Issued and managed through the US Patent and Trade Office (USPTO), trademarks can be a word, logo, phrase, symbol or design that a company is using to help their customers identify the goods as theirs, and not those of another company.
Trademarks were created in order to help reduce the confusion surrounding more than one business having the same name, logo or slogan, and while you do still receive some legal protection once you begin selling your product or service, whether trademarked or not, there is still good reason to do it anyway, here’s why:
While you do become a trademark owner the minute you make your first sale, under common law ownership, this will only provide you with protection in your geographic region, and nowhere else in the country, or world. What’s so bad about that? Well, it means that your trademark can be used by anyone outside of your region, and you wouldn’t be able to stop them.
So, to protect your business and whatever it is that you sell, you’re strongly recommended to register your trademark at the federal level with the (USPTO). To help you do so, here is quick, step-by-step guide:
Firstly, try to determine whether you will be granted a trademark
Think carefully about the category you are applying for the trademark under, as you don’t want to spend money on the application, only to lose it when your request is denied. Remember that unique and descriptive marks are more likely to be successful.
Secondly, conduct a search
To ensure that your name, slogan or logo hasn’t already been trademarked (or that there isn’t one that is very similar), you must conduct a search of the Trademark Electronic Search System (TESS) to review all existing trademarks. If yours is unique, this will help your application be more successful.
Thirdly, apply for a trademark
There are different sets of instructions according to whether you’re using the Use in Commerce basis application, or the Intent-to-use basis, and it’s important to complete every step correctly and in full, otherwise your application may be rejected. If you can’t find the information you need online from USPTO, you can always check with an entity management company, who will be able to guide you further and even assist you with the application (or any other aspects of running a business) if required.
Lastly, you should check the status of your application online
Using the Trademark Status and Document Retrieval (TSDR) system, you should then be able to check your application’s status. Keep in mind that it usually takes anywhere between 6 and 16 months for approval, so try checking on its status every 3 months at least.
Trademarking is a step worth taking for all business owners, as it prevents others from being able to use your name or slogan, as their own.
Affording you more legal rights than common law ownership, give your business the protection it deserves, and trademark it, today.