In the current business landscape, there is more than one competition (if not 5) around your business, so establishing a distinctive and memorable brand is essential for success and being at the "top of mind" of your customers. This applies to everyone, from experienced entrepreneurs to the ones just starting their journey in the world of marketing.
That’s why we put together a 3-step guide to understand how to register your trademark effectively. Here’s everything you need to know about how to register a name, from the trademark registration process to the brand assets you can legally protect.
Registering your trademark not only protects your intellectual property (IP) but also gives you exclusive rights to use it, preventing others from taking advantage of your hard-earned reputation. The trademark registration process begins at the US Patent and Trademark Office (USPTO). This government entity reviews and approves all online applications, and the entire process can take six or more months. As for filing fees, they can be as low as $250, but total out-of-pocket costs can be much higher (this happens when a trademark belongs to more classes or there are attorneys involved).
Before choosing either of the two available filing options, you must ensure that your brand is not too similar to other registered trademarks by searching for it in the free online Trademark Electronic Search System (TESS) database.
If your trademark is clear after conducting this research, you can begin the application process through the Trademark Electronic Application System (TEAS) and pay trademark registration fees for a TEAS Standard or TEAS Plus filing option. They will ask you for some documents, such as a drawing of your standard design or brand and marketing evidence demonstrating how you are currently using it in your business.
Once filed, you are given a serial number as a reference for your request. Meanwhile, the USPTO hires a patent attorney to review your application. If all goes well, you may receive a letter (or “office action”) that you can respond to within six months if any problems are detected before your application file expires.
If your application is approved, the USPTO will publish your trademark in an online journal so that anyone else has the opportunity to object to it (this process takes around three months). If there is no opposition, they will register your trademark. But if someone objects, it may be necessary to hire a trademark attorney to defend it.
Once you apply with the USPTO, you can register a name, phrase, design, or sound as a trademark. The USPTO accepts 3 trademark applications:
You can get the most benefits for protecting your brand’s font, style, or color by choosing the standard character format. But if your trademark names or phrases have non-standard characters like underlining, subscripts, superscripts, or emoticons, you should opt for a special form application to protect them.
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