How to Trademark
A trademark is a form of legal protection in the business world, a type of intellectual property. No one else is supposed to use your trademarked name in a way that causes confusion with your product. And if they do, you can claim damages. A name can be trademarked, but so can symbols, logos, images, and in some cases, even special colors and sounds that identify specific products (like the NBC chimes). Here are the steps to take to trademark a product name.
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Instructions
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**Minimalist Approach: do Nothing**
Trademarks can be established simply by use in commerce. In other words, if I start selling "Momma Sarokin's JuJu Juice", then that product name becomes mine (as long as no one else is using it!). If someone else gives the same name to a different product, then I could make a legitimate claim that I own the name, and that their use is infringing on my trademark.
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**Middle of the Road Approach: Stake a Claim**
You can make your trademark claim more plainly by adding a "TM" designation (usually in small print) next to your product name. This alerts the public, and any potential business rivals, that you are actively claiming a trademark on the name.
But you can't use the "®" symbol... not yet!
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**Register, and Be Sure**
The circle-around-an-r trademark registration symbol, "®", is an indication that a trademark is formally registered with the US Patent and Trademark Office (USPTO).
Although registration of a trademark is not required, it does confer a number of advantages. It serves as an official record of the trademark, and can therefore be compelling evidence in who-used-the-name-first type of dispute. It also means the registered party can bring an action in federal court regarding the trademark.
Visit the USPTO website for procedures regarding trademark registration. The Resources section has more information on this important legal protection for your intellectual property.
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Tips & Warnings
Remember. Trademarks are one form of intellectual property protection, and are distinct from other protections, like copyrights and patents.
Resources
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Comments
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Kim Marie
Mar 02, 2009
I didn't know that the "r" symbol was the final step. Thanks! 5* -
jpwriter
Feb 27, 2009
Thank you, I did not know there was actually a difference between the two symbols.
