How to Trademark Your Invention Name

One of the ways to help protect your new invention is by trade marking its name. While you can, of course, pay someone to do the work for you, you can also do it yourself by following the steps below.

Instructions

Difficulty: Moderate

1. Begin with a trademark search to make certain that your invention's name and/or logo isn't already being used. You can do a preliminary search yourself through your state's Patent and Trademark Research Library or online. However, keep in mind that state libraries are often behind in filing this type of information. For that reason you might want to submit the paperwork to the Patent and Trademark Library in D.C. and let the experts perform the search for you. This can also be done on line at uspto.gov.
2. Decide what method you want to use to protect your trademark. It can be done by common, state, or federal law.
   
   A trademark that is used before it is protected by trademark law, is referred to as being protected by "common" law. However, a common law trademark is only good within a certain radius of where the product was developed. However, a product that has been trademarked through the federal Patent and Trademark Library in D.C., is protected in all 50 states as long as it is being sold in at least one of those states.
3. Once it is determined that no like trademark is currently on file, then an invention trademark can be accomplished by filing a formal written application to the federal Patent and Trademark Library in D.C. The application must specify the date that the trademark was first used as well as outline the invention for which it was used.
   
   The application must also include a drawing of the trademark or an accurate visible representation of the mark such as might be done on a computer or through a graphics program. If a particular color scheme is involved in the trademark, then the application must indicate the color or colors to be used as well as include a representation of how they will be used in the mark.
4. If, however, the invention trademark has not yet been used in commerce, then the trademark applicable must be filed along with a statement of "intent to use trademark." The statement must explain, in detail, how the user intends to use the invention trademark such as, but not limited to the following:
   
   To be stamped on the actual invention;
   To be committed to labels for marking the invention and all of its packaging;
   To be used in invention packaging;
   To be used in all marketing and advertising of the invention; or
   To be used as the owner so chooses in conjunction with the invention.
   
   The application must also include an "intent to use" drawing of the trademark or an accurate visible representation of the mark such as might be done on a computer or through a graphics program. If a particular color scheme is involved in the trademark, then the application must indicate the color or colors to be used as well as include a representation of how they will be used in the mark.
   
   However, the actual registration of the trademark will not become effective until such time as it actually used in commerce and evidence of its use, and how it was used, along with examples of its used, are formally filed with the federal Patent and Trademark Library in D.C.
5. Each invention trademark application must be submitted to the federal Patent and Trademark Library along with the appropriate fees, which vary depending upon when and how the mark has been or will be used. If you are filing an online application, you will be required to pay via credit card.
6. Once the federal Patent and Trademark Library has approved the trademark, and so notified the owner, other individuals have 30 days to challenge or oppose its issuance as outlined. If no opposition is received, then the registration of the invention trademark will be issued to the invention owner.
7. Invention trademarks must be maintained. Although, the trademark is issued for ten years, invention owners must file an affidavit of continued use as outlined by the federal Patent and Trademark Library at the time of the trademark's initial issuance.
8. The invention owner must continue to renew the trademark for consecutive ten-year periods for as long as the mark continues to be used. This can also be accomplished online at uspto.gov.
   
   Failure to appropriately renew a trademark may result in the loss of ownership of the trademark.
9. In the event that the invention owner wishes to change the invention trademark, he or she may be able to file an amended application or may be required to file a completely new application. That decision will be based on how and why the trademark is being changed. For detailed information on this process, inventors should contact the federal Patent and Trademark Library.

Tips & Warnings

• Trademark can consist of a single word, a logo, and/or a tagline that describes the invention clearly.
• Trademarks are sometimes called brands.
• A trademark is meant to identify a specific product from its competition. For that reason, its name, logo, and/or tagline should not confuse the consumer.
• A trademark can help protect an invention from would-be poachers. However, a trademark alone, without additional intellectual property like a copyright and/or patent, may be insufficient protection.
• Customers often associate a product directly with its trademark. For this reason, it is an important part of any marketing and advertising campaign.
• A "common" trademark is not an effective way to protect an invention once it is sold outside of the area where it is produced.
• Just because you have not seen a trademark on the shelves, do not assume it isn't already taken. Some people go to the trouble of trade marking something but, for some reason, never actually use the mark. However, if they still own it, your application to use it will very likely be challenged.
• Buying a trademark is fraught with possible problems. If you are considering doing that, contact the federal Patent and Trademark Library before moving forward with the purchase.