Introduction
USPTO trademark filing your name is an important step in preserving your business. Luckily there are lots of resourcesto help you make sure you’re doing it right!
Determine The Basis For Filing The Application
When registering a name for your business or product, there are three options:
- Intent to use (ITU) – If you have not yet started using the mark in commerce, you can file an ITU application. The applicant will be required to begin using the mark within six months of receiving their trademark registration.
- Prospective use – This is usually used when someone has been using a name for something like advertising purposes but hasn’t actually begun selling it yet. For example, if you are working on inventing something that needs an official title before it can be sold legally, you might choose this option while continuing work on your product. After filing an ITU application, prospective users must begin using their registered mark within six months after receipt of their certificate of registration unless they file another form with USPTO stating that they have changed their mind and no longer want to use it by then (referred to as abandonment). If they do not file anything with USPTO stating such intent before deadline passes then otherwise known as abandonment date then holder will receive notice from USPTO which requires responding within 30 days otherwise known as abandonment period.”
Conduct A Trademark Search
Before you can apply for your trademark, it’s important that you conduct an appropriate USPTO trademark search in the database. This will give you an idea of how many brands and businesses are already using similar names, and whether your desired name is likely to be approved by the USPTO. To do this, go to this link: https://searchtrademarkregistration.uspto.gov/trademarkia/typedirectlink?path=%2Ftrademarkia%2Fhomepage&query=&page=1&directlink=false&x=0&y=0. This will take you directly to the U.S. Patent and Trademark Office (USPTO) website where they allow customers to conduct searches themselves using their automated system called TESS.
File An Application
A US trademark application is a document that you will file with the United States Patent and Trademark Office (USPTO) in order to establish your right to use a particular mark. The USPTO can help you determine whether your proposed mark is eligible for registration, but we recommend hiring an experienced attorney or agent if you’re unsure of what type of mark you want or how best to proceed.
The process of filing an application is relatively straightforward: First, prepare an application form using our online toolkit or one provided by your chosen attorney or agent. Then submit the completed form along with relevant payment information and supporting documentation (such as samples) to the USPTO. Once submitted, there may be opportunities for additional review before final approval from the USPTO—but don’t worry; once approved, it’s yours!
Respond To Office Actions
An office action is a notice from the USPTO that your application requires further action. If you receive an office action, you have three options:
- Respond to the office action by filing a response with the USPTO.
- Pay any outstanding maintenance fees and continue to pay maintenance fees on time in order for your application to be maintained in status quo.
- Abandon or withdraw your application if you feel there are no changes that can be made within the time frame allotted by law.
To register a trademark, the mark must meet certain minimum requirements of distinctiveness and be used in interstate commerce. The first step is to determine what type of mark you want to use. A trademark can be a word, phrase or symbol that identifies and distinguishes goods or services from those of others by means of its use.
Your trademark must be distinctive; that is, it must differ from similar marks already registered with the PTO or that are pending registration with the PTO (known as “confusingly similar” marks). You can determine whether your proposed mark is likely to be considered distinctive by examining several factors including:
- How closely related are your goods or services? If you plan on selling something very different than another company’s product, for example—say, toys versus lawn mowers—then there is less chance that consumers will see one name as confusingly similar to another. In contrast, if both products are very similar—such as soft drinks—then consumers may see one product’s name as being confusingly similar to another’s because they think they’re buying one thing when they actually buy another.(Note: This isn’t always true because there could also be some confusion due to price changes between products over time.)
- Does this particular combination sound like any other words commonly used in reference to such goods/services? If yes then you might want try coming up with something else before submitting it for registration so no one else gets confused later on down road when trying accessing their own rights under law!
- Are there any descriptive terms contained within your proposed mark? Descriptive words are ones describing characteristics inherent within goods/services themselves rather than distinguishing them from competitors’ offerings (e.,g., color). While descriptive terms may not themselves serve as trademarks per se (because there would be no way for anyone except yourself – unless someone told them), descriptive phrases can still function effectively at showing how creative ideas have influenced
You can do it yourself, or get a lawyer to help you.
Conclusion
We hope this post has given you some insight into the process of trademark registration. There are many steps to take before filing your application, but with proper planning and attention to detail, you can be sure that your name will be in good hands.
