How to Register a Trademark in Nevada

Introduction

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services from those of others. Register a trademark in Nevada to protect your mark from being used by others and also provides you with a legal basis for filing an infringement lawsuit if someone else uses your mark without permission.

Steps to Register a Trademark in Nevada

Step 1. Search the Nevada Trademark Database to Register your Trademark

To make sure your trademark is available to register in Nevada, you must first perform a search of the Nevada trademark database. The United States Patent and Trademark Office (USPTO) maintains this database, which contains information on marks that are already registered with the USPTO or pending registration.

This means you can also use this database to find out if a trademark is already in use by another party in Nevada. If someone has claimed ownership of your desired mark, then it’s best not to proceed with your application unless you have permission from that person. However, if there are no existing registrations for the same or similar marks for goods or services related to yours, then it’s time to move on to Step 2 below!

Step 2. Choose a filing basis (1(a) or 1(b))

If you are filing a national trademark application, you may choose to file under one of two bases:

• Basis 1(a) – Trademark used in commerce
• Basis 1(b) – Trademark not used in commerce

If you choose basis 1(a), your mark is currently being used on goods or services at the time of filing. Your use must be “in connection with” those goods and services. If you choose basis 1(b), your mark is not currently being used on goods or services at the time of filing, but you have a bona fide intention to use it in commerce on such items within six months from the date of filing for registration. If a foreign applicant indicates that its mark has been used in connection with its goods or services prior to its foreign application date, it may also file based on this basis.

Step 3. Determine who the Applicant is and Choose an Entity Type

The next step is to determine who the applicant is. You can file as an individual, a partnership, or a corporation. If you are filing on behalf of an existing business entity (such as a corporation), then it is not necessary to identify yourself in this section.

If you are filing as an individual or partnership, provide basic information about yourself such as your name and address. Next, decide which entity type best describes your business: Sole proprietor? Partnership? Corporation? Your choice will affect several aspects of the application process such as how many signatures are required on documents submitted with your application and how much time it takes to review your application before issuing registration certificates.

Step 4. Provide a Name and Address for the Applicant

We’ve reached the fourth step of our guide, and it’s time to provide a name and address for the applicant. The application must include:

• Applicant Name
• Applicant Address (with zip code)
• Fax number of applicant
• Email address of the applicant

Step 5. Identify the Owner of the Mark

In this step, you will identify the owner of the mark. The owner of a mark is the person who holds the legal rights to it, and they will be required to sign off on your application once you’ve submitted it. This person can be an individual, a company, or another entity that has been granted ownership over a specific word or symbol. You may be asked to provide information about yourself as well (if you aren’t filing under your own name).

If you are not filing under your own name, but instead on behalf of someone else—for example when registering trade names in Nevada—you must provide information about yourself along with their contact details and signature.

Step 6. Provide Information about who may Use the Mark

If you are not the applicant, you must provide a list of people who may use the mark. If you are an assignee, you must provide information about the original owner.

Step 7. Describe the Services and Goods that your Trademark Applies to

To complete the application, you’ll need to describe the goods and services that your trademark applies to. You can provide more than one description if you have multiple goods or services. If you don’t intend to use any particular goods or services, you can provide a description of those as well.

Each class of goods and services is assigned a different class code number in accordance with international standards (for example, 9 for clothing). Each item must be described by its own unique description; however, if there are multiple items in one category (such as shirts), they may be listed together on the same line if each item has its own description (e.g., “shirts”).

Step 8. Provide Additional Information

Once you complete all the preliminary steps, it’s time to provide some additional information about your trademark application. This includes:

• A description of the trademark.

This should include a general description of what the word or symbol looks like and how it’s used in connection with your business.

• A description of the goods or services that comprise your product offering.

This may include clothing, restaurant services, food items, beverages (such as beer), travel packages and hotel stays etcetera.

• A description of the mark itself.

In other words, what do you want to call yourself/your company? Are there any words involved? Is it just an image? Do they have anything else going on besides their name such as slogans? How are they branded? Are any particular colors associated with them (e.g., blue)?

Conclusion

Fortunately, the steps to register a trademark in Nevada are easy. The state does not require applicants to file any additional documents unless they intend to use the mark in interstate commerce or on imported goods. You will need to provide certain relevant information about your company and product, but if you have prepared ahead of time (as outlined above), this should be an easy step. Once you’ve completed all of these steps, it’s time to wait while the Nevada Secretary of State reviews your application before issuing an official registration certificate!