How to Register Your Trademark

Wednesday, December 4th

If you're a business owner and are ready to take your business to the next level and brand your product or service, you may need to take steps to register your trademark.

A trademark is any word, symbol, sign, logo or expression that identifies a specific good, product or service. The registering of that trademark provides legal protection so that no one else can use that same mark or brand to market their product or service.

Registering a trademark gives your product or service legal protection against your competitors. The process of registering your business's trademark is something you can do, or you can hire an experienced lawyer to do for you.

If you decide to register your tradmark yourself, you'll need to do some initial research to make sure that your mark won't infringe on someone else's rights. You can go online and search registered trademarks at the U.S. Office of Patents and Trademarks website. This initial research will prevent you from trying to register a mark that looks too similar to a competitor's and prevent you from wasting your effort.

The U.S. Office of Patents and Trademarks is responsible for trademark registration. To register your trademark, you will need to submit a completed application form, a drawing or image of the mark to be registered, and examples of the use of the mark in actual use, along with any required fees.

If you're uncomfortable handling the registration process yourself, you can hire an attorney to do it for you. While this will increase your costs dramatically, you can be comfortable that an experienced lawyer will be handling your efforts. Be sure to check out any lawyer you hire to do this for you before paying them money.

If you don't want to go through the expensive cost of trademark registration lawyer fees, there are companies available online that can greatly assist your trademark registration process. They've made it very easy to apply for your trademark, and with the use of experienced lawyers, have simplified the legal issues. These services are greatly less expensive that hiring a lawyer directly.

Once you have submitted the application and fee, staff at the USPTO will determine if there is a likelihood of consumer confusion between your mark and a previously registered trademark. If they find none, they will register the trademark for you. The entire trademark registration process can take up to six months from the time the application is submitted.

Once you have received your registered trademark, you can use the symbol ® in any print and online information that promotes your business.

Registering your business' trademark will offer you several benefits that can protect your business in the future.

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Trademark Registration Service FAQ

What is trademark registration?

Intellectual property can be protected in several ways, one of which is through trademark registration. Having a trademark helps ensure that your goods, services, brand or slogan can't be used by someone else.

Do I need a trademark, copyright, or patent?

Good question! A trademark is used to demonstrate ownership of a slogan, brand, symbol - one that you use to differentiate your goods and services from other sellers' and providers'. In contrast, patents are used to protect how an innovation works or looks, while copyrights protect creative works like music, movies, or even computer code.

What can be registered as a trademark?

Almost anything used to represent your brand can be protected through trademark registration. Whether you use a tagline to make your company memorable, have a logo emblazoned on your signage and business cards, or use a unique font that you want to keep as your own, it all qualifies as eligible to be registered as a trademark.

What will I need to do to register a trademark?

It can get complicated to accurately complete all of the paperwork required for trademark registration. Using a service that specializes in this process can save you some time and a considerable amount of worry. The best services walk you through each step, ensuring that your application is filled out properly before it is submitted to the US Patent and Trademark Office.

Is it expensive to register a trademark?

The US Patent and Trademark Office charges a base fee of $400 or $600, depending on whether you file electronically or on paper. That's in addition to any fees paid to a trademark registration service, which usually range from $99 to over $1900, depending on the level of service you select.

How long will it take to get my trademark registered?

Getting the initial paperwork completed may be done as quickly as one business day. From there, most services offering help with trademark registration will conduct a search to ensure that your trademark doesn't conflict with others that have been registered by other applicants. Once your trademark has been cleared, your application will be sent to the USPTO for registration. From there, it can take several months for your application to be reviewed and approved.

Are trademark registration services legitimate?

Absolutely. Many of these services have been available for decades. It's a wise choice to use a trademark registration service, to make it less likely that your application will be rejected - which would add even more time to an already-lengthy process. For extra reassurance that the provider you've selected is a reputable one, be sure to consider feedback from previous clients or look for a rating from the Better Business Bureau.

Can I get a refund if I'm not happy with the trademark registration service?

That depends on the service you select. Some offer an error-free guarantee, but only a few will give you a refund on the fees that you paid for their assistance. Also, if the service has already paid the required fees to the USPTO on your behalf, you won't get those funds back.

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How to Register Your Trademark