If you’re starting a new business, you’ve probably heard of trademarks.
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services of one party from those of others.
Registering a trademark in the United States can be a complex process, but it’s important to protect your brand and intellectual property.
This article will provide a step-by-step guide on how to register a trademark in the United States.
8 Steps to Register a Trademark in the United States
Registering a trademark in the United States is a crucial step in protecting your brand and business, and can be achieved through following these 8 steps.
Step 1: Conduct a Trademark Search
Before you apply for a trademark, it’s important to conduct a search to ensure that your trademark is not already in use by someone else. The United States Patent and Trademark Office (USPTO) maintains a database of registered trademarks called the Trademark Electronic Search System (TESS).
You can use TESS to search for existing trademarks that are similar to your proposed trademark. If your proposed trademark is too similar to an existing trademark, your application may be rejected. You can also search for unregistered trademarks by conducting a search on the internet or through a trademark search service.
Step 2: Choose Your Trademark Class
The USPTO organizes trademarks into 45 different classes, which are based on the type of goods or services that the trademark is used to identify. For example, Class 25 includes clothing, footwear, and headgear, while Class 35 includes advertising and business services.
You will need to choose the class or classes that your trademark will fall under. It’s important to choose the correct class or classes, as your trademark registration will only protect your mark within those classes.
Step 3: Prepare Your Trademark Application
Once you have conducted a trademark search and chosen your trademark class, it’s time to prepare your trademark application. You can file your trademark application online through the USPTO’s Trademark Electronic Application System (TEAS).
Your trademark application should include the following:
- The name and address of the trademark owner
- A clear drawing of the trademark
- A description of the goods or services that the trademark will be used to identify
- The class or classes that the trademark falls under
- The filing fee
You may also want to consider hiring a trademark attorney to help you with your application. A trademark attorney can help you ensure that your application is complete and accurate, and can represent you in any legal disputes that may arise.
Step 4: Submit Your Trademark Application
Once you have completed your trademark application, you can submit it through the USPTO’s TEAS system. You will need to pay the filing fee at this time. The filing fee for a trademark application is currently $350 per class for TEAS Plus and $250 per class for TEAS Standard.
After you submit your application, the USPTO will review it to ensure that it meets all of the requirements for registration. If there are any issues with your application, the USPTO will contact you and provide an opportunity to correct them.
Step 5: Wait for Your Trademark to be Examined
After you submit your application, it will be assigned to an examining attorney at the USPTO. The examining attorney will review your application to ensure that it meets all of the legal requirements for registration.
If the examining attorney finds any issues with your application, they will issue an Office Action, which is a written notice that outlines the issues with your application. You will have an opportunity to respond to the Office Action and address any issues that have been raised.
Step 6: Receive a Notice of Publication
If your trademark application is approved by the examining attorney, it will be published in the Official Gazette of the USPTO. This is a weekly publication that lists all trademarks that have been approved for publication.
Once your trademark is published in the Official Gazette, there is a 30-day period in which other parties can oppose your application. If someone believes that your trademark is too similar to their own, they may file an opposition.
If an opposition is filed, you will need to respond to it and defend your trademark. This process can be complex and may require the assistance of a trademark attorney.
Step 7: Receive Your Trademark Registration
If no opposition is filed, or if you successfully defend your trademark against an opposition, your trademark registration will be issued. You will receive a certificate of registration from the USPTO, which will include the registration number and the date of registration.
Your trademark registration will be valid for 10 years, and can be renewed indefinitely as long as you continue to use your trademark in commerce.
Step 8: Maintain Your Trademark Registration
After you receive your trademark registration, it’s important to maintain it by filing regular maintenance documents with the USPTO. You will need to file a Declaration of Use between the 5th and 6th year after registration, and a Renewal Application every 10 years after registration.
If you fail to file these maintenance documents, your trademark registration may be cancelled or become vulnerable to cancellation by others.
Conclusion
In conclusion, registering a trademark in the United States is a crucial step in protecting your brand and business. Following the steps outlined in this guide can help simplify the process and increase your chances of success.
It’s important to conduct a thorough trademark search to ensure that your trademark is unique and not infringing on any existing trademarks. Choosing the correct trademark class is also critical to ensuring that your trademark is properly protected.
Preparing a complete and accurate trademark application is essential for success. Any issues raised by the USPTO should be promptly addressed, and any opposition should be defended with the help of a trademark attorney if necessary.
Finally, maintaining your trademark registration by filing regular maintenance documents with the USPTO is crucial to ensuring that your trademark remains valid and enforceable. By following these steps, you can protect your brand and ensure that your business stands out in the marketplace.
