How to Register a Trademark in Oregon

Introduction

Oregon is home to the Nike headquarters, a thriving tech industry, and many other trademark-worthy companies. If you’re one of them, then it’s time to take the next step: registering your trademark with the state government. This article will cover all the steps for you to know how to register a trademark in Oregon.

How to Register a Trademark

1. Pick a Name

The first step to registering a trademark is picking a name. To make sure you can protect your brand name and logo, you’ll want to choose one that meets the following criteria:

• It must not already be in use by another party. If it has been registered or used by someone else, it will be considered “abandoned” and won’t be available for registration.
• It should not be too long (this isn’t always true). A shorter name is generally easier to remember and spell, plus some states require names under eight characters (Oregon requires five).

2. Check if it’s Available

The next step is to check the availability of the trademark to register. To do this, you will need to check if someone else has already registered it first. You can do that by visiting the USPTO website and searching through their Trademark Electronic Search System (TESS). If your name is unavailable, go ahead and register it.

3. Use it in Commerce

Once you’ve done your due diligence, it’s time to take action.

In order to qualify for federal trademark protection, you’ll need to use your trademark in commerce. What does that mean? Using a trademark means using it in connection with products or services for which you offer them. It can be used on packaging materials or promotional materials, but not on advertising or marketing campaigns unless those campaigns are directly related to the sale of the product itself (like an ad campaign that promotes awareness about a new type of soda).

To bring this down from legal jargon into everyday language: If you want a federal trademark registration and your business is based out of Oregon (or another state), then registering with the USPTO will require that most of your sales happen through online channels—such as Amazon and eBay—or wholesale channels—like Target and Walmart.

4. Choose the Right Class

When choosing a class, it’s important to consider whether the class you choose is relevant. For example, if you’re selling T-shirts and hats featuring your trademarked logo, then Class 11 (clothing) may be an appropriate choice. However, if your products include dashboards for vehicles and boats or apps that provide information about driving directions or weather conditions on the road, then Class 35 (computer software) would be more fitting.

In some cases, it might be possible to use two different trademarks in different classes under the same mark—for example, one for clothing and another for computer software.

5. Apply online with the Oregon Secretary of State

Sign in to your business account with the Oregon Secretary of State and then click on ‘Trademarks’ from the left-hand menu. On the resulting page, you will find an option marked ‘Apply for a Trademark.’ Click on this link to access a form that you can fill out electronically and submit electronically as well. After paying a fee of $100 per class of goods or services covered by your trademark application (it’s free if your application is limited to just one class), you’ll receive an electronic receipt indicating that it has been received. Once it is approved, you’ll be sent another email letting you know, and what fees apply next (if any). Once our approval comes through, print out a copy of the certificate if you wish – these can be used as evidence to show others that something is yours!

Takeaway

Registering your trademark with the State of Oregon is an easy process that can help protect your business. Registering a trademark will allow you to:

• Prevent others from using the same or similar mark, which helps prevent confusion among consumers.
• Get more protection than just common law rights as it’s enforceable across all 50 states and internationally.
• Assert rights against counterfeiters who may try to capitalize on your brand’s popularity by using it without permission or payment.

Conclusion

In Oregon, you can register your trademark with the Oregon Secretary of State. The fee is $200 and it takes about 30 days to process an application. A registered trademark will last for 10 years. It will then need to be renewed in order to stay valid.