How to Apply for a Trademark in the U.S.
One of the most important aspects of a product is its name. Establishing a brand name in the United States involves registering a trademark with the U.S. Patent and Trademark Office, or USPTO. While many trademarks are registered by attorneys acting on behalf of companies, it is possible for a company owner or entrepreneur to register a trademark without an attorney.
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Things You'll Need
- Product specimen bearing proposed trademark
- Drawing of proposed trademark
- Completed trademark application
- Application fee
Instructions
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Search for existing trademarks. Each trademark must be unique to be accepted for registration. The search can be conducted online at no charge through the USPTO website.
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Submit the online application. The application must include a description of the mark and the date it was first used, along with a drawing of the trademark, samples demonstrating how the trademark will be used and the application fee.
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Respond to any inquires from the USPTO. If the applicant fails to reply in a timely manner, the application is abandoned. If the response is satisfactory, the trademark application is approved. If the response is not satisfactory, the applicant is given an opportunity to appeal to the Trademark Trial and Appeal Board.
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Renew the trademark before the expiration period. The period for Section 8 renewal is five or six years; the period for combined Section 8 and 9 renewal is 10 years. If the trademark holder fails to file for a renewal, the trademark registration is lost.
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Tips & Warnings
Registration of a trademark, while not required by law, does provide legal benefits, especially in cases involving infringement.
Trademark applicants need not be citizens of the United States.
There are several restrictions on acceptable trademarks, including a prohibition against trademarks that include national flags and immoral or deceptive trademarks.
Trademarks that include the name of a living individual or a deceased president of the United States during the life of his widow must have express written permission of the individual or the president's widow for the use of the name.
The trademark application fee is nonrefundable if the application is denied.
Information submitted with a trademark application is available to the public as a public record.
