How to Register a Trademark in Nebraska

Introduction

Nebraska businesses have the option of protecting their name, logo or brand by registering it as a trademark. The United States Patent and Trademark Office (USPTO) offers several benefits for those who register their trademarks. In this article, we will discuss how to register a trademark in the state of Nebraska.

Filing with the Secretary of State

The Secretary of State is Nebraska’s chief executive officer, who oversees elections and the state constitution. The Secretary of State also has a Division of Corporations, which registers business names and trademarks.

Although you can register your trademark directly with the Nebraska Secretary of State’s office, it is not recommended as they will only accept applications in hard copy or via mail. It also takes longer for them to process an application than if you were to do so through an attorney or law firm specializing in intellectual property law.

Check for Similar Trademarks

Before you begin the registration process, it’s advisable to check the status of your proposed trademark. As part of the online application process, use the Trademark Electronic Search System (TESS) to conduct a search for identical and similar trademarks that could conflict with yours.

You can also perform an international trademark search on TESS by entering information into one or more fields: class, owner name(s), mark description, and filing date range. Select “search” to view results.

Trademark Application

If your trademark is available, you can file for it. If not, but you have a good chance of getting the trademark and if you have used the mark in commerce, you may be able to use the international filing date of another country that accepts your application as the date of first use. The next step is to show evidence that no one else has previously used this particular name or logo for similar products/services.

Fees to Register a Trademark in Nebraska

Once the trademark application is filed, a fee must be paid. The amount of this fee is based on the number of classes you are seeking protection for, as well as any special services that are required. For example, if you’re requesting an extension of time or making changes to your application after submitting it (such as adding new goods and services), additional fees will apply.

Once these fees have been paid, they cannot be refunded if your application is denied or otherwise not approved by the USPTO. If you decide not to pursue registration after paying the initial registration fee (which covers an initial review), then your money will be returned upon request.

Specimen with the Application.

Nebraska requires that you file a specimen with your trademark application. The specimen is a sample of the trademark, which should be filed with the application in color and must be a true and accurate representation of the mark.

Renewing the Trademark.

If you are the trademark owner, file a renewal application on Form 855, Renewal Application for Trademark Registration. The renewal fee is $275 per class of goods or services (the same as the original filing fee). You may also be required to pay an additional surcharge based on your average annual gross receipts for the last three years. You can renew your registration for up to 10 years from its date of registration or publication date, whichever is later.

Renewing a trademark before it expires will allow you to continue using the mark with no interruption in rights protection while avoiding additional fees and costs associated with re-registering after expiration.

Takeaway

A registered trademark is a legal right that prevents others from using your trademark without your permission. You can file a trademark infringement lawsuit if someone uses your logo or company name. The court may award you damages for the unauthorized use of your trademark. If you lose a lawsuit, the judge will award costs and attorney’s fees to the defendant against you in addition to any other remedies granted by law.

Conclusion

Registering a trademark in Nebraska is an important step for any business. If you want to protect your identity and ensure that customers can identify with your brand, then it’s worth taking the time to file for this type of protection.