How to Secure a Trademark | Full Guide

The first step in protecting your company’s intellectual property is registering and securing a trademark for your brand name.

You can register your brand name with the USPTO to protect your intellectual property from infringement. Getting a trademark is not immediately necessary but may benefit your brand.

Registering a trademark for your company is a significant step that will assist you in protecting your brand identity from misuse or theft. Registering a trademark is a simple process that can be completed in a few simple steps.

This guide will walk you through each step of registering and trademarking your brand name and answer some frequently asked questions about trademark protection.

What Is A Trademark?

According to the United States Patent and Trademark Office (USPTO), a trademark is “a word, phrase, symbol, and design that identifies and distinguishes the source of one party’s goods from those of the others.”

A trademark is a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally distinguishes it from all other products.

A trademark identifies a product as belonging to a specific company and acknowledges the company’s ownership of the brand. Trademarks are a type of intellectual property that can be registered or unregistered.

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Is Securing a Trademark Worth it?

It is unnecessary to register your mark to obtain protectable rights. In the United States, simply using a mark as part of your business grants you “common-law rights” to it.

This means you could start using it and prove your ownership by proving you were the first to use it commercially. However, your rights as a common-law trademark holder are limited.

There are several benefits to registering for a federal trademark. It grants you legal ownership of the mark and the exclusive right to use it throughout the country in relation to the goods or services you specified during registration. Common-law rights are limited to the immediate geographic area where you operate, and registering the name with your state only protects your rights within that state’s borders.

When you register your mark with the USPTO, a public notice stating your ownership will be issued, and it will be listed in the online database.

With a federally registered trademark, you can also register your trademark with U.S. Customs and Border Protection to prevent foreign goods bearing the same name from being imported. In addition, you will be able to use the national symbol rather than the less enforceable mark.

Your company’s name is the primary way you present it to the rest of the world. Consider someone else using your company’s name to make offers that oppose your company’s mission and values. A trademark is required to provide your company with maximum legal protection.

What To Consider When You Want To Secure A Trademark?

If your company has a distinct name, it can be trademarked as long as it is not too similar to another name already being trademarked. For example, if the name is too broad, such as The Ice Cream Shop, it is unlikely to be eligible for trademark protection. Because it combines common words unusually, Iguana Ice Cream is more likely to be granted a trademark.

It is also critical to consider the geographic area you will serve. The common-law trademark protection of using the name is limited to your immediate geographic area. If your company serves multiple states, you should definitely apply for a trademark to protect your brand.

Suppose your company has several product lines with distinctive names, trademark those as well. Ford, for example, is a trademark of Ford Motor Company, which also owns trademarks for vehicle lines such as the F-150, Mustang, Ranger, and Explorer.

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Steps on How to Secure a Trademark

Step 1- Search and Clear The Trademark

Before you file for trademark protection, you must ensure your mark can be registered. This includes looking for others who may have already registered a similar mark and determining whether your mark meets the other requirements for registration with the US Patent and Trademark Office (USPTO).

Remember that applying for federal registration of your mark is a bad idea until you’ve conducted a search and clearance of your mark (or, preferably, had a trademark attorney do so for you).

Step 2- Prepare The Trademark Application

It’s usually a good idea to apply for registration on the USPTO’s Principal Register first. Principal Register offers the most protection to the trademark owner, including a presumption that the trademark is valid, that the registrant owns the mark, and that the registrant has the exclusive right to use the mark.

However, to be eligible for registration on Principal Register, your mark must meet specific requirements, so do your research or consult a lawyer before applying.

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Step 3- Get a Basis for Filing

Your trademark application must be based on either (1) current commercial use or (2) future intent to use. A use-based application means that you’ve already been using the mark in commerce or in connection with the goods and services listed in the application at the time of filing.

An intent-to-use application shows that you have not yet used the mark but intend to do so. If your application for intent to use is accepted, the USPTO will issue a Notice of Allowance.

At that point, you’ll need to file evidence (along with an Amendment to Allege Use or a Statement of Use) demonstrating that you’ve used the mark in commerce or connected with the goods and services listed in your application to register your mark successfully.

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Step 4 – The Application’s Contents

To complete your trademark applications, you must include specific information to be accepted. This includes the name and address of the applicant, a description of the goods or services associated with the mark, a drawing of the mark, and a list of countries where protection is sought. Additionally, you must provide a statement that you are using or intend to use the mark in commerce.

Finally, you must pay an application fee for your trademark application to be considered. The fee amount varies depending on what type of application you are filing and how many classes of goods or services are included in your application.

Suppose you need help with your trademark application. In that case, many online resources are available such as legal advice websites and professional trademark attorneys who can help guide you through the process.

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Step 5 – File The Trademark Application

Online Filing

You will use the Trademark Electronic Application System to file online (TEAS). The TEAS offers two filing options: Plus and Standard (previously known as “RF”)-

• TEAS Plus- The Plus application option is the cheapest at $250 for filing in a single class, but it has more requirements. To qualify for Plus filing, the applicant must submit all of the information listed under “The Contents Of The Application” earlier in this post. With the Plus application, you must select a description of your goods and services from a predefined list, which may be beneficial for inexperienced applicants but may be overly restrictive for others.
• The TEAS Standard- The Standard application option is more expensive than the Plus option, costing $350 for filing in a single class. The Standard application allows you to create a custom description of your goods and services, an essential feature for some applicants.

Step 6 – Confirm Filing and Check Status

If your application is accepted, the USPTO will send you a receipt summarizing your provided information. Check to ensure that all the information is correct.

Your application will also be assigned a serial number. You can use this number to track the status of your application by visiting the Trademark Status and Document Retrieval page. There’s no need to check your application’s status regularly but check in every few months to ensure everything is in order.

Step 7- Respond To Office Actions

When the USPTO receives your application, it will be assigned to an “examining attorney,” who will review it. This process can take up to 6 months. If the examining attorney discovers any problems with the application, he or she will issue an “office action” that denies registration and explains why.

You’d be expected to provide compelling reasons, typically based on prior cases, why your application should be accepted, a task that only lawyers are uniquely qualified to perform.

Step 8 – The Mark Is Published

Once everything goes according to plan, your mark will be published.

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Step 9 – Submit A Statement Of Use

If you receive a Notice of Allowance, you must file a statement of use and evidence that you’ve used the mark within six months. Along with the statement of use, you must pay a filing fee of $100.

If the examining attorney approves the statement of use, the mark will be registered, and a registration certificate will be issued. This can take several months, so don’t be concerned if you don’t receive your registration certificate immediately.

Step 10 – Maintain Your Trademark Registration

Last but not least, make sure you keep your registration current or you risk losing it. This entails submitting certain documents and paying fees every sixth and tenth year.

You must file a Declaration of Continued Use and a current “specimen” of use every sixth and tenth year. Section 8 Declarations are another name for these filings. Furthermore, you must file a Renewal Application every ten years, also known as a Section 9 Renewal Application.

Frequently Asked Questions

Conclusion

Several steps in preparing and submitting a trademark application can be completed without the help of a trademark attorney. However, if you’re unfamiliar with the system, gathering, organising, formatting, and submitting all the information can take a long time.

References

• dlapiperaccelerate.com  – Trademark strategy
• logo.com  – How to secure a trademark logo
• marktysonlaw.com – How to register a trademark
• secureyourtrademark – How to secure a Trademark
• namestormers.com– How to Trademark a name

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