Do you have a name, logo, symbol, or design you’re using to promote your products and services? It’d be best to protect them, so other people won’t be able to use them without your permission. This is where trademark registration comes in.
A trademark is a word, phrase, logo, or design that legally represents and identifies a brand from other competitors in commerce.
Registering a trademark lets you protect your company’s unique identity from those who can use it for their own gain without consent. You may register a trademark by visiting the United States Patent and Trademark Office (USPTO) or consulting trademark registration services for help.
In this post, you’ll discover everything you need to know about trademark registration. So, read on to learn more.
What Are The Different Types Of Trademarks
A trademark can be one or a combination of the following:
- Word mark, or the name of your business;
- Logo mark, or any particular image that represents your business;
- Combined mark, or the combination of word and logo marks; and the like.
You can apply for a word mark if you have a unique phrase or tagline. You can register a logo mark if you have a design or image used to promote your brand. And if your logo is the same as your company name, you can apply for a combined mark.
How Are Trademarks Protected
If you register for a trademark, it doesn’t mean that your mark has been given immediate protection. A registered trademark will be given protection once it is used and circulated in commerce to distinguish your brand from similar ones.
Here are three different types of trademark protection:
- Common Law Trademark Protection: This protection indicates that a trademark (registered or not) may have immediate rights and protection once used in the market. This is possible if the owner proves that they’re the first to use it. But such protection and other legal actions are limited to where the business operates.
- State Trademark Protection: As the name implies, this type of protection indicates that a trademark can be protected within the laws of a particular state. This means no one can use your trademark in the state where your business operates but you. However, this means businesses from other states can use your trademark as well.
- Federal Trademark Protection: This type of protection provides absolute ownership and exclusive rights to the trademark owner nationwide. This can be done by submitting an application to USPTO.
How Long Do Trademarks Last
How long do trademarks typically last? This depends on the type of protection trademarks currently have. Common law trademark protection lasts as long as your trademark circulates in the market. Nonetheless, you can lose it if you can’t impose your authority over your trademark in case of an infringement.
State-level trademark protection may vary depending on the trademark laws of a particular state. Visit your local state office to learn more about the expiration of a trademark.
Lastly, for federal-level trademark protection, a trademark may last up to ten years. Before it expires, you must renew it for another ten years to ensure absolute and legal ownership of that trademark across the country.
How To Register A Trademark
The trademark registration process involves filing, evaluation, and publication. Usually, the process takes 12 months or one whole year to complete. If you’re working with professional trademark registration services or lawyers, the timeline will be shorter and more cost-effective.
Below are the steps to register a trademark.
- Check If You Need A Trademark
A business automatically receives trademark protection if it’s the first to use a mark in a specific class or industry (common law). Yet such provisions are limited to the local area where that business operates. Henceforth, filing a trademark infringement lawsuit may not be possible, even if someone uses that trademark without consent.
Registering a trademark provides the original creator absolute ownership and exclusive rights to use a particular mark as long as they want. It makes it clear who owns a trademark on a national level. Also, it allows the owner to file trademark infringement lawsuits against people who steal and misuse their registered trademark.
- Look For Existing Trademarks
Once you’ve decided to apply for a trademark, the next thing you need to do is to look for existing trademarks similar to your mark. This can be done through USPTO’s Trademark Electronic Search System (TESS).
You’ll need to do this before applying for a trademark because the patent office will not process your request if your mark is substantially similar to registered ones. This is to reduce confusion once both marks exist in commerce.
Experts suggest searching not only for the exact mark but also its variations. For example, ‘Sweet Room Rents’ and ‘Sweet Room for Lease’ may lead to rejection because they’re similar names, even if they’re not exactly the same.
- Prepare The Application
Preparing the application may require important details, such as:
- Standard Character Mark: This is the name you want to protect from infringement. You can register it using a specific font and color.
- Products Or Services: You need to mention all the products and services that will carry the trademark. You can register a trademark under multiple classes or industries, but an additional processing fee may be charged.
Furthermore, application fees will be determined based on the status and number of classes you apply for.
- Submit The Application
You can submit your application through the Trademark Electronic Application System (TEAS). After that, you’ll receive a receipt and serial number to reference your application. Then, your application will be reviewed by the patent office attorney.
You may receive an office action if your application has problems, such as missing information or similar trademarks. You have six months to address the issues, and failure to do so may result in the immediate rejection of your application.
If your application is granted approval, the patent office will publish it online to allow the public to object if there are problems. If your trademark isn’t opposed, your mark will be registered.
Final Words
Registering a trademark awards businesses legal and exclusive rights to their name and logo. The process can be time-consuming if you do it all by yourself. If that’s the case, you may consider hiring a professional service or an attorney to streamline the process.