MightyRecruiterThere are a lot of benefits to registering for a trademark. A trademark can protect your business, services and goods from being duplicated by a competitor. However, registering a trademark is not always the easiest process. What follows is an overview of the steps you will need to take to properly register for a federal trademark.
Decide If a Trademark is Necessary
Before you go through the work of applying for a trademark, you have to decide if that is the right step for your business. As mentioned before, there are a lot of benefits of having a registered trademark:
- You won’t have to change your name because you will know no one else is using it.
- You won’t lose customers to a competitor with a similar name.
- You will have the exclusive rights to use the name or brand.
- You could receive monetary damages if anyone infringes on your rights.
- If you don’t register, you could be liable to someone else who has registered.
Going through the process of registering a trademark will inform you whether someone else already has a claim to the name. This process can save you time and money in the long run.
Determine If a Trademark is Available
Once you have decided this is the path for your business, you have to make sure the trademark is available. You can do this by conducting a simple trademark search. You can perform these searches through online databases.
File an Application
If no one else has a claim already, you can send in an application for your trademark registration. You can register your trademark both federally and in the state you live in. There will likely be an application fee for both trademark registrations. You can either send your application in online or through the mail. You will have to include:
- Your name
- A name and address for any necessary correspondence
- A clear drawing of the mark you are trying to trademark
- A list of the goods and services the mark will be used on
- The filing fee
You can find more tips for this federal application on the United States Patent and Trademark Office website.
Wait for a Response
After you have sent in your application, you have to wait to see if your trademark will be granted. The examiners have to make sure no one else has a claim to the mark. Your application can be rejected for a number of reasons. If it is rejected, you may need to hire a trademark lawyer to help you better understand your case. An attorney of this type will also be able to help you obtain the trademark if possible.
It is important you wait to hear whether you get the trademark before you proceed with printing too many labels and things of that nature. If you do not get the trademark, you will have to spend more time and money reprinting your labels.
Maintain Registration
After the entire process is over, you have to work on maintaining your registration. The rights you get from the initial registration can last indefinitely as long as you take the proper maintenance steps. You can either periodically file an Affidavit of Continued Use or an Affidavit of Excusable Nonuse. You can also send in an Application for Renewal. Taking these steps will ensure you keep the rights to your trademark.
You can easily find the necessary documents on the USPTO website. You will also be able to find more tips about maintaining the rights to your trademark here.
Talk With an Attorney
Many trademark registrations go off without a hitch. You do not need to work with a trademark law attorney. However, it is a good idea to find a knowledgeable lawyer to help you through this process. Working with a lawyer will ensure you do take all of the proper steps. The legal help will speed up the process should there be anything stopping your application from going through. Talk with an attorney today about your trademark needs.
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.