Trademark theft cost small businesses over 300 billion dollars a year. I know. So let me show you how to register your trademark step number one create unique words or a symbol as your trademark what can be trademarked any name symbol slogan design that is uniquely identified with your product or service people often use the word trademark to refer to both trade. Parks and service marks, technically a trademark is for your goods whereas a service mark is for your commercial services.
Why Should You Trademark: Two Reasons
It keeps customers who had good experiences with your product or service coming back for more. It also helps them find your product by finding that logo or that name or that symbol that is trademarked and identifies your unique product or services in reality Coke may be indistinguishable to your taste buds from other carbonated drinks. However, you always order a Coke because you remember how good it tasted after you scored your first touchdown. You also trademark to prevent others from taking your particular mark and then trying to use that Mark to sell their own goods and services.
It’s very likely that if Pepperidge Farms did not trade mark its name some would steal it and attempt to trick customers into buying their own crackers instead of Pepperidge Farms while some of us will create a unique design as their trademark that no one has ever thought of some of us want a trademark a word phrase that maybe someone has thought of and previously registered.
So it is really smart to research whether or not your word phrase. If you have a word phrase has been used before and previously registered. There are three different types of research to perform to determine whether or not the word phrase you want to trade Mark has been used before or as previously registered. But before we get there, here’s when you may want to get it internee involved in the trademark. Process attorneys have access to very sophisticated professional databases that provide very timely and accurate information about pending trademark applications. So if you have the resources, you may consider delegating the research process to them.
Doing It Yourself
However, if you’re a do-it-yourselfer like me here’s how to research whether or not pending trademark applications are in the computer system first. It’s really easy perform a Google Search and determine whether or not the words you want to trade mark appear in Anywhere else second go to who is I can dot org and do a search and find out whether or not the words you want to trade mark appear in domain names in the world. The last part of the research happens at the website for the US patent and trademark office you use a system that they have it’s free to use called test trademark electronic search system, you use this system to determine whether or not there are pending trademark applications in America for the words you want to trade mark test is really easy to use. Simply go to the website for the uspto.gov hover over the trademarks tab. Click on searching trademarks scroll down to search trademark database you click there move down to basic word Mark search and then you click there.
Then you go into the search term field and you type in the words that you want to be trademarked. I previously entered What a Feeling because I was pretending like I was selling a online product like an online vitamin and I can see here that there’s at least one application for this Mark that is live. In other words. It’s pending when it says dead then the Mark has been abandoned and is available you use the basic word Mark search when you’re trying to trademark words.
However, when you want to trademark a design you have to use the design mark search and I made a post about how to use that design word mark search. If you do not see in this screen that the words that you want to use as your trademark has a live application pending, then you’re looking good for a trademark and you can move on to the next step. But before we get there, let’s take a quick break. We’ve been talking about a lot of complex subjects.
Lock In Your Trademark
Step number three use your trademark to lock in your trademark. You actually have to use the words in the symbol in your online business in America once a business starts to use it as stink. TN name or symbol immediately and automatically has the right to prevent others from using that distinctive name or symbol basically the rule is use it or lose it. How do you use a trademark will first your trademark has to be used in your actual business second you have to display the mark so that it’s physically associated with the particular product or service that you are going to sell so that could be like a label or a tag. Perhaps the trade mark appears on your website.
Register Your Trademark
Once you have used your trademark, your next step is to protect it under federal law by officially registering it. Where do you register it by going back to the uspto.gov website under the trademark stabbed go to apply online click on initial application forms. There’s three different types of application forms. I use the TEAS RF. At the time this post was written, it costs 50 dollars more than the cheapest application, but I don’t want to go through the goods and services listing and I really don’t mind communicating with the USPTO through email and online correspondence. Get to the application scroll down and check no and attorney is not filing this application. Then you click continue at the bottom here you fill out the applicant contact information remember applicant means the owner of the mark not the person filling out the form. So if you want your business to own the mark, you should enter in the business name as the applicant after you’re done filling out the contact information click continue. And you arrive at the mark information screen. You click on standard characters and then you Enter in the trademark phrase and maybe you get a preview at like I did here then you click continue.
Next is the good service information screen click on ADD goods and services then type in the basic category for your product. Click on go. Then you get this listing of all these different types of related products in this example. I’m seeking a trademark for cornbread. And so I click the corn bread box and hit inserted checked entries. Then you just click on the bottom, “Continue.”
You don’t need to identify the filing basis. Then it’s continue again. This takes you to the final screens of the trademark application you enter in your payment information and then you submit the trademark application form and there you have it you did it. Your trademark application is submitted step number five wait for official registration.
Waiting For The Notice Of Publication
The next step in the process is actually waiting for the notice of publication if you get that then you know, your trademark application was properly prepared when you get the notice of publication, then you know that the USPTO has sent your trademark application to the official Gazette, which is a publication that the public can read and see your trademark application and oppose it if they want to if no one opposes your trademark application for 30 days, then you have cause for celebration because you know that a certificate of registration of your trademark is on its way you did it now, you know how to register a trademark Mark for your online business.