Registering your trademark is the first step towards being able to use it, so the process should be approached with thorough preparation. Before you can begin using your own unique trademark for your product or service, you will be required to fill out an application, which will be approved or denied based upon the information you enter. As long as you answer the questions truthfully and no one objects to the use of your trademark, your chances of being approved are exceptionally high. Here are the questions you’ll need to answer.
Who Is the Creator of the Trademark?
The first few questions of the registration process are fairly simple. The application will ask for your name, as well as the name of any other person who will have rights to your trademark. You will also have to provide your mailing address and geographic location.
What Type of Entity Are You?
This question will tell the reader of your application whether you are an individual, partnership or corporation. This information is extremely important, especially if multiple people will be able to claim rights to the trademark. A partnership involves two or more people, and a corporation is a complex business organization.
What Type of Product or Service Do You Want Trademark?
This question is self-explanatory. Simply give the background of your product or service and explain how it functions and provides value to your customers. Be sure to provide as many details as possible.
Can You Describe Your Mark?
This question asks you to describe the mark’s visual attributes. What color is it? What image is being used? The information that you provide will be used to determine whether or not your trademark is original. It will also ask if you are attempting to trademark a specific color scheme and whether or not you have settled on a final mark.
What Kind of Product or Service Will Carry Your Mark?
This section provides applicants with several product and service categories. Be sure to state the type of surface that will bear your mark, such as machinery, plastic, paint, fabric or paper. This allows the trademark office to classify your product or service with accuracy. If your product or service does not seem to fit into any of the provided categories, simply choose the one that most closely describes what you are trying to register. If there are any issues, the office will contact you.
Is Your Trademark Already Being Used?
Are you or is someone in your business already employing your trademark? This is an important question, because if the mark is already in use, you could end up facing a legal battle. The application will also want the date and location that you began using your trademark. It will also ask if you have ever used the mark in another state or country.
How Do You Plan to Utilize Your Trademark?
Is your trademark directly affixed to your product or the product label? Do you plan to stamp it on a mailing label, letterhead, business card, advertisement or sign? Before filling out an application, be sure that your trademark is utilized in a way that increases exposure and makes your product or service easily recognizable.
Will I Need a Trademark Attorney?
Intellectual property law can be complicated and vast, and there may be times when you need professional advice. For these situations, it is best to consult a trademark attorney to help you sort things out. These specialty lawyers can be particularly helpful if you believe that someone else is using your trademark illegally.
By answering these questions, you will understand the trademark registration process in greater detail. Remember to provide all the necessary details, and respond promptly to any information requests from the trademark office.Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.