How to Get a Trademark

A trademark is a legal designation that a product or service originates from one particular company or individual and is used to distinguish this product/service from those offered by competitors. A trademark is usually composed of a name, word, phrase, logo, design or a combination of these. A non-registered trademark is designated by ™, while a registered trademark uses the symbol ®. While registration of a trademark is not required, it's a good idea to register your trademark with the United States Patent and Trademark Office (USPTO) if you expect to do business outside your local area in order to better protect your trademark. This step-by-step will help you quickly and easily file for your trademark using the Internet.

Things You'll Need

• Trademark materials Scanner (if trademark is not already in an electronic format)

Instructions

1. Determine whether anyone else is already claiming trademark rights over a particular name or logo. You can search online using the trademark electronic search system (TESS). If your trademark has an image or design, you also will need to find the appropriate design code. You can locate the necessary information by looking through the design search code manual (see Resources).

2. Once you've determined that no one else claims rights to the trademark, you'll need to draft a description of the goods or services that will be related with the trademark. You'll need another code for this---you can search for the correct code using the acceptable identification of goods and services manual (see Resources).

3. You must gather together what the USPTO calls a "clear depiction" of your proposed trademark. If your trademark is just a word or phrase, you don't have to do anything in particular for this. However, if the trademark contains graphic elements or requires a special font, etc., you must scan in a copy of your trademark if you do not already have it in electronic form. You'll need to submit a clear .jpg of the trademark when you submit the paperwork.

4. Access the trademark electronic application system (TEAS. Using TEAS, you can fill out the application electronically, attach a .jpg of your trademark if necessary and pay the filing fees using a credit card or electronic funds transfer. You will then, upon submitting the forms, be emailed a confirmation and a serial number. Keep these handy---you will need your serial number if you have questions later.

5. Be patient. Although you have filed correctly, you may not hear anything from the USPTO beyond your initial confirmation right away. It can, on average, take 5 to 6 months for an application to be processed.

Tips & Warnings

• If you'd rather not file electronically, you may mail a paper application to the USPTO. Call their customer service number at [phone] for an application.

• Trademarks, copyrights and patents all differ. Trademarks won't protect original literary or artistic works or inventions.

Resources

• United States Patent and Trademark Office trademark center
• Trademark electronic search system (TESS)
• Design search code manual for trademarks
• Acceptable identification of goods and services manual
• Trademark electronic application system (TEAS)