How to Trademark a Name

A trademark is a type of intellectual property and usually comprises a name, and a logo or symbol. The purpose of trademarking your name or logo would be to protect you from anyone else using it and infringing on your business identity. Typically, when you choose a name or logo, you want your customers to identify only your business with this symbol. So trademarking ensures that no one else can cash in on this association.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Your trademark
• Internet access
• Money for fees associated with process

1. You’ll want to check out the US Patent and Trademark Office’s website to read everything you can about the rules and requirements for applying for a trademark registration. The site includes plenty of frequently asked questions and a glossary with all the legal terms associated with trademarks.
2. The next step is to search the Trademark Electronic Search System (TESS) database to make sure that someone else doesn’t already have the trademark you are trying to obtain. You can also try searching a Patent and Trademark Depository Library for information on your trademark. Use the Internet to see where you can find a local branch near you.
3. After you’ve researched your trademark, you need to come up with a description of goods and services. This is basically just a statement identifying what type of good and services the mark will be used for. You’ll definitely need this as a part of your trademark application. But don’t worry! You can find examples online.
4. You’ll also need a representation of your mark for your application. That’s used by the US Patent and Trademark Office to file in their search records. You can use either a standard character format, which is the words and characters of your name or logo without any design. Or you can use a design format, which includes the design elements of the name or logo you’ve chosen. You can’t use both, so just pick one and submit it. The standard character format is broader when it comes to rights.
5. Now that you’ve done all of this, you can file your trademark application online using the US Patent and Trademark office’s Trademark Electronic Application System (TEAS). Use the TEAS to fill out your application completely and submit your application fee using a credit card, an existing USPTO deposit account, if you have one, or via electronic funds transfer.
6. Once you file you application online, you’ll get a summary of you filing by email and your application will be assigned a serial number. You can use this serial number to track your filing and you’ll need to use it in any future correspondence to the US Patent and Trademark Office. Within about five or six months, you’ll receive a response from them, but it can take anywhere from a year to several years for your application to be processed. You can monitor your application’s progress using the Trademark Application and Registrations Retrieval. Good luck!