A trademark protects a word, phrase or symbol that is used to identify a business or product. An example of a trademark is the Nike “Swoosh,” or McDonald's Golden Arches. A company that has created a unique design or “mark” for their business can apply for a trademark from the United States Patent and Trademark Office. The USPTO will not grant a trademark for just any mark; the mark has to meet certain requirements. Some of those requirements include:
Before you apply for a trademark, you will want to make sure your idea is not already being used by someone else. Your search should be a thorough as possible because the USPTO will also conduct a search when they receive your application. If they find a match or a conflict, your application won't be accepted. You can start with a web search for your trademark but you should also check using the Trademark Electronic Search System on the USPTO website. If a match is found, you will have to create a new mark if you want it to be trademarked.
If your chosen mark is not in the database, you could keep using the mark without getting the trademark. If the mark has never been used you can use it without registering it, but you cannot use the trademark logo, you won't be able to bring legal action in a court of law and you cannot enter your mark into the USPTO database.
You can apply for a trademark online at the USPTO website. The fee to apply as of 2014 is $325 and that is due with your application. You will also need to supply the following information:
Once you have applied for the trademark, check the status of application. When you apply, you will get a serial number. After three months, the trademark will undergo a legal review. If the trademark is approved, it will be published in the Official Gazette for 30 days. This gives others a chance to object to your trademark in the event it is similar to another mark. After this period of time, if there are no objections, you can use your trademark.
Getting a trademark is a time-consuming task. Receiving assistance from an experienced legal representative can help you navigate through the process. A legal professional could also help ensure that your trademark is maintained so it does not become an every day word and render your trademark moot.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified trademark lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local trademark attorney to discuss your specific legal situation.
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