Understand Trademarks

A trademark is a recognizable sign, design, or expression that distinguishes your products or services. By protecting your company name as a trademark, you secure exclusive legal rights, ensuring no one else can use a similar name, thereby providing a strong sense of security and protection.

Conduct a Trademark Search

Before applying, ensure your desired name isn’t already in use:

Search the USPTO Database: To check for existing trademarks, use the Trademark Electronic Search System (TESS) on the USPTO website.

Check Domain Names and Social Media: Find similar names online to confirm uniqueness.

Evaluate the Strength of Your Name

Not all names are trademarkable. Evaluate your name’s strength:

Fanciful: Completely invented names (e.g., “Kodak”) are the strongest.

Arbitrary: Common words used in an uncommon context (e.g., “Apple” for computers).

Suggestive: Names that hint at product features (e.g., “Under Armour”).

Descriptive: Names describing goods or services (e.g., “Italian Pizza”) may need proof of acquired distinctiveness.

Generic: Names that refer to a general category (e.g., “Bicycle”) cannot be trademarked.

Determine the Right Trademark Class

Trademarks are categorized into classes based on the type of goods or services. Identify the correct class to define the scope of your protection. Each class has its own fees and requirements.

Prepare Your Application

With a unique name and the right class, prepare your application:

Provide Your Company Name and Logo: Include these if applicable.

Describe Goods or Services: Clearly outline what your trademark covers.

Include Evidence of Use: Provide proof, such as labels or website screenshots if applicable.

File Your Application

Submit your application online through the USPTO’s Trademark Electronic Application System (TEAS). Choose between TEAS Plus and TEAS Standard based on your needs. Be aware of the associated costs.

Respond to USPTO Office Actions

If the USPTO issues an Office Action due to issues with your application, respond promptly and accurately to keep your application on track.

Wait for Approval

Once any Office Actions are addressed, your application will be published in the Official Gazette. If no oppositions arise within 30 days, your trademark will be registered.

Maintain Your Trademark

To keep your trademark active:

File Renewals: Submit renewal applications between the 5th and 6th years and every 10 years.

Use Your Trademark: Continue using it in commerce to prevent abandonment.

Monitor for Infringements: Watch for potential unauthorized uses and enforce your rights.

Common Mistakes to Avoid

Skipping a Comprehensive Search: Failing to search existing trademarks thoroughly can lead to legal issues. Use the USPTO database and consult with a trademark attorney to ensure you're well-informed and cautious in your approach.

Choosing a Weak Trademark: Avoid generic or descriptive names. Aim for a strong, distinctive name, like fanciful or arbitrary terms. This will empower you with a strong, unique identity in the market.

Overlooking International Implications: If you plan to expand globally, investigate trademark laws in other countries, as U.S. registration doesn’t offer international protection.

Selecting the Wrong Filing Class: Ensure you choose the correct class for your goods or services. Register under multiple classes if needed.

Submitting an Inaccurate Application: Ensure all details in your application are accurate and complete. Mistakes can delay or jeopardize your application.

Ignoring Response Deadlines: Respond promptly to USPTO communications to avoid application abandonment.

Underestimating Post-Filing Requirements: Stay informed about your application’s status and be prepared for additional steps.

Failing to Renew Your Trademark: Track and meet renewal deadlines to keep your trademark active.

In Summary

Trademarking your company name is vital for brand protection and legal security. Following these steps and avoiding common mistakes can ensure a smooth trademark process and safeguard your brand. This proactive approach strengthens your brand’s legal standing and supports your business’s growth and recognition in the market. Stay diligent and informed to navigate the trademarking journey successfully.

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. For legal advice consult a patent attorney or if you need a patent attorney, email us at info@marketblast.com for a referral.