How to Get a Trademark & Service Mark
A trademark protects words, names, symbols, sounds or colors that distinguish your goods from similar goods made and sold by other people. A trademark also identifies goods as having a source of origin--you, the trademark holder. A service mark is a type of trademark. However, a service mark specifies the source of specific services, such as those offered by a cleaning company, in order to differentiate them from similar services. If you renew your trademark, it can last indefinitely, as long as the goods you offer are still being made and sold, or you continue to offer your services. The U.S. Patent and Trademark Office (USPTO) uses the word "mark" to encompass both "trademark" and "service mark."
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Instructions
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How To Register Your Trademark or Service Mark
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First, make sure your mark is strong. Generic marks, such as the common name of a product (e.g., pencil, cereal), cannot be registered. Descriptive marks, such as "Soft as Silk," might tell something about the good or service offered, but they also cannot be registered unless they have a secondary meaning associated with a good or service, such as "Soft as Silk Pastry Flour." The most desirable types of marks--and those that receive the highest level of protection-- are arbitrary marks that consist of dictionary words used for unrelated products, such as Apple Computer and Old Crow Whiskey; and fanciful or coined marks, such as Pepsi or Kodak.
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Draft a written statement that describes the goods or services associated with your mark. For example, if you wish to attach your mark to a new brand of cooking knives you are or will be manufacturing, you'll want to describe all of the goods in production or that you intend to use You will use this statement when filling out the trademark application.
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Create a clear representation of your mark. Your mark can consist of a drawing, a stylized logo, a slogan, a specific color or color combination, or any combination of these. For example, the Nike trademark not only uses a stylized font for the word "Nike"; it also includes the immediately-recognizable Nike "swish." You must submit each element of your mark individually. You can upload your mark elements through the USPTO website in electronic file format, or you can send them to the USPTO through the mail.
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Conduct a search before you file your application to make sure no one else has a mark that resembles yours. The USPTO has a searchable database called the Trademark Electronic Search System (TESS). If your mark has a unique design element, it's a little bit trickier to search for a similar design. In the link under Resources, you can access the USPTO's Design Search Code Manual, which tells you how to search based on design. Other ways of searching for an existing mark include going to the Trademark Public Search Library in Alexandria, Virginia, or hiring a trademark agent to conduct a search for you.
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Use the USPTO's Trademark Electronic Business Center to submit an application for your mark. You'll be asked for your name and contact information, as well as a written statement of the goods or services associated with your mark, and if the mark is in use or will be in use in the future. You will be prompted to upload electronic files of your mark. You can pay the registration fee using your debit or credit card or through an automatic bank withdrawal.
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Tips & Warnings
Did your search reveal a mark that's similar to yours? Check its status using the TARR database at http://tarr.uspto.gov. You'll need the conflicting mark's serial or registration number.
The life of your trademark is only 10 years. If you want your mark to receive continued protection after this time, renew it through the USPTO website.
Resources
- Photo Credit Wiki Commons
