How to register a Trademark for Meat

Introduction

The United States Patent and Trademark Office (USPTO) has made it quite possible for a person to protect their trademark without hiring a professional, but you must pay attention to detail and follow every step carefully, because if you make a mistake there is no safety net to catch it, and you can lose your chance of having a trademark if you make a serious error.

Do the Due Diligence.

When you begin the trademark process, do your research. There are a number of resources available that will help you understand what a trademark is and how to go about registering one. The USPTO website has an excellent primer on trademarks that covers all the basics, as well as numerous resources for further reading.

It’s important to remember that once you choose to register a trademark, it becomes your responsibility to enforce it. You should not assume that someone else will file documentation if someone tries to infringe upon your mark; in fact, most companies will not want anything at all to do with infringement issues beyond sending cease-and-desist letters (which may or may not be effective).

Have the Mark Professionally Searched.

A trademark search is a crucial step in the registration process. The purpose of a trademark search is to discover whether someone else has already registered a similar mark or one that could cause confusion with yours. If there are any conflicts, you may want to choose another name for your business.

To conduct a thorough trademark search:

• Look up similar or confusing trademarks, names, websites, and products that could be used as trademarks by competitors.
• Search for similar or confusing business names and websites (this applies only if you’re registering your company’s name as a trademark).

A Clearance Search is not an Opinion Search.

When you register a trademark, it’s important to do a clearance search. This is a search of the records at the USPTO for all registered trademarks with similar wording to yours. It does not guarantee that there are no conflicting marks. In fact, there may be several conflicting marks that have not been listed by their owners in the USPTO records yet!

But doing this search is one way to get an idea of what you may be up against, and determine whether or not it’s worth your time and money to pursue registration on your own (through an attorney).

Do the Paperwork.

In order to get a trademark, you’ll need to file with the United States Patent and Trademark Office. You can do this yourself if you want, but we recommend hiring a lawyer or agent instead.

• If you want to file electronically: Go to the USPTO website and click “Electronic Filing”. If this is your first time using e-Filing, read through all of the information on the page before clicking “Next”. You will then be prompted for payment (usually $325-$400) as well as some information about your company and what products/services it provides. Once you’ve entered all of this info, select which type of filing option is right for you—like Intent-to-Use or Pre-Existing Use—and click “Continue”. Next, choose whether or not someone else should sign off on your application; if so make sure their name shows up under “Correspondence” at the bottom left side of the screen (you may have already done this after filling out contact info). Then hit Submit! That should be it! Congratulations! Your paperwork has just been submitted electronically!
• If filing by paper: Download form PT1, fill it out completely with black ink pen only (no pencil!), sign where indicated at the bottom right corner making sure the signature exactly matches one appearing elsewhere in a document such as from previous filings or when signing contracts related contract terms written therein), attach copies of proof marks showing trademark use.

Keep your Application and Responses Simple.

If you’re filing electronically, use a common word processor or spreadsheet program with basic formatting options. Keep your application brief and to the point, avoiding complicated fonts or color schemes that may be hard to read. Avoid using all capital letters, since this can make your document look unprofessional and difficult for others to understand. Similarly, avoid using long lists of definitions or examples in your application; these usually aren’t required by law anyway! Instead of writing an essay explaining why you should get a trademark (as is commonly done by people who want one), simply state what makes your product unique and why it deserves protection under trademark law.

Make sure your Specimen shows Proper use of the Mark.

A specimen is an example of how your mark is being used in commerce. It’s a way to provide evidence that you are using the mark as it was registered, and also give the USPTO information about how consumers would see your trademark when they encounter it. The specimen should show the mark on the goods or services that you listed in your application.

It’s important to note that specimens are not required for electronic applications (e-filings). If you file electronically, you don’t need to submit any specimens because they aren’t necessary for these types of filings.

To avoid confusion with other examples or drawings, make sure your specimen shows proper use of the mark in connection with the goods or services listed in your application. You can include multiple copies of this same item if each one shows different products covered by your trademark registration, but only one copy is needed if all products fall under one category (e.g., clothing).

You do not have to Answer Every Question.

As you answer each question, you will see a box with the heading “Additional Information.” You can use this space to explain why you are answering a question in a certain way (for example, if you are not using your trademark in commerce). Your explanations will also help the examiner understand how you intend to use your trademark. If a question does not apply to your situation, it is perfectly fine to skip it. The USPTO will not penalize you for doing so!

Conclusion

The USPTO has made it quite possible for a person to protect their trademark without hiring a professional, but you must pay attention to detail and follow every step carefully, because if you make a mistake there is no safety net to catch it, and you can lose your chance of having a trademark if you make a serious error.