How to get a Trademark for your Business

Introduction

Trademarks can help you stand out from the competition and establish trust with potential customers, but they can be complicated. Trademark law is constantly changing and evolving, which means that finding the right strategy for filing your trademark application can be tricky—especially if this is your first time applying for one. But don’t worry! Here’s everything you need to know about how to get started with trademark registration.

Conduct a Preliminary Search

You should conduct a preliminary search before you apply for a trademark. A preliminary search can help you determine if your proposed trademark is available for registration and also helps prevent others from being able to register it.

Here’s what you need to know about conducting a preliminary search:

  • A preliminary search involves searching for existing trademarks that are similar or identical to your proposed mark. This will allow you to find out whether someone has already been granted rights in the same or similar mark by conducting research on public records (such as the United States Patent and Trademark Office website), using online resources like Google, or hiring professionals who specialize in this area of law (like attorneys).
  • If someone else has already claimed ownership over a mark that’s very similar (or even identical) to yours, then they can block any further attempts at registering yours under federal law because they have “priority”. This means that even if yours is later approved by regulators such as patent examiners – after receiving approval through channels such as filing fees.

Prepare and File your Trademark Application

Now that you’ve determined whether or not your mark is eligible for trademark protection, it’s time to prepare and file your application.

Before you do anything else, check for conflicts with other trademarks. This will help ensure that there are no conflicts with existing trademarks that could mean trouble down the line.

You’ll also want to ensure that the name of your company or product is not considered generic (i.e., “glasses,” “t-shirts,” etc.). If it is, then you would most likely be unable to obtain federal trademark protection for this name because it does not serve as a source identifier in commerce and thus fails the test for distinctiveness under Section 2(f) of the US Trademark Act.

Respond to office actions issued by the USPTO

Office actions are a step in the trademark application process. They provide your application with feedback on your application and give you an opportunity to fix any problems before the USPTO can reject your trademark. This is a good thing because once an office action is issued, you have six months to respond before your application is abandoned.

Instead of waiting for the USPTO to send you an office action notice, it’s best to look over their website regularly and monitor any changes they’ve made regarding how they accept applications (such as switching from paper documents to electronic). You should also subscribe directly through the USPTO website so that notifications are sent directly to your inbox instead of having to log into the website every day just in case!

When responding back after receiving an office action notice, be sure not only to include what needs changing but also explain why those changes need fixing; otherwise, there may be further delays caused by confusion between parties involved during this time period as well as additional fees charged due lack thereof response from applicant/agent(s).

Maintain your Trademark Registration

Once you’ve successfully obtained a trademark registration, it’s up to you to maintain the registration by using the mark in commerce. You must also file an affidavit of use or nonuse every five years. If you fail to use your mark after five years, then there’s a chance it could be canceled by another party who later uses it in commerce.

Takeaway

Trademarks are an important part of protecting your business, but they can be complicated.

A trademark is a word or image that is used to identify the source of the goods or services you provide. Trademarks can be anything from a company name, slogan, logo, and even colors used in your advertisements.

Conclusion

If you’re ready to file for a trademark, we can help. We know the ins and outs of trademark law and have assisted businesses with all their trademark needs. Let us guide you through the process so that you can protect your business in no time!

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