How to Register a Trademark in West Virginia

Introduction

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of a good or service. It can be a word, an arbitrary symbol, or even a sound. For example, “Apple” is the name of a fruit and also the brand name for computers and phones sold by Apple Inc., while “BMW” is just the German word for “bicycle manufacturer” but has become synonymous with luxury automobiles in America.

Figure out the Class of your Trademark

Once you’ve decided to apply for a trademark, the next step is determining what class it will fall into. There are 45 classes that cover everything from “agricultural machinery” to “educational services.” So how do you figure out which class your trademark should be in?

To find out which class your trademark will fall into, go to the USPTO website and use their search tool. That way, if someone else has already registered a similar mark in another state or country, you’ll have time to change it before filing your application.

Conduct an Online Search

Next, conduct an online search to make sure the name is not being used by someone else.

Go to the USPTO’s Trademark Electronic Search System website and enter your proposed trademarked name into the database. If at least one other party has registered a similar mark, you can file an opposition against them after submitting your application. If no one has claimed ownership of that name yet, proceed with filing an application for your new mark!

Create your Application

After you have prepared your application, you can begin to fill out the online filing system. The Secretary of State will require that you create an account and log in before beginning to file your application. Once you have logged in and are on the main page of the website, click on “File Trademark” under “More Services.” Next, click on “New Trademark Search” or “New Trademark Application.”

Once you have clicked either one of these buttons (or both), it may take up to 24 hours for your system access privileges to be granted. Once this has been done and access has been granted, follow the steps as outlined below:

• Enter all required information into each form field; there is also an optional field for comments if needed at this point
• Select whether or not there has been a previous application filed with another office in another jurisdiction; if so select which one
• Completely fill out all required fields with accurate information
• Make sure the application is complete by checking off each box that applies
• Be sure that all fees are included with the payment attached

Pay the Filing Fee

You’ll have to register your trademark in one or more classes. A class is simply a general category that your product or service falls into, such as electronics or clothing. If you are registering for a single class under which all of your products fall (e.g., “computer software”), the fee is $50 per class; if you’re registering for multiple classes (e.g., “computer software” and “apparel”), then it’s $150 for two classes or $250 for three classes total.

Patience is the Key

The process can take up some time. Make sure that you stay patient and wait for the Office’s response. If you don’t hear back from the Secretary of State within 30 days, your registration is complete. You can call them to check on the status of your application if you’d like.

Takeaway

Registering your trademark in West Virginia is fairly straightforward. To begin the process, you will need to register with the U.S. Patent and Trademark Office (USPTO). You can do this by filing an application in person at a USPTO office or by mail.

To be eligible for federal registration of a trademark, the mark must be used in interstate commerce (i.e., sold in more than one state) or have been published for sale within 30 days of applying for registration. If you want to protect your business name as well as logos, slogans, and taglines from being used by others—or if others are using them now—you should consider registering it with the state where your business is located.

Conclusion

Registering a trademark in West Virginia is a fairly straightforward method. It’s a simple process that anyone can do with some patience and research. If you have any questions, feel free to contact us at any time. We would be happy to help.