Everything you need to know about registering a trademark

Trademarks are often found after words, phrases, designs, or symbols that identify or distinguish the products of one party from those of another. A service mark follows words, phrases, designs, or symbols that identify the services of one party from those of another. In general, the word “trademark” is used to define both trademarks and service marks. To register a trademark, you will need to follow a process established by the United States Patent and Trademark Office (USPTO).

Trademark Application

The first step you will need to take when applying to register a trademark is to complete an application. When you fill out this application, you may want legal counsel to help you with this paperwork. If you live in the United States, legal counsel is not required for a trademark application, but it is strongly recommended.

Before you apply, you and your legal advisor will need to determine whether your mark is registrable and how difficult it will be to protect the mark once registered. You will be asked to provide the filing basis and registration basis for your trademark. This focuses on how and when you intend to use your brand.

Application Preparation

Your trademark application can be filed online through the Trademark Electronic Application System (TEAS). You will also need to pay the initial application fees when you submit your application. TEAS Plus costs $225 per class of goods or services, and TEAS Standard costs $275 per class of goods or services. You should be aware that when you apply for a trademark and apply, if you are denied, you will not be refunded these fees. You can also apply for only one trademark per application.

Application monitoring after submission

During the registration process, you and your legal counsel will need to monitor the application until the USPTO’s examining attorney makes a decision. Once a determination has been made, the attorney will send a letter if more information is needed. She will have to make sure that she is responding to them promptly. If you do not respond within six months, your request will be declared abandoned.

Keep the trademark once approved

Once the trademark has been approved, you will need to pay any necessary fees and make sure you stay up to date with the status of the trademark. It will also be up to you and your legal counsel to ensure that no one infringes on your trademark, the USPTO does not monitor this. Although the possibility of filing a trademark application can be done on your own, it is not something that everyone knows. Hiring legal counsel who specializes in trademark applications can ensure that everything is done correctly and legally.