What is the Process of Registering a Trademark?

Introduction

Before you register a trademark, you must do a trademark search and make sure that your mark is clear. Once you have completed this step, the next step is to file an application with the U.S. Patent and Trademark Office (USPTO). The application will include information about the mark, a description of how it is used or will be used in the future, and a statement as to whether or not the mark is already being used or if it is intended to be used in the future. If you’re already using it, you’ll attach a sample of it along with your application along with other fees associated with registering your trademark (more on those later).

Conduct a Trademark Search

Before you register a trademark, you need to do a trademark search to make sure you are not trying to trademark something that is already in use by someone else.

You can do this in two ways:

1. You can use the USPTO website to conduct your search, which includes searching through its database of registered trademarks. You will also be able to see if there are any similar marks that have already been used by other companies and whether they are still in use or not.
2. The second way is to hire an attorney who specializes in intellectual property rights (IPR), such as trademark law, who will usually charge you an hourly fee for their work. However, this may be your only option if you don’t have access to a computer with internet access or cannot afford your own attorney’s fees because they can get expensive depending on how much time they need from you during their research process before filing paperwork with them at all times during the application process until registration occurs via UDRP proceedings.

File an Application

Once you have completed the search and know your mark is clear, the next step is to file an application with the U.S. Patent and Trademark Office (USPTO). You can file a trademark application online or by mail, but it’s not required that you do so in person. The fee for filing a federal application online is $275 per class of goods or services while filing by paper costs $325 per class of goods or services plus a one-time $100 registration fee per class of goods or services when you apply online.

The application will include information about the mark, a description of how it is used or will be used in the future, and a statement as to whether the mark is already being used or if it is intended to be used in the future. If you’re already using it, you’ll attach a sample of it along with your application.

If you don’t have any samples ready yet (or even if you do), don’t worry—you can still get started by filling out an intent-to-use trademark form on their website instead. In this case, explain that your company hasn’t started using its new logo yet but plans on doing so soon. Then submit proof of ownership by including a copy of your articles of incorporation or partnership agreement.

The next step after filing for registration is waiting for approval from USPTO examiners who review each case before giving final approval or rejection letters back to applicants within 6 months after the filing date.

Types of Trademarks

There are several types of trademarks that can be registered including standard character marks (applying to words only), stylized or design marks (applying only to logos or designs), sound marks (applying only to sounds), scent marks (applying only to scents), taste marks (applying only to tastes) and motion marks (applying only to motions). The most common type of trademark that people try to register is a standard character mark.

Takeaway

The first step in registering a trademark is to determine which category your mark falls under. There are several types of trademarks that can be registered including standard character marks (applying to words only), stylized or design marks (applying only to logos or designs), sound marks (applying only to sounds), scent marks (applying only to scents), taste marks (applying only to tastes) and motion marks (applying only to motions). The most common type of trademark that people try to register is a standard character mark.

A good example of a famous standard character mark is Nike’s “swoosh” symbol. This icon has been used for decades by the company and consumers recognize it as an indicator of quality products from Nike. If you’ve ever seen someone wear a shirt or hat with this logo on it, then you know how recognizable the brand has become over time.

You’ll receive a certificate of registration if your application is successful. This allows you to put the registration symbol “®” next to your mark in order to show that it has been registered with the USPTO. The registered trademark symbol can be used by any business that owns the mark—not just one particular party—and it can help avoid confusion on behalf of consumers who might think that another company owns your product or service.

Conclusion

We hope this information has been helpful and will help you navigate the trademark registration process. If you have any questions or concerns, please contact us and we’ll be happy to assist.