Who can File for Trademark Registration?

Introduction

Trademark registration is a federal registration for commercial purposes. Trademark registration protects the trademark owner’s business name, logo, brand name, or slogan. A trademark owner may register their mark with the United States Patent and Trademark Office (USPTO) by filing an application for federal trademark registration and paying the applicable filing fee.

Trademark Registration Protects your Logo, Brand name, and Slogan

Trademark registration is a form of intellectual property protection that allows you to register your logo, brand name, and slogan for use on specific types of goods or services.

This means you can use the trademark as part of your brand image in marketing, advertising, and on your products. Doing this keeps competitors from using it without permission.

Trademarks must be used in commerce to be eligible for registration. The U.S Patent and Trademark Office (USPTO) defines “use in commerce” as either:

• You sell goods or services that bear the mark.
• You perform work that includes the mark.

Intend to Use the mark in Commerce

You can file for trademark registration if you intend to use the mark in commerce. If you don’t have a business yet, but plan on starting one in the future, your application will be considered as an “intent-to-use” application (ITU). An ITU is just like a regular TM or SM application except that it doesn’t require proof of use at the time of filing.

You can also file for trademark registration with intent to use even if you don’t plan on using your mark at all—for example, if you’re just protecting yourself from someone else who might try to steal your idea and start using it first.

If you Already Have a Business

Remember that a trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others. If you already have a business and would like to register a trademark that describes an aspect of your business, you can file for federal trademark registration.

Filing fees are $225 to register one mark per class with no artwork (i.e., if you just want to protect your logo) and $275 with artwork (i.e., if you also want to protect how your logo looks).

Takeaway

If you are planning to expand your business, federal trademark registration is a good idea. It is not necessarily required for every business and there are some business owners who choose not to register their trademarks. However, if you do plan on expanding and marketing your brand or product outside of your local area, then it would be beneficial to protect your brand name by registering it as a federally registered trademark. This way if anyone else tries to use your brand name in their own marketing efforts, they will be unable to do so without infringing on the rights held by you.

Federal registration lasts 10 years and can then be renewed indefinitely (as long as no one else has started using the mark). So even after 10 years have passed since first applying for federal registration of your logo or slogan/brand name at USPTO (United States Patent & Trademark Office), there’s no need for concern about losing out on these valuable intellectual property rights.

Conclusion

Trademark registration is an important part of any business, but it’s especially important if you want to protect your brand. It’s also important to understand that not all marks can be registered as trademarks—only those that are distinctive enough to be associated with a particular source and aren’t already in use by someone else.