How to Register a Trademark for Printing
Introduction
When you have a great idea for a new design or product, it can be tempting to immediately begin marketing and selling it. However, there’s something you should know: unless you register your trademark with the United States Patent and Trademark Office (USPTO), someone else could get there first and claim rights over your idea. To avoid this problem, it’s important that you learn how to apply for a trademark so that no one else can steal what belongs to you. In this article, we will discuss how to register a trademark for printing or other artwork.
Mandatory Research.
Before you can register a trademark, you first need to make sure that it is not already in use. To do this, the USPTO recommends searching for the name and related terms on Google or other search engines, checking other websites that might be selling similar goods (such as Etsy), and reviewing the USPTO website’s database of registered trademarks. You should also check with your state’s secretary of state or county clerk to see if there are any existing trademarks that have been filed from within your state or county.
You can search for trademarks using the website of the United States Patent and Trademark Office (USPTO). You can also search for trademarks on the website of the Canadian Intellectual Property Office. A similar site exists in Europe at http://www.euipo.europa.eu/.
Apply for a Trademark.
To apply for a trademark, visit the USPTO website and download the application forms. You will not be able to apply online. Once you’ve downloaded the forms, fill them out in black ink and mail them to:
- United States Patent and Trademark Office
- Attn: Assignment Recordation Branch (A-GR)
When filing an application, you will need to provide a drawing of the mark. The drawing is a visual representation of your mark and should be in black and white. It must also be in a vector format, not a raster format. Furthermore, the font used for the text on your image must be fixed-width (not scalable). As for size requirements, your image needs to be at least .25 inches by .25 inches; this means that it can’t exceed 17 pixels square.
Specify Goods and Services.
In addition to the information about the mark itself, you will also need to provide information about which goods and services the mark apply to. This includes the class of goods and services that your trademark covers. The class is what determines what category an item falls under clothing, food, medical devices, or a specific type of computer software.
The Department of Commerce’s Trademark Electronic Application System (TEAS) asks for these details on its initial registration form. If you have any questions about this process or want help filing your application, contact a trademark lawyer in your area for assistance.
Choose your Territory.
Once you have a trademark, you need to decide how it will be used. Trademarks are territorial; they apply only to specific areas of the world. You can choose to register your mark in one or more countries, but it’s important to be aware that filing in one country doesn’t automatically apply for the same registration in another country. For example, if you’re starting a business and want to protect your brand name as a trademark in both Canada and the United States, then you’ll need two separate applications for each country.
Pay the Fees.
When you file a trademark, there is a $275 fee per international class that your trademark falls under. For example, if your company is filing for three classes (1, 4, and 8), the total filing fee would be $775.
It’s important to note that you can file up to 45 classes at once and pay one filing fee of $275.
Application Examination.
Once your application is filed, it will be assigned to an examining attorney who will review your application. The examining attorney will determine whether the mark is available for registration. This means that they will ensure that no similar marks have been registered by another applicant or owner in the same class of goods and services as you are seeking registration (or, if they have been registered, they must not be incontestable). If a similar mark has been registered by someone else, a conflict exists and you would need to modify your desired mark so it does not conflict with any existing marks. In addition, the examining attorney may contact you for additional information regarding your application prior to approving it for publication.
Patience is the Key.
It may take a year or more before your trademark registration is approved. If you need to register a trademark quickly, you can expedite the process by paying an additional fee.
In general, if someone wants to prevent you from using something that’s identical or similar to your business name or logo and will cause confusion for buyers who want to buy from you but not them, that person can file an opposition against your application for trademark registration. If this happens, it will take even longer for your application to be approved.
Trademarking a design involves following specific procedures with the USPTO and having patience while your application is being considered.
Get your Serial Number.
When you file to register your trademark, the USPTO will issue a serial number and assign an examining attorney to review the application. After review, that attorney will either dismiss or allow your application based on whether it meets certain requirements. If allowed, the mark will then be published for opposition purposes.
Notice and Publication.
Once a mark has been approved for publication by the Examiner of Trademarks (and any oppositions have been resolved), it is mailed out to other interested parties who may oppose the registration of that design within 30 days from when they received it in the mail. This is known as “notice and publication”. The filing date marks when you can begin using and claiming rights over your design through use or federal registration (and therefore offers protection against infringement).
Office Actions.
After notice has been given and all oppositions have been resolved (if any), you’ll receive an Office Action notifying you of what needs to be changed with your application before proceeding further with registration; at this point, it cannot be withdrawn without prejudice. You’ll also receive a final certificate once everything has been finalized by both parties: yours and theirs!
Takeaway
When it comes to trademarks, you should always be proactive. If you wait until someone has already started using your brand name or the one you want to register, it’s too late! You might think that you’re saving money by not filing a trademark application right away, but in the long run, that could cost you more than what it costs to file one at all.
Conclusion
The process of trademarking a design can be a long one, but it is worth it when you finally get your registration. Once you have completed all of the steps and received approval from the USPTO, you will be able to protect your designs and make sure that no one else uses them without permission.
