How to Trademark a Creative Effort

The United States Patent and Trademark Office (USPTO) is the governing body for trademarks in the United States. Trademarks are issued to original logos and images used by businesses and individuals for commercial purposes. While intellectual property laws apply to these images without trademarks, you, the creator, can improve your chances in trademark infringement cases by applying for TM marks. The TM mark is applied to the bottom right side of the protected mark when used in commercial settings. In order to trademark a creative effort, you have to follow the application process to the letter.

Things You'll Need

• Trademark application
• Image of real-world use of trademark

Instructions

Protect Creative Works Through Trademarks

1. Avoid wasted time and fees on duplicating registered trademarks using the Trademark Electronic Search System. This system, also referred to as TESS, allows you to determine if your creative efforts are similar to trademarked images in the USPTO system.

2. Examine trademark applications currently running through the USPTO through the Trademark Applications and Registrations Retrieval system. This system, called TARR by experienced applicants, allows you to locate in-process applications that may resemble your creative efforts.

3. Explain the material good or service that will be offered under your creative effort as part of your USPTO application. Your identification of the trademark's commercial value should be as comprehensive as possible, highlighting the purpose of the product as well as the connection between symbol and product name. You must sufficiently identify the goods and services under your creative efforts to reach the evaluation level of USPTO.

4. Attach a digital photo of your creative effort in action to your USPTO trademark application. The office's intellectual property attorneys must have evidence that the trademark is used or will be used in the future before approving TM marks. If you cannot take a photo of a store sign or product package, attach a copy of your letterhead or catalog as a promise of future use.

5. Circumvent the cumbersome process of applying for trademarks by paper using the Trademark Electronic Application System. TEAS users are able to attach their applications, symbol photos and supporting documents for instant submission to the USPTO. Establish a deposit account with the USPTO if you plan on completing multiple applications for creative works to simplify the payment process.

6. Act quickly to appeal rejected applications to the USPTO. If your creative work is found to be similar to existing marks or lacking in commercial use, a USPTO lawyer will send a letter explaining the reasons for this rejection. The USPTO accepts appeals from applicants up to 6 months after the initial rejection, but many appeals are given final rejections due to unresolved issues.

7. Await objections from other designers and businesses via the Official Gazette if your trademark application is accepted. Creative works accepted by the USPTO for trademark protection are published in the office's Official Gazette for 1 month. In the absence of any appeals by other applicants and interested parties, the USPTO will issue a certificate to the applicant within 4 months of publication certifying trademark protection.

Tips & Warnings

• Solicit advice from intellectual property lawyers as you fill out applications to trademark creative efforts. Call local lawyers to find out their fees for reviewing applications and appealing to the USPTO in case of rejection. Research free services from third-year IP law students at local universities like the Intellectual Property and Entrepreneurship Law Clinic at the University of Connecticut School of Law.

Resources

• Trademark Electronic Search System (TESS)
• Trademark Applications and Registrations Retrieval (TARR)
• Trademark Electronic Application System (TEAS)
• Official Gazette
• University of Connecticut Intellectual Property and Entrepreneurship Law Clinic