Greenbelt ever wonder what a trademark is? The most valuable thing about your brand is its name. Imagine it to be a special business card. It informs the world that a product or a service belongs to you. Not from anyone else. We encounter them on a daily basis.
Such symbols develop trust and recognition. Nike swoosh is one of them. You look at it and immediately identify the brand. It is a strong bond that is why trademarks are essential.
They are part and parcel of your intellectual property. This benchmark will take you through all this. What a trademark is we shall discuss. We shall also demonstrate how to enroll one.
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Why Your Business is in 100 per cent need of a Trademark
Big companies are not the only ones who should protect their brand. It is for everyone. You have striven to establish your business. That effort is symbolized by your brand name and logo.
Your legal protection is a registered trademark. It safeguards your reputation, which you have been working hard to get.
Cultivation of a Good Brand Identity
A trademark makes it easier to be found by the customers. It helps you to remember your brand in a saturated market. People know what to expect when people look at your mark. They equate it to your quality and service. That is the way you develop a customer base that is loyal in time.
Get the Privilege to Your Brand
Registering of trademarks grants exclusive rights. You are free to use the mark across the country in respect of your goods or services. This makes it impossible to have competitors to use a similar mark. It prevents their confusion of your customers. You acquire a legal right to put them to a halt.
A Valuable Business Asset
A registered trademark, which is a strong one, has physical money value. It is an asset that can be sold or licensed. It has the ability to add value to your business in general.
Trademarks make your company very more attractive to buyers in case you ever want to sell this company. It demonstrates that you possess a secure established brand.
A company has a brand which is a reputation of a person. You gain notoriety in attempting to do difficult things competently.
Jeff Bezos
What Can you actually trademark?
A lot of individuals believe that trademarks apply to names and logos. But they may be a lot more than that. The first step is to know the things that you can defend. We shall see the various kinds of marks available to register. This will assist you to determine your own valuable assets.
The Various Marks of the Trademarks
The identity of your brand could be composed of lots of parts. You can possibly save some of them. These are the most prevalent ones.
Word Marks
This is among the most prevalent ones. It safeguards a given word or a phrase. Think of “Google” or “Coca-Cola.” A word mark provides you with wide coverage. It safeguards the content of the words, whether font or design.
Design Marks (Logos)
This safeguards a given design or logo. The Apple logo is a good example. It is a stylized image. You guard the physical aspect, not the name of Apple. You may also make an application of a mark comprising of words and a design.
Sound Marks
Yes, you can trademark a sound. It has to be a distinctive sound that is recognizing your brand. Imagine the chimes of the NBC or the ta-dum of Netflix. These sounds directly relate to our mind about the company.
Other Unique Marks
The law is flexible. Other things can also be trademarked sometimes. This involves certain colors such as Tiffany Blue. It may also involve smells or even a certain design of an item which is referred to as a trade dress. Consider the unusual form of a Coca-Cola bottle.
Grid Characteristic: The Spectrum of Trademark Strength.
Trademarks are not made equal. There are far more powerful and easy to defend than there are others. This is an important spectrum to understand when deciding on the name to choose in a brand.
Trademark strength — quick reference
The Step-by-Step Guide to Trademark registration
Now we get to the main event. You know what a trademark is. You have an idea for your own. How do you make it official? The registration of the trademark may appear complicated. We shall divide it into small steps to you.
Step 1: The All-Important Trademark Search
Do not skip this step. I repeat, do not skip this step. Prior to filing anything, you have to make a comprehensive trademark search. This will assist you in determining whether it is an existing mark that is already in use by another person, and that he or she is dealing with similar goods or services. A fight will turn your application away.
Where to Search
Begin with the established database. The free search tool is in the United States patent and trademark office (USPTO). It is referred to as the Trademark Electronic Search System (TESS). You are able to search your identical or similar marks.
Do broader search is also to be done. Utilize search engine services such as Google. Authenticate social media and business name databases. You are checking on any possible conflicts. This is regarding risk management prior to investing time and money.
External Link: The TESS Database of USPTO.
What Are You Looking For?
There are two things you are seeking. To begin with, a probability of confusion. This implies that a consumer will not distinguish your brand with the other. USPTO examines the resemblance of the marks. It also analyzes the similarity of the goods or services. The closer the two the more risks of rejection.
[Check our brief guide: How to choose a great business name.
Step 2: Making and Filing your Application
You did your search. The coast looks clear. Now you are ready to file. You will submit your application at USPTO. Majority of the individuals submit their applications using the Trademark Electronic Application System (TEAS).
There are two major options of filing.
Comparison: TEAS Plus and TEAS Standard.
The correct filing choice can save the cash. A superficial comparison to assist you in decision making.
| Feature | TEAS Plus | TEAS Standard |
|---|---|---|
| Filing Fee | $250 per class of goods/services | $350 per class of goods/services |
| Requirements | Stricter — use pre-approved descriptions from the USPTO ID Manual. | Flexible — write your own custom description of goods/services. |
| Communication | Agree to receive all communications via email. | More communication options with the USPTO. |
| Best For | Applicants with goods/services matching the ID Manual. | Applicants with unique goods/services needing custom descriptions. |
Note: The USPTO is charged to alter the fees. Communication: Uses official site when prices are changed.
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Getting Your Information
In order to fill in the application, you require essential information. Be prepared to provide:
- Name and Address of the Applicant: This is the owner of the mark. It may be a company or a person.
- The Mark Itself: In the case of a word mark, the mark itself is simply typing the word. In the case of a design mark, you are required to place an image (in a clear image file such as JPG).
- The Goods and/or Services: You have to explicitly specify the goods or services that you are going to use the mark. Be precise. This is what is under your protection.
