Is it Easy to Register a Trademark

Introduction

Registering a trademark is a very important step to protecting your brand. This is because you want to make sure that no one else can come along and use it as well. However, it’s not as easy as just filing paperwork with the United States Patent and Trademark Office (USPTO). You need to make sure that your name isn’t already being used by someone else before you submit an application for your own registration.

1. Decide What Parts of your Brand Need Trademark Protection

When trying to decide which elements of your brand you want to protect with a trademark, it’s helpful to take a look at the overall image you’re trying to create. If your business is all about organic food, then a label that says “cheap” or “fast” isn’t going to work for you no matter how much thought went into creating those words. On the other hand, if your business involves expensive luxury services, then customers might expect certain things from it—and those expectations could be damaged if they received something less than what they were looking for.

2. Search the TESS Database

You can search the USPTO’s Trademark Electronic Search System (TESS) database to see if any identical or similar trademarks exist. You can search by owner, goods and services, and filing date. Additionally, you can use keywords when searching TESS.

Search results are displayed in a list of search results. The list includes information such as the name of the registrant (owner), registration number, application filing date, status (active or abandoned), goods/services associated with the mark, and any related documents that have been submitted to the USPTO office.

3. Complete the Online Application Form

The USPTO’s online application form is a straightforward process, but it can take up to 15 minutes to complete. You will need to provide information about your business and the mark that you are registering. You will also be required to submit three types of evidence (in some cases more) that demonstrate that:

• you have used the trademark on the goods or services listed in the application;
• the trademark was being used before another party filed an intent-to-use application for a similar mark; and/or
• you have rights in other countries where your services are offered.

Takeaway

It is not too difficult to register a trademark, but it is not as easy as some people think. You will need to do some research first and make sure that you are able to secure your right to the trademark before you begin the process of registering it. Once you have done this then you can fill out an online application form and then wait for a filing date. After this point, you can start using your trademark on your products or services which means that they are now officially yours!

Conclusion

We hope these tips will help you to register your trademark. If you have any questions that we haven’t covered here, please feel free to contact us and we’ll be happy to help!