Things You'll Need:
- Original name or design
- Computer or scanner that creates JPEG files
- Internet access
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Step 1
Decide on what you want to register. Do you want the business name to be trademarked in standard character format or a stylized design format? The standard character format is used to register words, letters, numbers, or their combinations, but gives no specifications to the size, color, or design. Use this for a broader protection in any form of presentation. The stylized or design format is for words or letters with a certain appearance you wish to protect. You cannot combine the two or sneak in trademark of a word in the design format.
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Step 2
Search the Trademark Electronic Search System to make sure no one else has claimed or applied for the name you wish to trademark. If you find a match or something similar you will need to check the status of that application with the Trademark Applications and Registrations Retrieval database. You will need the serial or registration number to do that search. If something is very similar to your mark, consider revising or re-designing in order to avoid trademark infringement.
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Step 3
Rework your design if it is too similar to another trademark. Consider that having two products with similar packaging will dilute the market for your product. Changing the look of a word or phrase may be enough to differentiate it. Think of the McDonald's golden arches, which are a stylized uppercase letter M. This image is immediately recognizable all over the world. Another company could use an uppercase M with a different effect.
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Step 4
Create a JPEG image file of the mark you wish to submit. You will need this for the application. If necessary you can take a picture of the design if it is on a "specimen" or product or label with your business name.
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Step 1
Fill out the application online with the Trademark Electronic Application System. Click on Apply for a New Mark, then click on Trademark/Servicemark Application, Principal Register.
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Step 2
Enter specific information in all fields. Fields containing a red asterisk are required and your application cannot be processed without it.
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Step 3
Sign the application using the following code. A signature can be any combination of letter or numbers preceded and followed by a forward slash. For example: /john doe/ or /123-4567/
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Step 4
Click Validate Form to make sure you filled in all mandatory information. This is also a chance to double check your work.
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Step 5
Enter payment information and submit the electronic form.
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Step 1
Be the first to use a mark in commerce. Federal registration is not required to establish a trademark, though it is the easiest way to have evidence of a trademark. Technically if you are the first to use a mark you have rights to the trademark, but proving this can be difficult.
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Step 2
Decide if you want to search for common law trademarks. This step is not required and can be arduous. Searches for first use of a mark could include looking through yellow pages, individual state registers, industrial directories, etc. Due to the time and effort involved in this kind of search many people choose to hire an outside company to conduct the search or just apply for the official trademark.
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Step 3
Compare any existing common law trademarks with your own design. If the two are similar try to establish the date of first use. If your design was used first submit a trademark application.
Comments
Lilfix said
on 12/31/2008 Thanks for the information...great article!