How to Trademark
What is a trademark? According to Wikipedia, a trademark is: “…a distinctive sign or indicator used by an individual, business organization or other legal entity to identify that the products and/or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.”
A trademark is also considered a type of intellectual property. A trademark can be a name, a word, a phrase, a logo, a symbol, a design, an image or a combination of any of these.
Types of Trademarks
There are two kinds of trademarks: One symbolized by ™ and the other symbolized by ® (the capital letter R with a circle around it).
The trademark symbol, ™ is written after the trademark itself. The trademark symbol is used when said trademark is not yet registered with the US Patent and Trademark Office.
The registered trademark symbol, ®, is also written after the trademark itself. The registered trademark symbol is used when said trademark is registered with the US Patent and Trademark Office.
What makes the two types of trademark symbols different? Trademarks, you see, are not required to be registered, hence the unregistered trademark symbol. Unregistered trademark symbols still enjoy proprietary rights (meaning, you own it) but usually only within a jurisdiction or a geographical area.
Registered trademarks come bundled with more stringent rules. With a registered trademark, you are granted an exclusive right to use the trademark. Any other trademark that looks remarkably like the registered trademark and used on similar products can be sued for copyright infringement.
Both types of trademarks fall under international trademark laws, even with the geographical and jurisdiction limits of unregistered trademarks. Both types are also required to be put into actual use with the commercial products or services tied to them.
Applying for a Trademark
Get a good trademark lawyer within the area of jurisdiction that you are interested in. Ask around, research lawyer backgrounds or get connected with a reputable firm. Having a good lawyer is half the battle. A good lawyer should be able to guide you through the process of applying for a trademark, the technicalities that go with it and educating you on the laws that affect in getting and keeping a trademark.
Visit the official website of the United States Patent and Trademark Office.
Read the background information on trademarks on the site.
If you are interested in a registered trademark, keep in mind that you have to show proof or evidence that you are the first to use said trademark in commerce.
Go to the site’s search bar and choose the New User Form Search to begin the search for your trademarks. The site also has an FAQ to help use the search engine better.
The Trademark Electronic Search System (TESS) will yield a list of trademarks that are close, or the same, as your intended trademark. Keep in mind that trademarks are industry-specific, meaning that yes, it’s acceptable to have the same registered trademark name, provided that the products and services you offer are different from the other’s.
Once you’ve verified that the trademark is not yet taken, you can download application forms from the website. You can even apply online.
You can begin using your trademark name with the (™) symbol in commerce as soon as possible if it’s verified that no other same trademark is being used in the industry.
Do not use the (®) until you have been rewarded the right to do so. Doing so without filing and being granted to use it is a federal offense.
Use your trademark properly according to copyright laws.