A trademark protects a word, phrase, symbol or design associated with the business or product name from being used by someone else. To obtain it, you will need to choose a trademark that is truly unique - that is, it has never been used before - and register it with the United States Patent and Trademark Office. Once it is accepted, you will be able to sue whoever tries to pass it off as your own. Read the following instructions to find out more.
Steps
Part 1 of 2: Choosing the Brand
Step 1. Choose a strong brand
The term “trademark” refers to the word, phrase, symbol or design you intend to register. The United States Patent and Trademark Office (USPTO) is responsible for registering any trademark - the latter must contain specific characteristics. It means that it will have to be so original that it is unlikely to be found elsewhere regardless of the choice of other companies. Brands are divided into categories with different levels of "strength". When it comes to choosing a brand, focus on one that has very strong characteristics. Below are different categories, from the strongest to the weakest:
- Imaginative and arbitrary. These terms refer to those brands that do not contain concrete words or that have an unexpected relationship with the reference product or business, making it very unlikely that someone else will come up with an identical brand on their own. This occurs, for example, in the use of the name "Vingra" associated with clothing or "Mirtillo" for a company that produces chairs.
- Suggestive. Evocative brands suggest the nature of a product or company without describing it openly, becoming the second best option. For example, it is possible to associate "Brilliant Green" with a company that sells ivy plants.
- Descriptive. Descriptive brands are considered weak because they are intuitive and easily confused with those of other companies. For example, it can happen by using the image of an oat biscuit associated with the company that produces it or by calling a company that produces video games "Games Forever".
- Generic. This is the weakest type of trademark and is not legally registrable. Generic words can be thought of and used by anyone describing a product, so there is no way to enforce the protection of a trademark characterized by a generic word. For example, it occurs using the name "Lip Balm" for a company that produces lip balm.
Step 2. Make sure the brand meets other requirements
There are other circumstances in which the USPTO may reject the trademark application. Do not use a trademark if it has any of the following characteristics:
- It matches the surname or first and last name of a person or looks like him.
- It is insulting.
- Describes the geographical location of the origin of the goods or services provided.
- It is the translation of a generic or descriptive foreign word.
- Corresponds to the title of a book or movie.
Step 3. Do a search to determine if the trademark is already used
You can search online for the brand of your choice using the Trademark Electronic Search System (TESS) on the USPTO website. Be sure to do a thorough research, because the USPTO will do its own after you submit your application. If the trademark is already used, the application will be rejected.
Even if the trademark does not exactly match that of another company, the application may be rejected if the similarity is so close as to cause confusion. For example, if you want to register the name High B Lo for your business and there is someone else with the name Hi Below, it is likely that yours is deemed too similar to be registered
Step 4. Consider hiring a trademark and patent attorney
Such a lawyer who has experience in the field of registration of names, advertisements and designs can help you choose a successful brand. He will be trained on the characteristics that determine a strong or weak brand and will be able to assist you in researching to find out if the brand you have in mind is already in use. A specialist attorney can also help you go through the complicated application process and provide you with their best resources for you to get registered.
If you decide to hire an attorney, be sure to find a lawyer who is highly experienced and familiar with USPTO procedures
Step 5. Consider using a trademark without applying for registration
If the brand is so strong and has never been used, you can register it on your own by simply using it on the market for several years. You can write TM after the word, phrase or design that distinguishes it without proceeding with the actual registration. However, if you do not register with the USPTO, you will not be able to access certain rights, including but not limited to the following:
- The right to use the logo for registered trademarks (®).
- The right to bring legal action in the federal court.
- The right to register your chosen trademark in the USPTO database, making it available for research by others.
Part 2 of 2: Submit the Application
Step 1. Submit your application online
The easiest way to present it is to use the Trademark Electronic Application System (TEAS). You will need to pay an application fee equivalent to $ 325 along with the following information:
- Name and address of the applicant.
- A representation of the brand. This is a brand design, classified both as a design with "standard characters" (ie containing only an image, without letters or words) and as a design in "special form" (ie a stylized version of a word).
- Goods and services related to the brand. This is a description of the goods (products) or services that you are going to offer to customers and that will be associated with the brand you have chosen.
- The basis for submitting the application. For most of those who apply, the bases to follow are the use of the trademark in a commercial context.
- A sample (if required). If the brand is to appear on clothing labels, you will need to attach an image of the sample.
- The signature.
Step 2. Check your presentation status regularly
Enter the serial number you have (it will be given to you at the time of submitting the application) in the Trademark Status and Document Retrieval (TSDR) system to check the status of the application submission. After about three months, you will receive a legal notice. If the mark has been judged strong, it will be published in the Official Gazette for 30 days, during which people can object to the mark if it is already in use. Finally, you will receive a notification announcing that you are free to use it.
In the event that at any time the trademark should be considered weak or already in use, it is possible to make a claim
Step 3. Maintain your brand
It is up to you to make sure that no one else uses it after it has been legally registered. The USPTO does not supervise who uses certain brands. If you find that someone is violating your rights, you will need to sue them to enforce your trademark.
If you fail to enforce the brand you use, you will likely lose the lawsuit. If several people start using the trademark that identifies the good or services you offer without your permission, to the point where it is impossible for you to enforce your trademark, it will no longer be legitimate for you to continue doing so
Advice
- Exchange ideas with friends and collaborators and draw up a list of the most original brands on products that remember them.
- This article refers to the system under which to apply for trademark registration, in force in the United States. Requirements and procedures vary from country to country.
- In the United States, many states allow you to register a trademark at the state level. It may be cheaper and easier than registering it with the USPTO. However, registration is unlikely to be accepted outside of your state.
