How to Register a Trademark

At lengthy last, you’ve got your new enterprise, product or service raring to go! The bulk of the set-up is finished.  Your business model is prepared.  You’ve even crafted a catchy icon or image that flawlessly encapsulates your new brand, and chances are, you have already dreamt up a logo that you envision printed in a glossy magazine!   So catchy and ingenious are your suggestions, that not only will they be remembered…they may possibly be employed by other people.  And not for the purposes of promoting your brand.

The only surefire way to make certain full protection of your intellectual property is to register your trademark – which means you’ll maintain exclusive rights to that brilliant catchphrase you came up with. This is a simple overview of  how to register your trademark

, but maintain in mind that in practice, the procedure can be tricky and messy sufficient to require lawyers.  So take into account the steps below only as a very general and simplified summary.

First Step:  Just before you lose any blood, sweat, or tears over the registration process, make certain that a trademark is indeed what you will need.  According to the U.S. Patent and Trademark Office (USPTO), a trademark will protect a “word, phrase, symbol or design, or combination of words, phrases, symbols or designs which identifies and distinguishes the source of the goods or services of one party from those of others.”   Looking to protect your item or your poem?   You’ll require patents or copyrights, not trademarks.  These three kinds of federal protections are often mixed up.  Just think of it this way:    Trademarks safeguard the reminder of your goods or services, not the goods or services themselves.

Second Step:  This tends to be the goriest component, and is technically optional: investigation.  However, it is highly suggest that you do this.  The quite last thing you want is to waste your time, money and prayers on submitting your current notion – only for it to already be in use!   So re-fill that mug of coffee and hop onto the USPTO site and thoroughly search by means of their database to make certain that your dream trademark isn’t already in existence.  This on the internet database, referred to as the Trademark Electronic Search System, is provided free of charge of charge.

Step 3:  Are you in the clear?  Wonderful!  Now you can draft your request.  Come up with a description of your trademark, of its use and what it represents.  Consult the USPTO’s Acceptable Identification of Goods &amp Services manual to make certain that your trademark-in-waiting will qualify for registration. Now, if you’re looking for a design trademark, create a GIF or JPG image file of your design.  Otherwise, be prepared to sort it in throughout your on the web filing.

Step Four:  Now you’re prepared to officially file. Have ready your credit card, your design (if applicable), and your time, so that you can complete this step with minimum complications or delay. As of 2010, the fee is five.  Yes, it indeed expenses money to file.  But don’t forget, the advantages of a trademark ought to outweigh the cost!  Going back on the USPTO internet site, pick “Filing” from the “Trademark Electronic Company Center.”  Click eTEAS to file electronically or alternatively, pick print TEAS to merely fill out the application electronically (which you will then print out, attach your drafts to, and mail to the PTO with payment).   Carefully follow their directions every step of the way.  Fast note:  Given that you’re going to be utilizing your trademark commercially, pick “Actual Use” when asked.

Step Five:  Exhale once more!  You’ve now filed, and all you’ll need to do is wait to see if your request is approved.  You will be assigned a serial number for your request, so that you can check on the status of your submission utilizing their TARR system.  Bear in mind that it’ll take at least four months to receive a Certificate of Registration, should your request be accepted.   So as excited as you may be, you’ve got to be patient!

Step Six:  Meanwhile, you can start making use of “TM” notation right after your brand’s name, logo or design to convey that it is an unregistered trademark – correct now!   This will offer some protection, but only a limited amount.  Even so, as soon as you obtain your Certificate of Registration, the coveted R-in-a-circle (designating a registered trademark) will be yours to use.  Good luck!