How to Protect a Trademark
The United States Patent and Trademark Office (USPTO) is responsible for the review, approval and registration of trademarks. A trademark, sometimes known as a service mark, is a word, phrase, design, or symbol that distinguishes the source of a particular good or service from other firms or organizations. Trademarks are typically brand names and logos. While you do not need to register a trademark, doing so protects your right to use the trademark exclusively. To maintain your trademark registration, you must file a trademark maintenance document before the sixth year of your initial registration period.
- Difficulty:
- Moderate
Instructions
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Study the trademark application process. A trademark application is very detailed, and putting one together can be challenging. The USPTO website has a number of video tutorials and manuals to help you learn about the trademark process and how to put together a successful application. If, after viewing the USPTO tutorials, you still feel that you are not able to put a trademark application together, consult with an attorney who specializes in trademarks and patents.
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Perform a trademark search before submitting your application to make sure that no one is already using the trademark that you want to protect. You can do this search online through the USPTO Trademark Electronic Search System database (see Resources). If your trademark has a design element, you will need to use the USPTO Design Search Code Manual to conduct your trademark search. If you find that another individual or organization has already registered your desired trademark, you should not proceed further with your application.
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Draft a description of goods or services. You must compose a detailed description of the goods and services for which you plan to use your trademark.
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Draft a representation of your trademark. You must include a representation or drawing of your trademark with your application. This representation can be standard character format if your trademark is simply a name or words, or a design format if you are looking to trademark a stylized version of a name or logo.
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File your trademark application online through the USPTO Trademark Electronic Application System (see Resources). Alternately, you can order a paper application from the USPTO by calling 800-786-9199. Keep in mind though, that paper applications take longer to process than online applications. You must include your description of goods or services and representation of your trademark along with your application. Fees can vary depending on your situation, but, as of 2011, the basic application fee for a single trademark in a single category is $325. The USPTO will send you a response to your application within four months of submission, but a final approval or rejection can take more than one year.
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