How To Register a Trademark in the US?
How can you register a trademark in the US? A step-by-step guide to registering your trademark in the US with minimal cost.
If you have a trademark and your business associated with that trademark is doing good then it is high time for you to register it. There are plenty of benefits once your trademark is federally protected, especially since you will not find any issues with expanding your business in any part of the country.
A trademark allows your business, company, or product to stand out and have a unique identity of its own. With so many new businesses opening up each day, you must protect your identity in any manner possible; giving you peace of mind and a sense of protection.
On top of it, thanks to the internet, registering your trademark has become so convenient that you do not need any lawyer but just a few documents and about $200 to $250 in your bank balance.
In this article, I will guide you through the process of how you can get your trademark registered.
A Unique trademark:
First things first, you need to ensure that the trademark you are going to register is unique. Oftentimes people forget to go through this simple process which can take up to 10 to 15 minutes. The majority of businesses today are online and a simple Google search can save you a huge hassle.
Therefore, while an obvious step it is important you go through this to ensure your Trademark is unique and is not plagiarized. You can also seek help from a trademark attorney who can seek access to the federal registry if you have any doubts, however, if you do not find anything associated with your unique trademark out on the internet, the good chances are it stands unique and no one has come across it. Yet!
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Preparing for the Trademark’s application:
Before going to the US Patent and Trademark Office (USPTO), there are two types of trademark filing, and depending upon which one suits your need, you will proceed through there. There is not much difference in the required documents from both types of filings.
Use in Commerce:
Use in Commerce application would mean that when you register your trademark, you are currently doing business with that trademark and that there is already the use of goods and services under that trademark. This is largely done because the USPTO recommends registering Trademarks that are already in service, rather than just for the sake of reserving that trademark rights’ for future reference. There is no specification for how long a business should run under a trademark.
USPTO deals with a huge number of requests, and this helps them to entertain those requests that are already doing business.
Intent to Use application:
This type of filing is for those who have an actual intent to do the business shortly, and have not done under that trademark yet. Upon the application’s acceptance by the USPTO, you will be given a Notice of Allowance. What this will do is, it will allow you to provide evidence that you have done some trade under that trademark within the defined Notice of Allowance period. Thus, giving you ample amount of time to do an actual business or trade within your trademark, and also securing your trademark for a specific time.
It is to be noted, USPTO does not always issue Notice of Allowance twice. So you have to make sure to make the best of the given time.
Required documentation for filing your application:
The trademark application that you are going to fill out shall and must contain the following information with pinpoint accuracy, otherwise, it may get rejected. These necessary documents are:
1. Applicant’s name and address:
You, as an applicant who is the owner of the trademark, have to provide your name and address. In the case of a corporation owning that trademark, in that case, the applicant should be the corporation.
2. Type of legal entity:
You will have to provide whether your trademark is protecting a corporation, a partnership between two or more individuals, an LLC, or so on. Thus, you have to be certain regarding what position your trademark holds.
3. Correspondence’s name and address:
This information should be from the person or your legal representative who will be communicating with the USPTO regarding the application.
4. Present the drawing of the mark:
In case you are seeking to register a mark, you will need to present its drawing. If it is just a word or a phrase without having any form of a design element, then it will be considered as a “Standard character mark” and you can just type those letters. Thus, in any case, you will have to present it to the USPTO.
5. Mark’s description:
You have to present a basic description of your mark. Especially in case, it is not a standard character mark. Although I would recommend in any case, it is good for you to present that mark’s description as it better helps the USPTO to understand your trademark.
The description should have the basic significant elements of your mark.
6. List goods and services your mark covers:
You must list out all the goods and services that your mark covers, your mark is, or will be used for. Although it’s a good practice to provide as many items as possible so that you may be able to expand your business without more paperwork, this may increase your application’s fees since filing fees are based on the number of classes within the application that USPTO is to cover and protect.
7. International classes of goods and services:
There are over 45 international classes of goods and services broken down. It is a good practice to also file at least one international class related to your goods and services which has been reported to speed up your application’s process time.
8. Provide the first use date of your mark:
While only a requirement for the Intent to Use application. It is required of you to list the date when the first mark was used, and also provide a specimen — photos of the mark — in connection with the goods and services it is being used.
9. A verified statement:
It is a must for either the application or the authorized representative of the application to sign a declaration; sign it with the date to ensure that all provided information and data in the application is genuine and based on truth.
10. Required fees:
The fee may vary, but please note that you will need to pay at least $200 to $250. Depending upon which type of application you are going to file along with how many classes are included within your application.
Filing the Trademark Application Online:
Now that you have all the necessary data, and information. The next step is to visit the website of the Trademark Electronic Application System (TEAS). After filling in all the information and data, and submitting your application. You will be given an application that your application has been received and is under process. You will also be given a minimum amount of time to double-check if all the information given is correct or not.
Lastly, you will be given a serial number on your application which you can use to review the status of your application by going to Trademark Status and Document Retrieval.
The entire process can take up to 6 to 8 months, and upon completion, you will be notified by USPTO.
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