How to Register a Trademark in Ohio

Introduction

The Ohio Secretary of State requires that you register your trademark with the Ohio Division of Liquor Control in addition to the United States Patent and Trademark Office. This can be done online here.

Trademark registration is important because it allows you to protect your brand from being used by others, which could lead to confusion among consumers or damage to your reputation.

How to Register a Trademark

Step 1: Conduct a Trademark Search

The first step in the process of trademark registration is doing a search to see if the mark you wish to register has been previously used. This is also known as conducting a “trademark clearance search.” If, after conducting your own search, it appears that no one has registered or used that particular mark before, then you can proceed with filing for registration.

The United States Patent and Trademark Office (USPTO) provides access to its database through its website at uspto.gov/trademarks/. You should conduct an online search on this database prior to filing an application for registration. This is because it will cost money if you decide later that there are conflicting marks between your proposed mark and another party’s existing federal trademark rights. Moreover, obtaining such information early on can save time and trouble further down the road.

Another place where you should conduct preliminary searches before filing any applications with OHIO is through its state registrar office website which provides links directly to both databases available at ohio.gov/ofccp/copyright/. These two databases allow users not only access to their own state’s registry records but also provide links to both national databases operated by USPTO.

Step 2: Decide on your Representation

There are two options for how you want to represent yourself: individual or business. Choosing the right one will be important in ensuring that you’re eligible to register your mark and that it stays in good standing once it’s registered with the USPTO (which we’ll get to later).

To figure out which option is right for you, ask yourself two questions:

Do I want my mark to be associated with me personally? If so, then choose an individual.

Can I show that there will be more than one person using this trademark? If so, then choose business.

Step 3: Fill out and File the Paperwork

Once you’ve selected your mark and determined whether or not to use the state’s expedited process, it’s time to fill out the paperwork. You may have already completed some of this at Step 2, but there are still a few more things that need to be completed before you can file your application.

In general, here is some of the information that should be included in your trademark registration:

• The name and address of the applicant (you).
• The name under which the applicant intends to operate.
• A description of the goods or services associated with the mark.

This information is important because it will help determine whether someone else has already registered their own mark that describes similar goods or services. If another person has already registered such a mark, then you won’t be able to use yours unless there’s evidence showing yours doesn’t conflict with theirs—for example, if yours is less well-known than theirs’ or if yours is used in a different geographic region from theirs’.

Step 4: Choose a Legal Basis for the Filing

If you’ve already used your trademark, choose the use option. If you haven’t yet used it but intend to do so, choose the intent to use it.

To file a trademark for a location-based mark (like a city name, state name, or neighborhood name), you must also select whether or not the mark is geographically descriptive, suggestive, or fanciful. This can have an effect on which type of word registration will be granted and may even impact registration timeframes.

Step 5: Respond to the Office Actions

If you receive an examining attorney’s office action, it means that the trademark examiner at the USPTO has reviewed your application and has some concerns about it. The examining attorney’s office action will tell you what those concerns are and how to address them. You have two options here:

• Accept the examining attorney’s office action by paying a fee of $100 plus any additional fees for things like amendments or responses to pre-filing notifications (if your application was filed under Section 1(b)1/2 or 1(b)3/4).
• Reject the examining attorney’s office action by filing an amendment along with payment of a fee in accordance with 37 CFR § 2.6a(g)(1).

Step 6: Pay the Registration Fee

Now that you’ve completed the application and paid the filing fee, it’s time to pay the registration fee. Ohio State charges $50 for each new mark submitted for trademark registration and renewal. You can pay by credit card or check. Be sure to print out a receipt after submitting payment online so you have proof of payment if necessary later on.

Conclusion

In summary, the steps to register a trademark in Ohio are:

• Conduct a trademark search. Decide on your representation.
• Fill out and file paperwork.
• Choose a legal basis for the filing.
• Respond to the examining attorney’s office action.
• Pay the registration fee.

These are some of the most important steps you’ll need to take in order to register your mark. While there’s no guarantee that your application will be approved, following these steps can help prevent problems down the road when trying to enforce rights against infringers!