Getting a Trademark
How to safeguard the symbols that identify your company or brand
A trademark can be a word, phrase, symbol or design that identifies your product. Ownership of a trademark helps insure that no one else may your business name, phrase or design without your permission. Though it is possible to enjoy certain ownership rights without going through the formal registration process, obtaining official approval of your mark from the U.S. Patent and Trademark Office (USPTO) provides distinct advantages. Registering a trademark allows you to:- Invest in building your brand with the added security that it is legally protected
- Prevent other businesses from leveraging the goodwill associated with your brand
- Build a stronger legal case against any party that infringes on your trademark
- Enlist the aid of the U.S. Customs Service to block the import of foreign goods displaying a facsimile of your mark
- Display the ® symbol with your mark once USPTO registration is granted
Understand what constitutes a trademark
Trademarks differ significantly from other intellectual property designations such as patents and copyrights. Similarly, not all words or designs are eligible for registration. It is important to understand these distinctions and regulations before investing in a costly design and trademark search.
Try: Get fully briefed on trademarks at the USPTO website, and learn the benefits of registering by reading Should I register my mark? Also visit the trademark section at Nolo.com.
Performing a trademark search
Before attempting to register a trademark, make sure no similar mark exists. You can do a basic search on your own via the USPTO's Trademark Electronic Search System (TESS). Private companies will perform a more extensive search for fees starting at about $200. Attorneys also handle trademark searches and can provide you with the added protection of a written legal opinion on the legitimacy of your trademark claim.
Try: Webster's online dictionary offers an online list of trade names. Explore the trademark search services at Thomson CompuMark and CompleteTrademarks. Locate an attorney skilled in trademark registration at LegalConnection.
Register your mark
Trademark applications can be made online with the USPTO.
Try: The USPTO provides a step-by-step guide to trademark registration along with an online booklet further describing the process and a listing of applicable filing fees, which will run several hundred dollars. But while the system lets you go it alone, the process is complex and requires special knowledge of just what category or categories you should apply to and where you have the best chance of success. USPTO examiners frequently have follow-up questions to an application, and a trademark attorney will be far more qualified to respond than you. Find a patent attorney or agent at USPTO.
Protect your mark
The more you have invested in your trademark the more important it is for you to make sure no other company in the U.S. or elsewhere is copying it or using a similar mark. For that reason you should periodically search for possible infringements.
Try: Thomson CompuMark provides online "Trademark Watching Services" that monitor registration databases in more than 200 countries. Assist U.S. Customs and Border Protection officials in their efforts to halt the import of foreign goods bearing infringing marks by insuring your mark is listed with the bureau.
- Learn about trademarks before investing in a mark that may not legally qualify.
- Once you create a rough design of a trademark perform a TESS search to insure a similar mark doesn't already exist. Proceed with finalizing your mark for reproduction via print and other media once you are certain of your mark's originality.
- Use a law firm to handle the trademark search for any mark that forms part of a product involving significant investment.
Copyright © 2011 Business.com, Inc. All Rights Reserved.