How to Register a Trademark in Massachusetts

Introduction

A trademark is a word, phrase, symbol, or design used to identify the source of goods or services. It is not necessary that you exclusively use your trademark in Massachusetts in order to register it here. However, it’s important to note that if you do use your mark outside of the state and file an application for registration within Massachusetts without first obtaining federal registration for your trademark, then once you obtain a federal registration for this same mark within Massachusetts, we may refuse to register that same mark here because we will have no way of knowing whether someone else owns a similar trademark.

Register a Trademark in Massachusetts

In order to register a trademark in Massachusetts, you must first file an application with the Secretary of the Commonwealth.

The Secretary of the Commonwealth is the state official who registers trademarks and issues certificates of registration for trademarks. They also cancel trademarks if they are no longer valid or have been abandoned by their owners or are not being used as part of interstate commerce.

File your Trademark Application

Your trademark application must be typed. It must also provide certain information about the trademark you are seeking to register. The information you provide in your trademark application will be used to determine if your trademark is eligible for registration, as well as whether it needs any changes before it can be registered.

In addition to providing basic identifying information about yourself and your business, including mailing address, contact person name, and telephone number, you’ll need to provide a list of goods or services associated with your mark and an explanation of how these goods or services differ from those already in use by others (if applicable). You should also include examples of where these products are sold or offered for sale; describe the quality standards associated with each one; describe any advertising campaign that may promote them; explain how customers recognize them (this should include how customers know what they’re getting); identify which persons have been involved in creating this mark; state when they were first used commercially; describe any other steps taken so far toward developing this brand.

Provide Information to Register your Trademark

To register your trademark in Massachusetts, you’ll need to provide the following information:

• The name of your business.
• A description of the goods or services that are covered by the mark. For example, if your company makes necklaces, this would be “necklace manufacturing.” If you sell clothing for dogs, it would be “dog apparel.”
• The date on which you first used the trademark in Massachusetts and/or anywhere else in the United States; is called the priority date.
• An illustration or drawing of your mark. This can include a logo or other graphic elements.
• Company name, address, and contact information.
• Business status. Whether you are an individual owner or part of a larger organization that owns multiple businesses (e.g., Apple Inc.), select “individual” or “partnership” as appropriate for your circumstances.
• Company history.
• Company size.
• A description of the goods or services you will use the trademark with;
• The date you first used your trademark in Massachusetts;
• A statement about whether anyone else has rights to the same or similar marks and if so, who.
• The date you first used your trademark in Massachusetts. You must have used the mark in Massachusetts for at least six months. You cannot use a trademark that is already being used by another company.
• A statement of your ownership of the mark. This includes details on when and where you registered it, what its status is, etc.

Takeaway

In order for your application to be accepted, you must show that you have been using the mark in interstate commerce continuously for at least three years prior to filing an application with the USPTO. This means that they will check all sales records of goods sold by your company under this brand name that was purchased from warehouses outside Massachusetts and shipped into Massachusetts within the past three years before they decide whether or not they want to give their approval.

Conclusion

The key to a successful trademark application is to provide as much information as possible. The more detailed your application, the stronger it will be. If you have any questions about how to go about registering a trademark in Massachusetts, contact us today!