How to Trademark a Name in the US

Introduction

A trademark is a word, phrase, symbol, or design that identifies the source of a good or service. A service mark is the same as a trademark but identifies the source of a good or service that can be rendered over the internet or by mail.

A trademark is not required in order to sell goods and services in the United States; however, there are advantages to having one. Federal registration provides nationwide notice of ownership and increases the likelihood of acquiring priority rights to an unregistered mark. Federal registration also gives you exclusive rights over your mark nationwide as long as you continue to use it in commerce.

How to Choose a Trademark

While it’s important to choose a name that is unique, easy to remember, and not too long or short, using a descriptive name can often backfire. For example, “Coffee Shop” might be a good choice if you plan on opening your own shop that sells coffee and other drinks. However, if another company already owns the rights to this same phrase (and they do), your application will likely be rejected since there would be no need for two separate businesses with such similar names.

How to Choose a Strong Trademark

• The name should be unique. A unique name is one that, to the best of your knowledge, cannot be found in any other company’s trademark databases (or anywhere else).
• The name should be memorable. A memorable name is one that creates an association with your brand or product in the minds of consumers; it should be short enough so that it does not take too much time for consumers to remember it when they see it again later on.
• The name should not be too descriptive or generic; this means that potential competitors could use these terms without infringing on your trademark rights because such terms do not give rise to themselves as trademarks.

How to File for a Federal Registration

Once you have narrowed down your search for a trademark name and determined that it may be eligible for federal registration, it’s time to file. You can file for a federal trademark registration through the USPTO website. Alternatively, you can use an attorney or agent to file on your behalf.

Applying online through the Trademark Electronic Application System (TEAS) is the most popular option because it’s easy and inexpensive in comparison with other methods of filing. Fees are based on the application type (standard or expedited) and will range from $325-$400 per class of goods/services listed in your application. The maximum cost per application is $4,000 if you need an expedited review or if multiple classes are submitted at once (fees are still capped at $4K).

Any applicable fees should appear when inputting information into TEAS; there will also be prompts throughout asking for payment information as needed during various stages of the process—these can easily be paid by credit card online using TEAS’ secure payment system.

File a Trademark Application with the USPTO

The next step in your journey is to file a trademark application with the USPTO. This should be done using one of their online filing systems, but you can also submit your application by mail or fax. You’ll need to provide some basic information about yourself, such as your name and address, as well as details about what kind of mark you’d like registered.

For example, if we were applying for a trademark for a brand name, we’d have to provide:

• The name itself
• A description of how it would be used (for example, on clothing)
• The type of good or service associated with that mark (in this case apparel).

Check the Status of your Application

You can check the status of your application by visiting the Trademark Status and Document Retrieval (TSDR) website. You should check the status of your application at least twice a year and more often if you are actively using the trademark in commerce. If you do not check the status of your application, it could be considered abandoned and someone else could apply for registration for it or claim that they started to use it before you did.

Conclusion

We hope this guide has helped you learn more about trademark law and how to file a trademark application. If you have any questions or need help with your own trademark filing, please contact us. We’re here to help!