Trademark Registration Method

Introduction

Although you can file for trademark registration on your own, it’s highly recommended that you hire an attorney to help with the process. The USPTO website provides information about both methods, including how to start the application. This article will cover each step of registering a trademark with the USPTO: from searching for existing marks, filing an application, responding to questions and requests from the USPTO staff members, and maintaining your designation as a “registered” mark holder.”

The USPTO offers two trademark methods of registration.

You must register your trademark in order to protect it. The USPTO offers two trademark methods of registration: (1) an application for federal registration; and (2) state or common law rights.

• Federal registration is a more complete form of protection because the registered trademark symbol (“®”) becomes part of the official record, which means others cannot use it as their own without infringing on your rights under federal law.
• State or common law rights can be established when another person begins using the same or similar name with regard to similar goods and services within one state. This may prevent others from using that name in connection with those goods and services within that state, but they may still use it elsewhere in interstate commerce outside of that particular jurisdiction’s laws.

Start with a Search

Start with a search. You can search the USPTO’s database of registered trademarks here, pending trademarks here, and abandoned trademarks here. The USPTO also maintains an online database of trademark applications filed with them which you can search for by submitting your query here

Submit the Application

Submitting an application is the first step of the trademark registration process. A trademark application is a legal document, and you must file it with the USPTO. You can file a regular paper application by mail, fax, or electronic submission (ESC). If you choose to submit your application electronically, you will need to pay a fee and agree to abide by certain rules regarding data security and confidentiality; however, there are no additional fees associated with submitting via ESC.

Respond to the Application

Once you receive your trademark application, you have six months to respond. If you are using a trademark attorney, respond within three months of receiving the application. If you are using a trademark agent, respond within one month of receiving the application. And if you’re going it on your own and filing with an online service (like LegalZoom), give yourself 30 days to submit all paperwork and pay any necessary fees.

Maintenance.

Ensure the trademark is used. Keep the trademark active. Pay the maintenance fee. Otherwise, you lose your trademark and have to pay another $600 or so to get it back (if you can even find it). If no one is using it, then you can’t renew it anyway! So what’s the point in having a trademark if no one uses it? Don’t let that happen to your business!

Takeaway

The USPTO offers two trademark methods of registration: the Madrid Protocol and the Supplemental Register. Regardless of which method you choose, it is important to search for potentially conflicting trademarks first in order to avoid any complications later on. You may begin by conducting an online search through their Trademark Electronic Search System (TESS). The application process should follow a similar procedure as filing a patent application at the USPTO, with additional steps regarding maintenance issues that may arise in the future.

Conclusion

If you have a product that you want to trademark, then it is important that you do so. This will help protect your business since no one else will be able to use the name or logo without permission. It also allows others who see your logo anywhere in public to know exactly what they’re getting when purchasing from an authorized retailer.