How to Register a Trademark in Missouri

Introduction

Trademarks are a form of intellectual property that can help protect your company’s name and logo. You can register a trademark with the U.S. Patent and Trademark Office (USPTO) to give you exclusive rights to use it in certain industries in Missouri or nationwide. Registering a trademark is not mandatory, but it may be helpful for protecting your brand identity in Missouri and beyond.

Register a Trademark in Missouri

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of products or services. A service mark is an identical sign to a trademark used in connection with a service rather than goods. Trademarks can be categorized into these types:

  • Product Mark – identifies a product by its shape and appearance. For example, the Nike logo with swoosh and letters ‘N-I-K-E’.
  • Service Mark – identifies services rather than goods. For instance, the term “Microsoft” is used for computer software or websites providing online database access to consumers via computers.
  • Trade Dress – refers not just to what’s visible on your product but how it looks overall including colors/patterns, etc., even though there may not necessarily be any words associated with what makes up that look (e.g., McDonald’s golden arches logo).

Trademark Protections

In Missouri, you have several options to protect your trademark. For example, you may register a federal trademark in the United States Patent and Trademark Office (USPTO). However, Missouri law also allows for state registration of trademarks and service marks with the Missouri Secretary of State.

Federal Trademark Law for Consumers and Businesses

Trademark law is a federal law that protects consumers from being misled by confusingly similar marks and protects businesses from unauthorized use of their marks.

Federal trademark protection also covers U.S. territories like Puerto Rico and the District of Columbia.

Procedure to Follow

The first step in the process of registering your trademark is searching for similar trademarks. You can do this online through the USPTO website, or you can hire a trademark attorney to conduct the search for you. The main thing that needs to be considered is whether or not there are any identical trademarks that are owned by other parties and what their status is. If there are conflicting or identical marks, you may have to go back and file an application with a different name/logo if possible.

Once you’ve conducted your search and know that there aren’t any similar marks on file already, it’s time to get started on filling out the application form! This requires a lot of information about yourself as well as why you think this product/service should be protected under federal trademark law. The application filing fee is $225 USD per class of goods/services listed in your registration request packet; however, if your company has less than three employees then they qualify for reduced fees which vary depending upon how many employees work at said business entity:

  • 1-2 employees = $100 USD total ($50 per person)
  • 3+ employees = $200 USD total ($100 per person)

What Happens After You File a Trademark Application with the USPTO in Missouri?

After you submit your application, the USPTO will review it. It may take up to three months for the USPTO to send you a response. The USPTO will either:

  • accept your application
  • refuse your application due to an error on the form or because what you’re applying for isn’t eligible for trademark protection in Missouri (e.g., generic terms)
  • issue an office action requiring additional information, explanation or evidence before the office decides whether or not to accept the mark

FAQs About How to Register a Trademark in Missouri

  • What is a trademark?

A trademark is a word or phrase that identifies your goods. Trademarks can also be used to identify services, clothing, home goods, and electronics.

Registering your trademark with the USPTO gives you legal protection against others who use similar marks. This means that if another business decides to start selling computers with a logo similar to yours and you did not register your mark first, they would still get to sell their computers because they were first; however, they cannot use their logo in any way related to advertising or marketing without permission from you because it is too close of an imitation of yours.

Additionally, registering provides nationwide notice of ownership so that others know who owns the mark before using it themselves. Registering also makes it easier for consumers looking for certain products; rather than having Google search results flooded with different brands’ pages all claiming ownership over “Couch Covers,” potential customers can just type in “Couch Covers” and find one company’s page instead (if there even is one).

Takeaway

If you have a new brand, logo, or name that you want to register as a trademark, you can follow these steps to get your trademark.

  • You can register a trademark even if you don’t have a physical presence in Missouri.
  • You can register a trademark for your business, but it does not mean that you can use it for your business unless it is registered with the state where the business is located.
  • You need to be able to show that you are using the trademark before applying for federal registration.

Conclusion

As you can see, it is not difficult to get a trademark. It is just important to follow the right steps and make sure everything is done correctly. So, if you are ready to register your trademark in Missouri, contact us today! We will be happy to answer any questions that you may have.

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