If you want to register your brand name in the United States, it’s helpful to know where and how to do so. The process can be confusing, but I’m here to help! In this post we’ll talk about what you need before filing a trademark application and how to find out if your brand is available for use.
Before you apply, you need to make sure your brand name is available and not already registered by someone else.
To begin the trademark registration process, you must first make sure that your brand name is not already registered by someone else. You can do this by searching the USPTO database and Google, Facebook, Twitter and other social media sites. You can also ask your friends and family if they know of anyone else who has a similar brand name.
To file your trademark application online, you can use the Trademark Electronic Application System (TEAS).
To register brand name, you can use the Trademark Electronic Application System (TEAS), which is free for most applicants. Once you have a receipt number from TEAS, you can begin to use your trademark. You will also receive confirmation of your application via email and physical mail within two weeks after submitting it through TEAS.
The USPTO charges a $225–$275 filing fee for each individual class of goods and services in your application. The fee may be paid by credit card, or you can send a check or money order to the address listed on the form. You can also pay with a wire transfer if you indicate this on Form 10-17a. The fee for an extension request is $100, and payment should be included with your request.
If you’re trying to register your brand internationally, you may run into some snags.
Once you’ve narrowed down your list of possible brand names, it’s time to check if the name is available. You can do this by searching for the domain name and trademark databases for each country that you wish to sell your product in. For example, if you want to sell a T-shirt with the word “Milk” on it in Canada, then you would need to search for “MILK” as a trademark in Canada. In addition to searching locally, we also recommend searching internationally since some countries may have different rules about how and where trademarks are registered than others.
Once you’ve checked all of these places, it’s likely that one of them will give back an error message saying that either the trademark isn’t available or there is an existing registration. If neither case applies then congratulations! You now know what your brand name should be! The next step is translating those words into another language so they can be used internationally without issue (see more below).
You should keep an eye on the USPTO database after applying for a trademark.
The USPTO database is one of the best places to check for other trademarks that could be similar or identical to yours. It’s easy to search, but if you don’t know what you’re looking for, it can be overwhelming. You might have the same idea as someone else and they beat you to the punch! To avoid this unfortunate situation, keep an eye on this database after applying for a trademark.
If someone has already applied for your brand name, it doesn’t mean that they will get your trademark rights—they just have priority over everyone else until their application is approved or denied by the USPTO (or abandoned). But if another entity does get approval from USPTO and starts using your brand name first (and there are no legal reasons why they shouldn’t), then you’ll need to do something about it: change your brand name or try to negotiate with them so both of your products can exist in harmony on shelves around America
The USPTO will reject any applications that are confusingly similar to existing trademarks or don’t meet other requirements. If your application is rejected, you can request a reconsideration; however, if you are rejected, you can always find a registered trademark in USPTO database if you have its registration number.
If your application is denied, you can request a reconsideration.
You can find the US trademark application number in the status report on the Trademark Status and Document Retrieval (TSDR) system.
You must submit your request for reconsideration within six months of receiving an Office Action or Notice of Allowance that includes a final action declining registration of your mark. If you disagree with the office’s decision, you can also request an extension of time to respond to the notice of allowance or allow additional time for filing an opposition proceeding if one has already been commenced by someone else with respect to your proposed mark at issue in this proceeding; those requests must be submitted within two months from receipt of status information about this matter from TSDR.
Trademark registration can be tedious but it’s well worth the effort if you’re serious about protecting your brand.
- Registering your brand name is worth the effort.
- Easier said than done, but it’s well worth the money if you’re serious about protecting your brand.
- You should register as soon as possible!
Open the website of USPTO.
The U.S. Patent and Trademark Office (USPTO) is the place to register a trademark. The USPTO has a website you can use to search for your brand name, or you can call them at (800) 972-9608 if you don’t want to do it online.
Fill in the fields of Search form.
Fill in the fields of Search form.
- Search by registration number: Enter your brand name and click the “Search” button to search for registered brands.
- Search by mark: Specify a word or phrase that must be included in the registered mark, and choose an appropriate category from Class/subjects list (choose one). Then type a word or phrase into the box below, followed by a space character, then click on “Go” button to start searching for matches.
- Search by owner name: Type an owner’s name into Name field and click “Search” button to find out who owns this mark.
- Class/Subjects list: Search results will be displayed along with their classifications according to WIPO international classification system of goods & services (WIPO Constitution).
Review the results on the screen.
If you’ve applied for a trademark and are waiting to hear from the USPTO on whether it has approved or denied your application, use the Trademark Electronic Application System (TEAS) to log in to your account.
If your application was approved, you can pay any fees due and submit any additional documentation required by the USPTO.
If your application was denied, it means that one of several things could have happened:
- The examining attorney needs more information about some aspect of your mark’s use or registration before making a full evaluation;
- The examining attorney needs more information about some aspect of how other people might view the likelihood that consumers would confuse two similar marks used by different companies;
- You did not provide enough evidence to show that no one else could possibly own a mark like yours; or
- There were issues with what type of goods/services were covered by the registration request.
You can always find a registered trademark in USPTO database if you have its registration number.
There are many ways to search for registered trademarks. You can always find a registered trademark in USPTO database if you have its registration number.
To do this, go to the USPTO website and type in “USPTO Trademark Search” at the top of your browser window. On the left side of your screen, you should see a drop-down menu that says “Trademark.” Click on it and select:
- “Search by Application/Registration Number”
- “Enter A Trademark or Service Mark Application or Registration Number” (you’ll need to enter your mark’s application number here)
- ) Enter Your Trademark or Service Mark’s Status Information I’m going to choose status information from step 2 because it allows me to view both trademarks similar and identical to mine as well as ones with different meanings but still sounding similar enough that people might confuse them for mine!
Conclusion
I hope this article has helped you understand the process of USPTO trademark filing. I know that it can be a daunting task, but it’s well worth it if you’re serious about protecting your brand.
