Trademark Registration Process

Introduction

The trademark registration process is not complicated. In fact, it just requires that you follow a few simple steps. You’ll need to do some research and make sure your new mark is protected before committing to it.

Step 1 – Is it a Trademark?

The first step in the trademark registration process is to determine whether your mark is registrable. A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services and can be registered with the United States Patent and Trademark Office (USPTO). It’s also important to note that trademarks are words, phrases, and symbols used in commerce.

A service mark identifies and distinguishes the source of a service rather than goods. The terms “trademark” and “mark” are often used interchangeably but there are some important distinctions between them:

• A collective mark denotes membership in an organization or group by identifying its members through their use of the same distinctive emblem or device on similar products or services;
• Certification marks identify goods as meeting certain standards set by an outside agency;
• Trade dress refers to any non-functional characteristic associated with goods (such as color schemes) or marketing methods (such as packaging designs). If it has acquired secondary meaning—meaning it’s no longer just a characteristic but now signifies a particular brand—then it could qualify for protection under federal law if marketed throughout interstate commerce;

Step 2 – Choose the Mark

• Choose a mark that is not already registered. You can do this by searching the Trademark Electronic Search System (TESS).
• Choose a mark that is not confusingly similar to a mark that is already registered. You can do this by searching the TESS, or you may hire an attorney to help search for conflicts for you. If there are conflicts, you will need to change your new mark before filing your application so that it does not conflict with any other registered marks or pending applications.
• Don’t choose a mark that is offensive, scandalous, or immoral.

Your application may be refused if it contains any of these types of terms in its description of goods and services listed on the application form.

Step 3 – Identify the Classification of Goods and Services

In this step, you will determine the classification of goods and services for your trademark. The classifications are:

• Class 0 – Scientific and technological services
• Class 1 – Professional, scientific and technical services
• Class 2 – Industrial analysis or research services
• Class 3 – Design or development of computer hardware, software, or peripherals; Industrial design services; Product design, testing, and certification; Product development or engineering; Prototyping.

Step 4 – Conduct a Search

• Conduct a search for prior trademark registrations by searching the USPTO database on their website.
• Search for any conflicting marks in the same or similar classes of goods and services as your mark, including identical marks that are used in a different class of goods or services and confusingly similar marks that are used in a different class of goods or services. Use the USPTO’s Trademark Electronic Search System (TESS) database to conduct these searches.

Step 5 – File an Application

To file your trademark application, you must submit a properly completed and signed Trademark Application to the USPTO. The USPTO uses the TM or SM symbol as part of its official filing procedure. You can do this online or through mail service. Online filings are much quicker but require a $325 fee, while mail submissions come with a $275 fee (if you’re charging international goods). Make sure to include all pertinent details in your application, including drawings of any emblems or designs associated with your company’s brand name if applicable.

The trademark registration process is pretty straightforward.

The trademark registration process is pretty straightforward. It’s a five-step process that you can complete by yourself or with the help of an attorney. The first step is to determine whether your proposed mark meets all of the requirements for trademark registration and is not too similar to an existing mark. If it does meet these requirements, then it’s time to file your application with the U.S. Patent and Trademark Office (USPTO). This will be a simple online process; after filing your application, you’ll have six months from its acceptance date to send in any necessary documents or respond to questions from USPTO staff members.

Conclusion

As you can see, the trademark registration process is pretty straightforward. It’s also a great idea to consult with an attorney before filing your application. This will give you peace of mind that everything is done correctly, and it will help ensure that your trademark is protected in the long term.