How to Register A Trademark Yourself

One way to protect your commercial identity is with a registered trademark. A trademark, registered or not, is a logo, distinctive style, or word that identifies a product, service, or organization. A REGISTERED trademark is a trademark that has been registered with the US Patent and Trademark Office (USPTO). Registration puts it into a public database, and also helps establish a legal claim to the name. If someone else uses your trademark, you can sue them. You don't need a lawyer to register your trademark - you just need time and practice.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• 90 minutes to 3 or 4 hours.
• At least $275, and probably more.

1. Go to the USPTO website and get all the instructions, and print them out. You should read them as best you can. They are long and tedious and confusing the first time you read them. The second time through, they're a little easier to understand.

2. Understand that you can trademark a name (words), or a logo or style, but you can't do both in one application. For example, if your logo is the word "UpFront" in the Arial Black font, underlined, white on a blue background, you need to file two applications (and pay twice) -- one for the word "upfront", and one for the capitalization, font, and other design elements. That way, if someone else calls themselves "upfront" you can sue them. Also, if someone uses the name "UpFount", a different word, but in the exact same style as your logo, you can sue them.

3. Understand that your trademark can only apply to your CLASS of product or service. By "class" they mean a category or classification. If you conduct business in more than one class, you need to file the trademark in each class. For example, if UpFront sells t-shirts and shorts, that's one class of product - apparel of some kind. If you also sell a sports drink, that's another class. You have to register in both classes (and pay twice).

4. Go to the website, and conduct some trademark searches. The system is called TESS. It does a simple word search, and brings up all kinds of trademarks. This is a lot of fun.

5. Next, make a JPEG file with your logo. There are specs on the USPTO site, but basically, it's a black and white image at around 800 pixels wide. You can use a program like GIMP or Paint.NET to edit this file.

6. The application system is called TEAS, and it's a web-based application. It's not as slick and forgiving as most websites, but, you can fill it out as much as you want, and then abandon the process. You should try filling out the entire form two or three times before submitting it.
   
   There are so many instructions on the pages, that it's just a good idea to review the process over and over, until you really "get" it. Take your time, and build your confidence. Print your answers, so you can fill them out quickly when you really file.

7. Once you're pretty convinced you know what you're doing, try to explain the process to someone else (like your business partner or spouse or other supporters). If you can explain it pretty clearly, you probably understand the process well enough to do it for real.
   
   Get your credit card out, and get ready to spend a few hundred dollars! Go to the TEAS site, whip out your pre-filled forms, and do some data entry. Upload the JPEG. Pay the money.
   
   Then wait a few weeks for them to process the forms. They'll send you a certificate verifying that you have registered the trademark! You can also do a trademark search, and you'll show up in the database.

Tips & Warnings

• Practice makes perfect.
• Check out the links for more detailed how-to information and links.
• If you rush, and mess up the application, you'll have to pay for a whole new application. So practice as much as you can.

Resources

• How to Register Trademarks Cheap
• USPTO

[kaulpime]

on 8/18/2009 WOW! Very detailed! 5*s!

[mjlevin]

on 8/18/2009 Thanks for all the information included!

[meeke]

on 8/17/2009 Very concise article. 5*