You’ve come up with the perfect name for your new business or product. But before you start putting it on business cards and packaging, it’s a good idea to make sure that no one else is using the same name in the United States. That’s where trademarks come in: they protect your business name or product name from being used by someone else without permission. If someone else begins using your trademark without permission, you’ll be able to file a lawsuit against them (or at least threaten to). Keep reading to learn how to file a trademark in the U.S.
Contact a trademark attorney
When it comes to filing a trademark application, you may be tempted to do it yourself. After all, you already know how to do your own taxes and fill out the IRS form 1040. But trademark law is different from tax law in that there are certain requirements that must be met for a valid registration of a trademark, and they’re not always easy to spot. For example, did you know that if your business name uses an adjective instead of an actual name (such as “Best Shoes” or “Airline Service”), then there’s no way for anyone else but you to use those words? If an attorney had advised you on this issue before filing the application with USPTO, then chances are good that your application wouldn’t have been rejected outright because of one small mistake like this one!
So while doing your own research may seem simpler than getting help from someone outside of the field like myself—I mean who wouldn’t want free advice from someone whose only goal is helping others succeed?—it’s important not just for saving money but also because it can save time too!
Search the U.S. Patent and Trademark Office’s trademark database for similar trademarks
This search will show you all trademarks that have been applied for or registered in the U.S., as well as those that are in common law use (see below). Searching this database is a great way to get an idea of what other companies are doing with their brands before you apply for your own mark, and it can help you avoid conflicts down the road if someone else is already using a similar brand name. To get started on your search, head over to USPTO’s website and select “Trademark Electronic Search System” from the top navigation bar (you’ll need to create an account if this is your first time logging into USPTO). Once you’re logged in, click on “Search TESS,” then choose either “Initial Application Data” or “Registered & Pending Applications.” Search results will display product names and company names associated with each registered or pending application; this information may provide insight into how others are using their trademarks in advertising campaigns and other business operations as well as where they’ve applied them commercially thus far.
Submit an application to register your trademark with the U.S. Patent and Trademark Office
You can apply for trademark online by visiting http://www.uspto.gov/trademark-application-process/index.jsp and clicking on the “Apply Online” link or through the Trademark Electronic Application System (TEAS). You must have an account with TEAS to file your application in this way, but you can establish one in less than five minutes by following the instructions on that page. If you have any questions about filing your application online or with the TEAS system, contact them at 800-786-9199 or email them at firstname.lastname@example.org
If you would prefer not to use an electronic method of filing your trademark application, there are also two other options available: paper mail and hand delivery of your application package directly to the U.S Patent and Trademark Office (USPTO).
The good news is that you don’t have to be a big-time company with loads of money to register a mark. But you do need to know how to protect your brand and apply for a trademark.
The USPTO offers free resources on their website, including information about how to register for the first time and how long it takes for your application to be processed by an examiner (a government employee). If you want an attorney’s help in filing paperwork, they can charge anywhere between $100 per hour up into the thousands of dollars depending on what state you live in.
Register your trademark to protect your business name or product name.
Registering your trademark allows you to protect your business or product name in the U.S., even if someone else has started using it first.
We recommend you register your trademark as soon as possible so that no one else can use it later on, even if they want to use something similar.
Useful for preventing others from using your business name or product name in the U.S.
Trademark registration is a way to prevent others from using your business name or product name in the U.S., but it is not required. You can use a business name, product name, domain name and logo without mark registration. Mark rights arise from use of the mark in commerce with goods or services associated with that particular identifying mark. You do not need to register a trademark in order for it to be legally protectable.
How do I register a trademark?
Now that you know what a trademark is, learn how to register one. First, you will need to determine if your trademark is available. You can do that by using the United States Patent and Trademark Office’s (USPTO) mark Electronic Search System (TESS). Simply type in your proposed mark and see if it’s taken or if someone else has applied for it first. If your desired mark is not available, you may file an application with the USPTO by filling out Form 10-15 together with three sets of black-and-white drawings representing your logo or trademark. The USPTO will then send you a notice explaining how much it will cost to register your mark as well as an official certificate once they approve it.
If you are thinking about applying for a trademark, the U.S. Patent and Trademark Office is one of the first places to look. They offer free resources and information on how to apply for a trademark. The next step is contacting your attorney or company that specializes in trademarks and USPTO trademark search so they can guide you through the process and answer any questions you may have along the way!