Trademark

Everything You Need to Know About Trademark

Trademark

A trademark secures the precise, distinctive name, logo, and other visual elements associated with your company or product brand. Business names, logos, slogans, sounds, and even colors that are distinctive to a single brand may be protected by a trademark.

For example, consider the red-orange Reese’s peanut butter cup wrapper; that particular shade of orange is protected by trademark. Likewise, consider the branded apple with bite marks connected to Apple laptops – consumers instantly recognize brands and products thanks to the distinctive orange color and well-known Apple emblem. After ten years, you must renew your trademark to continue using it.

Some small business owners believe that trademarking only applies to large corporations. However, small businesses must preserve their hard work and brand identification just as much as large organizations do. Brand logos are small enterprises’ most prominent and typically trademarked items. However, you can trademark words, icons, products, and even noises. A small business intellectual property attorney can respond to your inquiries if you have concerns about whether a particular aspect of your brand identity is trademark-worthy because trademark evaluation is done on a case-by-case basis. Make your logo and another business branding as distinctive as experts can advise you. This accomplishes two things:

Instant brand identification is provided by a distinctive logo or symbol,
Better intellectual property protection is provided for your company because the distinctiveness of the logo or symbol makes it more difficult for competitors to replicate.

Protecting your brand’s identity through trademarking is a crucial step. It will prevent rivals from copying your brand and stealing your clients. If those copycats do anything that hurts your reputation, it might also provide you with some protection.

Many owners of small businesses are discouraged from trademarking because they believe the procedure to be too complicated. In reality, trademarking is not too difficult. Experts advise trademarking because trademark litigation battles are intricate and costly, so it’s preferable to register for legal registration now rather than risk a conflict later.

The USPTO & Trademarking For You!

Search Trademark

Searching for the item you want to trademark is the first stage in the trademarking process – you can search the USPTO’s database to see if your idea has previously been used. Next, you must search their database to ensure that another company has not already registered and protected your desired branded item. Applying for federal trademark protection is the second stage – you can submit an online application for federal trademark protection through the United States Patent and Trademark Office’s (USPTO) website. At this stage of the application procedure, a charge will be imposed. Finally, approval is the third step – upon approval of your trademark application, you are given sole ownership of the trademark. Additionally, you’ve asserted that the right of the trademark will be made public knowledge. Once accepted, you are permitted to use the “®” symbol, which stands for a registered trademark.

Filing Process of Trademark

Trademark

In order to apply for a trademark online, follow the same steps as before except this time click on Apply online from the drop-down menu. From the Apply Online section, click on #1 Initial Application forms, and then on Start your application in TEAS. At this point, you will be required to verify your identity via your email address through a Two-Step verification process, of which you will be required to set up your first time filing.

Select TEAS Plus or Standard, in order to use TEAS Plus you must maintain all contact with USPTO via email only and the list of goods or services must be in the ID Manual. If later in the application process the examiner determines that you have not adhered to these requirements, you will have to pay an additional $100 per class of goods or services to file under the TEAS Standard option.
Select “NO” as there is no attorney filing the application, but rather yourself as an “Unrepresented” applicant.
Is only selected if you saved an incomplete application and are going to resume the filing at a later time. Click “Continue”
APPLICANT INFORMATION It’s very important that you select the correct entity type because if you file under the wrong one, the error is fatal and cannot be corrected or amended and you won’t get a refund. After entering your information click “Continue”
MARK INFORMATION You will select either “Standard Character”, “Special Form” or “Sound Mark”. If you do not have a logo with the mark or stylized lettering, select Standard Character, then input the name in the box below. A special form selection requires more detailed information. The “Additional Statement” box is only necessary if you are claiming ownership of prior registrations, need to provide a translation of the mark in another language, provide the consent of a living individual’s name or a concurrent use claim of the name with another applicant or registrant. Click continue.
GOODS/SERVICES INFORMATION Click on “Add Goods/Services and input each individual description of the goods or service and select and insert them in separately. After inserting each good or service continue
FILING BASIS Select either “Section 1A” if you are currently using the goods or services in interstate commerce and have proof of this use to upload from your computer, give a description of the specimen, and the dates of first use anywhere and in interstate commerce. If your specimen of use is from your website or social media platform, you must provide the URL of the page and the dates of access. Select “Section 1B” if you intend to use the mark in the future after the application process and procedures are completed. This selection will require additional filings and an extra payment later in the application process. After you receive the NOA “Notice of Allowance” you will have to file an Allegation of Use within the next 6 months after the NOA. You will have 3 years after the NOA and will have to file an extension every 6 months at an additional $125 per extension.
CORRESPONDENCE INFORMATION Ensure that your name and email address is correct.
DECLARATION Read and acknowledge each statement by checking each box, insert your electronic signature, date name, and validate the application.
IMPORTANT NOTICE. Check the box and Pay/Submit. The United States Patent and Trademark Office, Home page of the United States Patent and Trademark Office’s main website.

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