking "Trademarks" then "Check Status (TARR)." This will direct you to the Trademark Applications and Registrations Retrieval page.
3. Draw up a statement identifying the goods or services you will use with your trademark. Make it specific to your product or service. Go to the "Acceptable Identification of Goods and Services Manual" found on the USPTO website to find out how your product or service should be identified.
4. Design the mark you want to register. There are two types of trademarks. Stylized includes your company or nonprofit logo or other graphics representing your product or service. Standard character format is a group of words representing your product or service. If you have both kinds of marks, you will need to file two separate applications.
5. File a TEAS application. This stands for Trademark Electronic Application System. Click the "Trademarks" sidebar, then the "TEAS" link. You can also file a paper form by contacting the USPTO's office at [phone] and requesting a paper form. Registration requires a fee of $400. You receive an email with a serial number immediately if filling electronically. If filing by mail, it takes about 2 to 3 weeks to get a response.
6. Check the status of your application through the TARR database. Do this by again clicking "Trademarks," then clicking "Check Status (TARR)." Just type in the serial number of your application and click "Request Status."

Tips & Warnings

• Beware of companies trying to help you register your trademark or obtain your patent. They charge fees for information that is available for free from the USPTO.