Introduction
The government agency in charge of safeguarding and register brand name is the United States Patent and Trademark Office (USPTO). The procedure of trademark registration might be daunting, but if you’re serious about safeguarding your company’s identity, it’s worthwhile to put time and money into it. Here are the five steps you must take:
Trademarks are registered in the order in which they are received.
You do not need to file a trademark in the same manner that you do not need to file a copyright for your business name. A trademark is only valuable if someone else attempts to infringe on your company’s rights after it has been registered.
If, on the other hand, you opt to register your trademark and file an application with the United States Patent and Trademark Office (USPTO), you will have more control over how others use your brand name or emblem in their own enterprises. You can also sue someone who uses a similar name or logo to yours; however, this can be challenging since it involves establishing that consumers were confused about whose firm they were supporting when they purchased goods or services from one of these businesses. [9]
To protect your trademark at the federal level, you must apply to the USPTO.
The USPTO is a government office in charge of registering trademarks and other intellectual property, as well as maintaining the trademark system’s integrity.
It’s also worth noting that not all nations permit firms to register their company names as trademarks. If you want to do business in a country other than your own, make sure to investigate the requirements before registering for trademark protection there.
File your application with the USPTO online.
Once you’ve gathered all of the essential information, it’s time to submit your trademark application to the USPTO. The first step is to go to www.uspto.gov and choose “Trademark Electronic Application System.” This will take you to a website where you can establish a user account and begin the process of electronically filing your trademark application.
After you’ve signed up for an account and logged in, you’ll need to fill out an online form with information about your company (including its name) and pay the $225 filing fee. While paying online isn’t necessary by law, it does speed up the process; otherwise, it might take up to three months to obtain confirmation from the USPTO that money was received properly if mailed in instead of paid online using a credit card as part of filing an electronic application (see Resources).
Wait approximately two weeks after submitting these forms electronically through TEAS or having them printed out by hand and sending them via regular mail with payment enclosed per instructions on page 2-1a(ii) before checking back here at [link]www[dot]uspto[dot]gov/trademarks[dash][slash]status checker[period]. You’ll need this URL later when we discuss how long trademarks endure before expiring; if yours hasn’t been renewed yet, or if it has expired completely without being renewed within five years of the registration date, then take these steps:
Hiring an attorney to assist you in the process may be beneficial.
It is better to engage an attorney if you wish to take issues into your own hands. An attorney can: Assist you with the trademark application procedure.
Assist in doing a trademark search to guarantee there are no issues.
Assist in the submission of the trademark application.
Assist with the registration and maintenance of the trademark.
If you wish to utilise a trademark in a visual or auditory media, such as television or radio, you must first register it with the United States Patent and Trademark Office (USPTO). You can also register one or more trademarks through state agencies, but this is a significantly slower procedure than going through the USPTO.
The symbol for an unregistered trademark is TM, whereas the sign for a registered trademark is ®. When referring to your company name as a brand, you should always include these symbols and utilise them wherever feasible in marketing materials and advertising campaigns.
There are no restrictions on where or how many times your business name can be used as long as it is not used in conjunction with the product or service of another business (for example, if we make custom hats for dogs called Bobblehead USA and wanted to put “Bobblehead USA” on our website at bobbleheadusa.com, we would likely run into trouble because someone else has already registered “Bobblehead® Hats” with their trademark).
Furthermore, there are no limits on the language(s) in which you may use your business name: Only in English? Only in Spanish? Neither? Both? All choices are available! The same is true for items – unless expressly prohibited by law, such as alcohol content limitations based on age, everything goes!
The USPTO can assist you with protecting your brand name.
You may file for a trademark online if you wish to protect or register your brand name at the federal level. The application procedure is straightforward, however it is recommended to get the assistance of an attorney.
Conclusion
That’s all! You now have a wonderful brand name and are ready to launch your business. If you need assistance with any of the above processes, please go back to this guide or contact an attorney who can help you protect your brand name.
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