Trademark Filing and Registration

Trademarks represent your brand.

They distinguish your goods or services from those of competitors.

Securing a trademark is a crucial step in safeguarding your brand’s identity and reputation.

What is a Trademark?

Symbols, names, slogans, or logos used to identify a product or service.

A trademark means you own your name, logo, or slogan and no one else can use it (or something confusingly similar) in your industry.

Benefits of Trademark Registration:

• Legal Protection: Registering offers legal recourse against unauthorized use.
• Exclusive Rights: Use the registered trademark symbol (®). It deters potential infringers.
• Brand Recognition: It aids in building brand value and trust among consumers.

Steps to Trademark Registration:

1. Preliminary Search: Before applying, you can search the USPTO database or have a comprehensive search completed to see if similar trademarks exist. There is no legal duty to search before filing a trademark. Whether a search is right for you depends on many factors including your risk tolerance level. 
2. Application: File an application with the United States Patent and Trademark Office (USPTO).
3. USPTO Review: The application will undergo a strict examination process, ensuring no conflicts with existing trademarks.
4. Approval & Publishing: If approved, the trademark is published in the “Official Gazette” allowing others to oppose if they believe there’s a conflict.
5. Registration: If there are no objections, or if objections are resolved, the trademark is registered.

Trademark Classes:

Trademarks are categorized into 45 different classes based on the type of product or service they represent. 

You will need to know your class before filing to ensure you do not receive an administrative refusal.

Trademark Maintenance:

Trademarks last forever… if you use them properly and maintain them. 

Trademarks need to renewed with the USPTO 5 years after registration, and then every 10 years after that.

International Trademarks:

If you do business globally, you may need to consider filing for trademarks in other countries or using the Madrid Protocol or individually for international protection.

Common Trademark Mistakes:

Generic Terms: Words that describe a product category can’t be trademarked.

Descriptive Marks: Descriptive terms can be harder to register unless they’ve gained significant recognition.