- The Filing Basis: You are expected to give the purpose of filing. Do you already make the use of the mark in commerce (use in commerce)? Or do you intend to use it in the nearest future (“intent to use)?
Step 3: The Examination Process
Once filed the waiting starts. Your submission is allocated to an examining attorney in the USPTO. It is this individual who will look at your application. They will scrutinize it on matters of legality. They will also accept your trademark search findings.
The process may take a few months or even more than a year. The examiner is tasked with a mandate of making sure that your mark is within legal standards. They will not simply turn you away in case they discover something wrong. They will send you a letter.
Replying to an Office Action
This is termed an Office Action letter. It describes the issue of your application. Do not panic if you get one. They are very common. Office Action will provide you with a deadline in which to reply, typically six months.
Common issues include:
- Your brand name is too close to one that exists.
- Your stamp is simply descriptive of your goods.
- The description of goods/services provided by you is vague.
You need to have a formal response. You must justify a reason as to why your mark should be registered. Or you can have to revise your application. Failure to do so in good time will result in abandoning of your application.
[Learn More: A guide to dealing with Trademark Infringement].
Step 4 Publication and Registration
Assuming that you pass your exam, it is published to be opposed. This implies that it is found in a formal online journal. Other parties have 30 days to object to other parties. They have the right to fight against your registration in case they think that it will be detrimental to their own brand.
Most small businesses do not have many oppositions. Welcome to the world! But you will go unchallenged! It will be registered by the USPTO. You will be issued with a registration certificate. You may now put the (r) next to your mark.
The 21 st century oil is intellectual property. Consider the wealthiest men of a century ago; all of them earned their money through the extraction of the natural resources or their transportation. The richest men of today have all made it out of intellectual property. – Mark Getty
Chart: The Trademark Registration Process.
The following is a simplified diagram of the filing registration process.
Trademark Roadmap
Application Filed
Submit TEAS & fee. Initial review for completeness.
Examined
Examiner reviews for legal issues. 3–6 months.
Office Action?
YES: 6 months to respond. NO: continue.
Publication
Published for 30 days for third-party opposition.
Registration
No opposition? Your trademark is registered — use ®.
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Federal Registration vs. Common Law
You may have heard of common law trademarks. What are they? When you commence the use of a mark in commerce, it gives you certain rights of its own. They are referred to as common law rights. They cannot go beyond your particular geographic location of business.
The tm symbol can be used to avail these rights. You are not required to register in order to use tm. It merely puts people on toes that you are claiming it as a trademark.
So why register? Federal registration provides you with a lot more protection. It offers countrywide privileges. It provides you with the presumption of ownership. This allows one to win a court case easily. The (r) sign makes the whole world think your brand is protected by the federal government.
Going Global: International Trademark Protection
Registration on the USPTO only safeguards you in America. What would you do in case you conduct business abroad? You will have to take refuge to other nations. It is possible to file in the individual countries. Or, there is a system by the name Madrid Protocol.
This is an international treaty that streamlines the process. One application can be filed using it. You can provide as many member countries as you desire protection. It is an economical process of controlling an international brand.
External Link: Knowledge of the Madrid System at WIPO.
Keeping Your Trademark after Registration
The certificate does not mean you are finished with your job. A trademark is like a garden. You must tend to it. When you fail to utilize and protect your mark, you will lose your rights. This is an essential aspect of protection of brand.
Use It or Lose It
You are required to keep on practicing your mark in business. Within 5 th to 6 th years after registration, you will be required to submit a declaration of use (Section 8). You must demonstrate that you continue to use the mark. You submit this after every 10 years along with your renewal.
Monitor for Infringement
Your mark is your business as far as policing is concerned. The USPTO is not going to do it. It is necessary to monitor the other users of a mark which can be similar to yours. It is possible to install alerts or apply using a professional monitoring service.
In case you discovered an infringer, you have to take action. A mere letter of cease and desist issued by an attorney is often sufficient. It will enlighten the other party about your rights. It requires them to cease to use the mark. In case they are opposed to it, you should think of suing them. By registering your mark you demonstrate that you do not ignore your intellectual property rights.
Get more specifics: The Basics of Intellectual Property.
Table: Timeline of Trademark Maintenance.
Maintaining your trademark is not that hard and only needs a few filings. Mark these on your calendar.
| Filing Requirement | When to File | Purpose | Consequence of Missing |
|---|---|---|---|
| Section 8 Declaration of Use | Between the 5th and 6th year after registration. | Prove you are still using the mark in commerce. | Your registration will be canceled. |
| Section 8 & 9 Renewal | Between the 9th and 10th year, and every 10 years after. | Renew your registration and re-confirm you are using the mark. | Your registration will expire. |
| Section 7 Amendment (If needed) | At any time. | To make small changes, like updating your address or a minor change to the mark. | Your registration details may become outdated. |
Your Next Steps to Secure Your Brand
We have covered a lot of ground. You now know what is a trademark and why it is so important. You also have a clear roadmap for the trademark registration process. It is a journey that requires care and attention to detail.
Taking these steps is one of the best investments you can make. It protects your hard work, your reputation, and your future. Your brand is your promise to your customers. A registered trademark ensures that promise remains uniquely yours.
Frequently Asked Questions (FAQs)
The process typically takes from 9 to 18 months. It can be longer if there are legal issues with your application.
USPTO filing fees range from $250 to $350 per class of goods. Legal fees for an attorney can add to this cost.
Anyone can use ™ to claim a mark. The ® symbol can only be used after the USPTO has officially registered your trademark.
Yes, but usually only if it’s used as a brand for goods or services. It cannot be registered if it’s just your name.
You are not required to have one, but it is highly recommended. A trademark attorney can help you avoid costly mistakes and improve your chances of success.
