How to Obtain a Trademark
There are benefits to registering your trademark with the U.S. Patent and Trademark Office. The registration itself publicizes the trademark and legitimizes your presumption of ownership on a national scale. It also shifts the burden of proof to any others who might claim prior use and creates federal jurisdiction for infringement suits. Strictly speaking, however, registration is not a prerequisite of trademark protection. Rather, courts have used tests related to the public association of a mark with specific goods or services and the likelihood of confusion in a reasonable consumer.
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Instructions
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Search for existing trademarks. Though no trademark search can be exhaustive because not all trademarks are registered, the USPTO does maintain its Trademark Electronic Search System (TESS), which is available free of charge through its website. Courts have found that failure to conduct a search can constitute negligence and leave the unknowing liable for damages and legal fees.
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Distinguish between marks. In addition to trademarks, which distinguish the goods of one manufacturer or seller from another, the USPTO issues service marks, which distinguish between non-product services, and certification marks that identify geographic regions or labors groups affiliated with a product or service. Any of these marks can be a word, name, symbol, device, or any combination thereof. Though the application process is the same for each, it's important to be clear that your mark meets the criteria and whether it's in fact a trademark .
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Apply for a trademark. The Trademark Electronic Application System (TEAS) at the USPTO website allows for trademark applications to be filed online. In addition to the application itself, registration requires the submission of a specimen of the trademarked product and a drawing of the trademark itself.
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Affix the proper notation. A non-registered trademark can be marked with the familiar "TM" notation, but only a registered trademark can receive the circled "R." A service mark is designated by "SM."
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Tips & Warnings
Assuming it is sufficiently distinctive, a trademark becomes valid upon use in commerce, and can subsequently be lost if unused for several years. To ensure maximum protection, document the earliest commercial uses of your trademarks while registration is pending.
A trademark application can be denied if, among other reasons, it is not distinctive enough, is deceptive, is immoral, or illegal.
