How to Apply for Trademark Registration

Introduction

The process of applying for trademark registration is not always as simple as it seems. It involves a number of steps and requirements, including identifying the basis for filing, classifying goods and services, determining if the mark is in use in commerce, and preparing an application on the USPTO’s Trademark Electronic Application System (TEAS).

Determine the Basis for Filing

As a general rule, you need to determine the basis for filing. If you want to register a trademark in the United States, then you must file a federal trademark application with the USPTO. This process is called national registration. If you want to register your trademark in one or more foreign countries, then you must file an international registration with WIPO’s Office of International Cooperation (OIC). The requirements for national and international registrations are different.

Identify the Type to register.

The first step in applying for trademark registration is to identify the type of trademark that you want to register. You can do this by considering what your mark is and how it is used. You can choose from two types:

• A service mark is a word or phrase that identifies and distinguishes the services of one individual or business from those of others.
• A certification mark indicates that goods or services meet certain standards, such as those set by an independent body (or bodies). For example, an independent testing organization may grant its seal of approval to products that meet its criteria for quality, sustainability, and so forth.

Determine if the Mark is in use in Commerce

If you are seeking to register a trademark, there are two important questions that must be answered: does your mark qualify for protection under federal law? and have you been using it long enough for it to become distinctive? The first step towards answering these questions is determining whether or not your mark is being used in commerce.

Determine the Nature of Goods and/or Services

You should determine the nature of goods and/or services provided under the mark. This will help you to determine whether or not your mark qualifies for federal trademark protection, because only marks that are used in commerce may be registered on Principal Register.

Generally, a trademark is used:

• To identify a product or service (e.g., “Apple” for computers)
• To promote a product or service (e.g., “Got Milk?” advertising campaign)
• To distinguish one’s goods from those of others (e.g., an ornate letter “G” used by Gucci to identify leather goods).

Identify Class and Description of Goods

The next step is to identify the class and description of goods and/or services provided under the mark. This information is crucial because it helps determine how broad or narrow your trademark should be.

The U.S. Patent & Trademark Office (USPTO) requires that you provide a description of the goods and/or services provided under the mark, including any relevant marketing examples or other information that would assist in identifying what your mark covers. A good place to start would be describing your product in a way that is clear, concise, accurate, and thorough—one that uses common words associated with those products rather than technical or legal terms (unless necessary).

Prepare an Application

You can submit your trademark application through the USPTO’s Trademark Electronic Application System (TEAS), which allows you to prepare and submit an application online at http://www.uspto.gov/trademark.

The TEAS system is easy to use, available 24 hours a day, seven days a week, and free of charge for all users. You can review your application before submitting it, track its progress, and more!

Takeaway

Registering a trademark takes some planning but you can do it as long as you do your homework.

It’s important to understand what other companies are using in the same market, and how they’re using it. You need to know if there’s any similarity between your brand and theirs, or if they’ve registered their mark. If there is, then it might be hard for you to get approval from the USPTO. Also, knowing what competitors are doing will help give you an idea of what type of branding strategy will work best for your business.

Conclusion

We hope this article has helped you understand the basics of trademark registration and the process involved. We know that it can be confusing, but now that you have a clear idea of what is required to apply for a trademark, we are confident that you will be able to do so successfully. Good luck!