How to Register a Trademark Without an Attorney

Registering a trademark can be a long and expensive process. While it is wise to use an attorney, you do not have to. If you are ready to research and are capable of filling out paperwork very carefully, then you can register a trademark without an attorney.

Difficulty: Moderately Challenging

Instructions

1. Search to see if there is an existing trademark on the name. The United States Patent and Trademark Office (USPTO) has a search mechanism on its website. You can also visit the Trademark Public Search Library in Alexandria, Virginia, to conduct a search.

2. Write a description of your goods or services. This description must be very specific and detail what your trademark will be used for. If you submit an application without this description, it will be rejected. The USPTO has a guide that gives examples of acceptable descriptions.

3. Decide on a representation of the name you are trying to trademark. This can be standard characters without any design aspects, or you can submit a designed element in .jpg format.

4. Take the information you have compiled and file a trademark application. You can file online or print a paper application. The filing fee is $325 per class of goods and services. For example, if you want to trademark a website name to be used online and in a print newsletter, that is two different classes, and the fee would be $650.

5. Wait for approval. If your application is approved, you will receive a Notice of Publication. This means your trademark will be published in the USPTO "Official Gazette." This must be done so that if someone thinks she may be damaged by your trademark, she can oppose it.

6. Wait for your Certificate of Registration. If no one opposes your trademark for 30 days after it's published in the "Official Gazette," you will receive a Certificate of Registration about three months later. This officially documents that your trademark has been registered.

Tips & Warnings

• Online applications are processed faster than paper applications. It can take two to three weeks to receive a filling receipt. It can take between five and six months to receive an answer on whether your application has been accepted.
• If someone opposes your trademark, there will be a hearing with the Trademark Trial and Appeal Board for the person to state her case. Your filing fees are nonrefundable. Trademark registrations last 10 years, and they can be renewed. Between years 5 and 6, you must submit an affidavit to continue your registration. If you fail to do this, your trademark registration will be canceled.

Resources

• United States Patent and Trademark Office
• Trademark Public Search Facility
• Acceptable Identification of Goods and Services Manual

Who Can Help Sponsored

• Register Your Trademark Online - LegalZoom