If you want to learn how to trademark a product, the process is actually quite simple. Follow a few easy steps and even use an online trademark registration system to obtain a trademark easily.
What can you trademark?
You can't trademark just anything; your goods must meet specific criteria to warrant a trademark, and your mark must meet certain qualifications to be eligible. To trademark goods or services, you must clearly outline the goods or services to be included in the mark in your trademark application. You can't expand the scope of a trademark to include additional goods or services after you've filed an application.
You must do a trademark search before you file for a trademark.
Before you can file for a trademark, you must search the existing trademark database to ensure your desired trademark isn't already in use. You can use the Trademark Electronic Search System, or TESS, to do a search for your desired trademark and ensure it's not already in use. Alternately, you can run a search at an existing Patent and Trademark Depository Library (PTDL). The PTDL has branches in every state.
These searches may not be exhaustive; a trademark lawyer can run all the necessary searches prior to filing a trademark application. If you file a trademark application and the mark, or a similar one, is already in use, the United States Patent and Trademark Office (USPTO) denies your application and keeps your application fee.
Use the online trademark registration system to obtain a trademark.
The USPTO has an online trademark registration system to make it easy for people to apply for trademarks. You can use the Trademark Electronic Application System, or TEAS, to apply for your trademark registration. The TEAS has a tutorial to walk you through the application process, plus a how-to guide to ensure you follow the proper procedures and steps before you file to obtain a trademark. The TEAS is the fastest and most secure way to file for a trademark. The filing fee is $325, and you can complete the application entirely online.
Beware trademark registration companies.
If you do a search online, you can find trademark registration companies that claim to register your trademark for a low fee. These companies are a scam. The trademark registration application fee is $325, and no company can apply for a federal trademark for less than that amount. Companies that claim to charge less are either trying to get you in the door and then charge additional fees, or they're charging to conduct a trademark search without registering the actual mark. Alternately, they could be charging you to use a common law trademark; something which you can do yourself for no fee, provided you're using it only in your own state.
Consult a trademark lawyer for help.
If you're not sure whether your trademark qualifies for registration, or you have other questions about the trademark process, consult a trademark lawyer for assistance. While trademark lawyers can cost you cash up front, they can help you save big-time down the road. If you want to avoid potential legal entanglements and ensure that your trademark application is processed efficiently, involve a trademark lawyer from the beginning.
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This article contains valuable information about Trademarking and how to obtain more information. It also deals deeply with the common law trademark by explaining its need in order to create profit in business. |
