How to register a trademark for Entertainment Products

Introduction

Trademark registration for an entertainment product is a fairly specific process. You must first define the nature of your entertainment products and then proceed to file a trademark application. To do this, you must determine the exact wording of your trademark, establish the date of first use, create a drawing of the trademark, and compose a detailed description of the trademark to submit.

Trademark registration for an entertainment product is a fairly specific process

What is a trademark?

A trademark is something that identifies your company or product in the market. It can be anything from a tagline to an image or logo. For example, Nike’s slogan “Just do it” is one of their trademarks. What’s the difference between copyright and trademark?

Why should I register my trademark?

Registering your trademark with the USPTO gives you numerous benefits, including:

  • You will have exclusive rights to use your mark in commerce within that geographic region covered by those goods and services listed on your registration certificate;
  • You will be able to sue others who attempt to use similar marks for either identical goods or related ones;
  • Having a registered mark may help you sell more products if consumers know that they are buying quality products made by companies they trust (brand loyalty).

Define the nature of your entertainment product.

You should first consider the nature of your entertainment product. Is it a book, movie or app? Or is it a physical product such as a video game or toy?

If you have decided that your entertainment product is an app and not a book/movie/video game, then you have to determine what type of app you have developed. Is it fantasy role-playing with swords and sorcery? Or do you have an educational game where children learn about dinosaurs through fun activities?

Determine the exact wording of your trademark.

Before you begin the trademark registration process, you need to determine the exact wording of your trademark. This can include your company name or a description of what makes your products unique and different from others.

A good rule of thumb is that trademarks should be specific, unique, and not too broad or narrow. For example, if you have a business that sells clothing and jewellery, it might be difficult to create a specific enough trademark because there could be hundreds of other businesses selling similar items. On the other hand, if you only sell hats made out of feathers then customers would know exactly where to look when they want one made out of feathers!

It’s also important not to use any words in your name that are too similar to an existing trademark—this could cause legal problems down the road when someone tries to register their own mark with those same words included in their logo design (even if those words aren’t part of what makes up their official company name).

Establish the date of first use.

So, you’ve found a great name for your new business. Now that you’re ready to register it, it’s time to establish the date of first use.

What is the date of first use? This is the date when you first used your trademark in commerce (that is, any activity that involves an exchange of goods or services). The trademark office will not accept dates earlier than this because they want to make sure that no one else has claimed ownership over your logo or slogan before you did.

If someone else has already used the same mark as yours in commerce before you did, then your registration application may be rejected or delayed by a lengthy opposition process. You can avoid this by establishing priority over other users through trademark registration on day zero – literally!

Create a drawing of the trademark.

You will need to create a drawing of the trademark in black and white. The drawing should be a simple representation of the trademark, with all elements clearly shown and readable. The following should appear on your drawing:

  • the word mark or logo
  • the product category as listed on our list of categories (e.g., “Entertainment products”)
  • the International Classification Number (ICN) from our ICN list (e.g., ICN #871 for entertainment
  • The name(s), address(es), telephone number(s), fax number(s), email address(es), website address(es), social media identifier(s) related with this application, if applicable;

Compose a detailed description of the trademark to submit.

The description of a trademark submittal should be as detailed as possible. You’ll want to describe the trademark’s colour, shape, and size; materials and construction; packaging; intended use.

You’ll also want to include any relevant information about how you plan on using your logo/trademark—for example, if you’re selling clothing then what type of clothing (t-shirts? hats?) or if it’s for food products how would those foods be packaged?

Trademark registration is a very specific process

The trademark registration process is a very specific one. In order to register your trademark, you’ll need to be as detailed and descriptive as possible to ensure that your filing stands the best chance of being approved. You’ll also want to make sure that you’re using all available media in order to show how often and where your product has been sold or used by others.

All of these factors play into whether or not your trademark application will be successful or denied.

Conclusion

If you’re planning on registering your trademark with the USPTO, we can help. Our team of professionals is dedicated to helping you turn your ideas into reality and make sure that they are protected from infringement. Let us know if you have any questions or need some assistance along the way!

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