How to Register a Trademark in Washington

Introduction

To protect your trademark, you need to register it with the U.S. Patent and Trademark Office (USPTO) and the state in which your business operates. Trademark registration is like a “certificate of origin” for a product or service. This is to let others know that the creator has approved it as its own unique brand name.

Trademark Rights are Based on Use

Did you know that trademark rights are not automatic? Only the Federal Government and the state can approve a trademark after they have been used in commerce. This means that, even if you’ve been using your business name for years, you will not be able to receive legal protections. Once it is established that a customer associates this mark with your product or service and easily identifies it as belonging to a particular entity, registration may be an option to protect your brand from infringement by others.

Benefits of Registering a Trademark

You do not need to register your trademark with the State of Washington or the U.S. Patent and Trademark Office to claim rights to it, but registration does provide additional benefits. Registering a mark registers that mark nationally. This makes it easier for others to find you and get in touch with you if they have questions about your products or services. In addition, if someone else uses a similar mark in Washington, it can be more difficult for them to argue that they never intended any confusion between their use of the trademark and yours (known as “dilution”).

In the State of Washington, you can apply for registration of your trademark by filing Form TS-1. This form is known as “Application for Registration of Trademark with the Business Licensing Service.”

This form can be filled out online, and you will need to attach a sample of the mark. The cost for this application is $150, but it can be done in person at a Business Licensing Service office or by mail.

Review of the Application

The Washington Business Service Center will notify you of any deficiencies in your application. This is done so that you may make modifications as necessary during this review period.

During the review period, you may make modifications to your application. However, if you make changes that are not allowed under law or regulation, the Examiner may return your application to you without further action. If a change is not allowed it will be noted on your receipt and/or letter of acceptance.

After the application passes review with no deficiencies, it will be accepted and published in Washington State Register.

Once your application is accepted and placed on file with the Secretary of State’s office, it will be published in the Washington State Register. Applicants may file objections to your registration before it is complete. If no objections are filed against you, then your trademark will be registered within 30 days.

Applicants may also use their certificate of registration as a basis for canceling another party’s mark under certain circumstances. These circumstances could be if someone else uses an identical or confusingly similar mark on goods related to yours.

When no objections have been filed against you or have been resolved in your favor, then your trademark will be registered within 30 days after publication. You will receive a certificate of registration, which is proof that you have rights to the trademark. You will receive the certificate by mail, and it’s good for 10 years from the date issued on it.

Maintaining the Trademark

You can register a new trademark every 10 years at no cost using the same form that you filed previously. However, if you forget to renew a registration, you cannot get these rights back without registering a new trademark.

• If you have already registered a trademark with the state of Washington, you can renew it every 10 years.
• To do so, you will need to fill out the same form that you used when initially registering your trademark. A small fee may be required (between $300 and $600) depending on whether or not there is an existing mark on file or if there are any issues with your application that needs correction.
• Once renewed, you will get all of the rights back just as if nothing had ever happened and there would be no reason why anyone should be able to use your name without asking for permission from either yourself or one of your registered agents who are authorized under law to grant access if necessary.”

Takeaway

Registering a trademark in Washington provides an additional layer of protection for your business’s intellectual property. You don’t need to register a trademark in Washington, but it is recommended if you want the right to use the ® symbol next to the mark on your products and promotional materials. This indicates that someone else hasn’t already claimed ownership over your brand name or logo.

If you decide not to register your mark, you can still use TM (or “Tm”) as opposed to R(registered).

Conclusion

The above information should be helpful for those who are looking to register their trademarks with the State of Washington. If you have any questions, please feel free to contact us.