How to Register a Trademark in Kentucky

Introduction

If you’re doing business in Kentucky, register your trademark with the state to protect it from infringement. A trademark is a word, phrase, symbol, or design that identifies the source of goods or services and distinguishes them. Most people are familiar with common household names such as Coca-Cola®, Apple®, and McDonald’s®, but businesses also use trademarks to distinguish their products and services from those offered by competitors.

The United States Patent and Trademark Office (USPTO) registers federal trademarks on behalf of applicants who have a bona fide intent to use their mark in commerce. After submitting an application for registration, it can take up to nine months before you receive notification from the USPTO about whether your mark was approved for registration or rejected due to certain grounds for rejection set forth under 15 U.S.C Section 1052(e).

Register a Trademark in Kentucky

A trademark is a word, name, phrase, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others. Trademarks can be composed of words, sounds, or colors and may include stylized logos and emblems.

The United States Patent and Trademark Office (USPTO) states that registering your trademark with them is “strong proof in court that you own your mark” and “can help you prevent others from stealing it.” Additionally, it provides some protection against infringement if someone else tries to use a confusingly similar mark on their products or services after yours has been registered.

A trademark registration does not give a legal claim over a word or phrase. It only prevents others from using those particular combinations in their intellectual property without permission from the holder. A copyright protects creative works (books, movies, music) by granting ownership over original pieces created by authors/creators—you don’t have any rights over these things unless they’ve been copyrighted first!

Registering Your Trademark

Once you have a valid trademark, it is crucial to register the mark with the USPTO. You can register your trademark online using the USPTO’s Trademark Electronic Application System (TEAS) or over the phone. If you choose this option, make sure that someone who knows how to use a computer and fill out forms is available at all times while the application process is taking place in order to ensure accuracy and speed up the registration time.

Registration by mail is also available through TEAS but only if certain circumstances apply. To do so, submit an application using form 1533 together with two copies of each specimen showing the use of your mark on goods/services listed in Item 2(a), 2(b), or 2(c) of Form 1533; an affidavit stating that no other party has applied for registration before submitting yours; fee payment; and one fully completed copy of item 6a from Form 1533 for each class where marks are listed (if more than one class applies).

Conduct a Trademark Search

The first step in registering a trademark is to conduct a search of the USPTO’s Trademark Electronic Search System (TESS). It’s important to use TESS because it provides the most up-to-date information.

You should also search for any existing trademarks that are similar to yours and determine whether they are registered or unregistered. You can do this by using TESS as well, which will show you who owns an existing trademark and if it is registered or not.

Next, it’s important to check for any pending applications on similar trademarks in Kentucky so that you don’t waste time filing one yourself when someone else has already done so.

File Your Application

You can file your application online or by mail. Online filing is faster and cheaper, but the process of filing through the mail requires a signature. If you choose to file by mail, be sure to sign your application in blue ink.

You can also save money by registering for multiple classes of goods and services at one time. For example, if you already have a trademark for clothing and would like to expand into other items such as toys and furniture in addition to clothing, then you may want to register for all three categories when submitting your application so that it’s less likely that someone else will get there first.

Review Your Application and Submit the Payment

Now that you’ve completed all of the steps, it’s time to review the application. Make sure that all information is accurate and up-to-date. If there are any errors or omissions, you’ll want to go back and fix them before submitting your payment or your application will be refused. You should also look at the estimated registration period—some applications can take up to 90 days! This can vary depending on how many trademarks are already registered in Kentucky or what type of trademark is being applied for (like limited terms).

Respond to Missing Items or Issues

Once you’ve submitted your application, you’ll need to respond to any issues or missing items as soon as possible. If you don’t, your application will be rejected. If you do have time before the deadline but still miss it, there’s not much that can be done at that point—you won’t be able to re-submit your application without resubmitting everything again (including payment).

Takeaway

If you’re doing business in Kentucky, register your trademark with the state to protect it from infringement. To register a trademark, you’ll need to fill out an application form that includes:

• The name of the owner of the mark
• A description of what is being claimed as a mark
• A reproduction or drawing of the mark

Conclusion

You should now have a solid understanding of how to register a trademark in Kentucky. If you have any other questions with regard to registering a trademark, contact us now. We would be glad to help.