Request a free Patent, Trademark & Copyright Info
Request a free Patent, Trademark & Copyright Info
If you're a new inventor, you're likely excited about the
innovative products or ideas you're bringing to market. Part of protecting your
invention's brand identity is ensuring that its name is legally safeguarded. Trademarking
a name is one of the most effective ways to do this. It helps protect your
business from competitors trying to use the same or similar names, giving you
exclusive rights to your brand identity. This guide will walk you through the
basics of trademarking a name.
What Is a Trademark?
A trademark is a symbol, word, phrase, or name that
distinguishes your product or service from others. It's a form of intellectual
property protection that prevents others from using the same or a confusingly
similar name for similar goods or services. When you trademark a name, you gain
the legal right to use it in commerce and prevent others from using it.
Why Should You Trademark a Name?
For inventors bringing new products to market, branding is
crucial. Trademarking the name of your product or business offers several
benefits, including:
Steps to Trademark a Name
Trademarking a name might seem complex, but you can do it
successfully with proper preparation and guidance. Here are the steps:
1. Conduct a Trademark Search
Before filing a trademark application, conducting a
comprehensive search is essential to ensure the name you want to trademark is
still in use. The United States Patent and Trademark Office (USPTO) offers a
free tool called TESS (Trademark Electronic Search System). A thorough search
will help avoid legal complications, such as trademark infringement disputes.
Tip: You can also consider hiring a trademark attorney or a specialized
service to perform a more extensive search.
2. Decide on the Trademark Format
There are three common formats you can choose from when
trademarking a name:
Most new inventors opt for the standard character format
because it offers the most flexibility in using the name.
Request a free Patent, Trademark & Copyright Info
3. File a Trademark Application
Once you've completed your search and chosen the format, you
can file your application with the USPTO. This can be done through their
website. Here's what the application typically requires:
4. Pay the Filing Fee
The USPTO charges a fee for each class of goods or services
your trademark application covers. As of 2024, the basic cost is between $250
and $350 per class. The fee is non-refundable, so it's essential to ensure your
application is thorough and accurate.
5. Wait for Examination
After submission, your application will be assigned to an
examining attorney at the USPTO. They will review it for completeness and
accuracy. If there are no issues, your application will be published in the
Official Gazette, a weekly USPTO publication. If no one opposes the
registration within 30 days, your trademark will move toward approval.
6. Approval or Opposition
If your application passes the examination and no one files
an opposition, the USPTO will approve your trademark registration. If someone
opposes the application, you may need to resolve the dispute, often requiring
legal assistance.
7. Maintain Your Trademark
Once you've successfully trademarked a name, your work isn't
over. You must maintain the trademark by filing periodic documents and paying
renewal fees to the USPTO. For example, after five years, you must file a
Section 8 declaration confirming that you still use the trademark in commerce.
Failure to maintain your trademark could result in cancellation.
Tips for New Inventors
Final Thoughts
Trademarking a name is a significant achievement in
protecting your invention and brand. It gives you exclusive rights and
strengthens your market position by preventing competitors from capitalizing on
your hard work. By following the steps outlined above, you can confidently
navigate the trademark process, ensuring your brand is secure as you move
forward with your business.
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.
Request a free Patent, Trademark & Copyright Info
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