How to Register a Trademark in Indiana

Introduction

If you have a business, product, or service that’s distinguishable from others, you might be able to protect it with a trademark. A trademark is an identifying symbol (or words) that distinguishes your products and services from those of other companies. A trademark can be anything: your company’s name; a slogan; or another word, phrase, logo, or symbol associated with your business. There are two ways to register a trademark: federally and state-by-state. This article will explain how to register a trademark in Indiana.

1. Determine if a Trademark is Right for you

There are many reasons to register a trademark, but before you do, it’s important that you understand the basics. Trademarks are often words or logos that help customers identify the source of products and services (e.g., Apple’s well-known apple logo). If you have an idea for a creative name for your company or product—or if someone else has already taken it—you may need to file for trademark protection before using it in marketing materials or on social media sites like Facebook and Twitter.

What does registering my trademark mean? When you register your trademark with the U.S Patent & Trademark Office (USPTO) through their online system called TM-Express®, it means that anyone who wants to use that same mark on similar goods or services will be prevented from doing so unless they get permission from you first! This can save time, money and hassle later on down the road when someone tries stealing your unique branding ideas (and potentially profit).

2. Identify the “Basis” for your Trademark application.

The second step to register a trademark in Indiana is to identify the “basis” for your application. There are two ways you can file a trademark:

• By use:

This means using the mark in commerce with goods or services. It also means advertising, selling and distributing these goods or services under the name of your trademarked product. You may file by use if you have already been using your mark for at least six months before filing and intend to continue using it into the foreseeable future.

• By intent:

This means that you do not yet have any sales history with your business and do not plan on selling anything until after filing for registration, but want to protect yourself from someone else selling similar products as yours in order to prevent confusion among consumers about which company owns what product/s come from where/which sources provide what features/etcetera (see paragraph 2). If this sounds like something that might apply in your situation then head over here

3. Searching for Possible Conflicts

Clear your mark by searching for possible conflicts. You can search for possible conflicts using the Trademark Electronic Search System (TESS). If you find a conflict, you will need to resolve it before filing your application—but that’s not all! You should also make sure you don’t have any common law rights in your name or acronyms associated with it.

4. Prepare and File your Trademark Application

You’ll need to prepare and file your trademark application with the USPTO. You can do this by completing an application online, paying a fee, and printing out the form. The USPTO charges $225 per class of goods or services that you register. You can also submit your documents by mail or courier service if you prefer not to use their online portal.

In order for an application to be granted, it must pass certain tests:

• Legibility – Is the writing clear? Can people understand what is being said? If there are any errors, they’ll get denied.
• Eligibility – Are you allowed to register for this mark? For instance, if someone else already owns a similar mark in another state or country, then yours could be rejected as well (unless you have permission from them).
• Registrability – Does this sound like something anyone would want? Does it look like an actual word or phrase in English language usage? If not, then don’t bother applying for it!

5. Respond to any Office Actions

Office Actions are letters from the USPTO notifying you that your application is incomplete or needs additional information. They may also include comments about your mark, such as possible conflicts with existing marks.

In addition to responding to Office Actions, there are other trademark filing requirements you should be aware of:

• A response must be submitted within six months of the issue date on your Office Action letter. If you do not respond within this time frame, your application will be abandoned and you will need to start over again.

6. Monitor your Trademark

In order to maintain your trademark, you must monitor it. This means checking the USPTO website regularly to ensure that no other person or business is using a similar trademark. If someone has applied for a trademark similar to yours, they will need to prove that theirs is different from yours in order for them to register their mark as well.

If you find that someone is infringing on your trademark, you can enforce it by sending a cease-and-desist letter requesting that they stop using the mark or risk further legal action from you.

Conclusion

These are the basic steps to register a trademark in Indiana. If you want to learn more about the process, feel free to contact us today.