traverselegal - July 7, 2014 - How To Register a Name as a Trademark, Trademark Law
The process of trademarking a brand name may sound like a relatively easy process. However, there are crucial steps that need to be considered and/or completed before, during and after the application process. Some of these things include understanding what the factors are for determining the filing fee, knowing how to respond to any possible Office Actions filed by the Examining Attorney during the application process, and taking the proper steps to protect your trademark once it is filed. This video gives a good overview of the basic steps which need to be done to trademark a brand name, but there are other specific details that also need to be covered during the process. Failing to be prepared for such potential issues could lead to the denial of your application or a trademark infringement dispute. The attorneys and staff at Traverse Legal have extensive experience in the entire process of trademarking a brand name and can help you successfully get your brand name trademarked.
Hi, I’m Kiyla Fenell, business expert with UltimateBizSystems.com. A frequent question I get in my line of work is how to trademark a name? So today, I’m going to give you my best advice on how to protect your intellectual property from copycats that might try to steal your work. The first thing that you need to know is a trademark is a brand name. There are universal symbols that are used to identify a brand name has been taken. The very first is the ‘R’. The ‘R’ means that the trademark has been registered. Second, is the TM if it is not. If you currently using a brand name, you can already begin to use the TM.
Now I’m going to show you the easy four step process to get your brand name registered. The first step you want to take in trademarking or registering your name is you want to begin to use the brand name that makes it eligible for trademarking. So for instance on your products, you want to make sure that you include the name with the TM on it and with your services any type of advertising, brochures, business cards, website, begin to use the TM. This makes it eligible for the next step if you choose to take it.
Now if you choose to take it a step further, you can go to step number two, which is conducting a search. Has someone has someone already registered your brand name? And I would recommend for anybody that is really serious about their products or service to take this step and do that. There is a free resource online. You can go to the USPTO.gov and use the TESS search, which is the trademark electronics search system and check to see, just type in your name and check to see if it actually being used by someone or registered by someone already. If there is a design element to your brand name, you want to conduct a second search which is on the USPTO.gov and is the Design Search Code Manual.
Step number three again for those that choose, but for serious business owners that believe that they are really onto something with their product or service, I would recommend to go ahead and file an online application. And this is the actual registering at the trademark, which you get to use the symbol ‘R’. You can use two different resources. The first resource is TEAS, which is the Trademark Electronic Application System or you can simply call the Trademark Association to do that.
Step number four, international trademark protection. Let’s say you’ve gone through the steps of registering your trademark protecting that. That federal registration is only good within the United States. So if you plan on taking your business to the next level in going globally, you need to ensure that it is protected. Because if you don’t go through this process, you are taking all at the time, money, passion and energy that you’ve put into your products and services and you are opening yourself up for people to steal your work and you don’t want to do that.
So take the time to research, you now, conduct the search, to find out if other people are using it, and if not, go for it. If your business takes off, you’ve got that taken care. If you’re really serious about your product and service and all the time, money and energy that you put into that, you really want to protect it from people that may try to copycat and try to steal your intellectual property. There may be fees involved with the process. I would also recommend to consult with an attorney just to make sure that everything is covered. All the proper steps were taken. My name is Kiyla Fenell with UltimateBizSystems.com and that is how you trademark a name.