We cannot limit the word “trademark” to a single form. Trademarks can be of any format that uniquely identifies your brand. Obtaining a trademark for your product or business is essential to stand unique in the minds of your customers and prevent other parties from copying your product’s name, design, shape, slogan, or whatever.
For example, if you create a logo and have registered a trademark, no one can copy the same logo for their brand without your permission. Let us learn how to register a trademark for your products and inventions and their importance.
Benefits of registering a trademark for your business
Businesses that aim to create a brand identity should have already known the importance of obtaining a trademark for their products and services. For example, the opening sound of Netflix is a trademark that has created an impact among people who love to stream online movies and series. Besides brand recognition, registering a trademark benefits your business in many ways.
Protects against infringement: If you have a registered trademark for your brand, the usage of the same or similar trademark by other parties will be prohibited. If someone has used or copied your trademark, you can file a complaint against them and get compensation.
Different levels of protection: The USPTO (United States Patent and Trademark Office) provides three different levels of protection for your trademark.
- With state trademark registration, your trademark will be protected only in the particular state.
- With federal trademark registration, you can protect your trademark across the entire US.
- With international registration, you can protect your trademark in multiple countries worldwide. As a result, you can effectively expand your brand internationally.
Trademark renewal: Once a trademark is registered, it is valid for ten years. However, you can renew it after every ten years as long as you wish to protect your brand identity.
Represents your business uniquely: Once you have obtained a trademark for your brand, it will uniquely identify your brand no matter how many competitors grow in the market. With the help of a trademark, people can distinctly recognize your brand and its quality.
How to Register a Trademark in USPTO?
With all the benefits known, you might now think about how to apply for a trademark in the US. The following are the things to be taken care of while registering a trademark with the USPTO.
Determine the filing basis for your trademark. The USPTO provides four types of filing basis for registering a trademark. They:
- ‘Already in use’ is for the trademarks already used for trading products and services within a country or internationally.
- Future use trademarks are provided where the trademark will be used in the near future.
- Foreign application and registration are made for the trademarks to be used in commerce, and this registration has to be completed within six months.
Search for availability. It is the most crucial step in knowing how to register a trademark. Once you have designed your trademark and are ready to register it with the USPTO, you should check for its availability in the US trademark registry database. You must check whether a trademark has already been registered, similar to your trademark.
Meeting the requirements. Before applying for trademark registration, make sure you have these things prior in your hand: A document having:
- the applicant’s name, signature, address, and type of entity,
- a drawing or design of the trademark,
- your trademark’s description,
- the filing basis,
- the types of products and services that are included in your brand or trademark, and
- the filing fees.
Submitting the application. Once you have made the necessary document ready, the next step is to fill out the trademark application and file it with the USPTO. Nowadays, trademark registrations are done digitally via TEAS (Trademark Electronic Application System).
Approval from USPTO. The submitted trademark application will undergo an examination to check for errors. If errors are found in an application, six months will be provided to correct them and reapply. If there are no errors in the application, it will be sent for trademark approval.
The final step is where the trademark application is approved and the registration is successful. If other parties oppose a trademark, the applicant should submit valid proof stating the necessary rights over the trademark. Or else the application will not be approved.
Above are all the steps that will help you know how to register a trademark in the US.
To sum up
Registering a trademark for your brand is essential to acquire a remarkable position in today’s competitive market. At the same time, protecting your rights from being used by others illegally is necessary. I hope this blog has given the required information on registering a trademark for your business to enjoy the benefits mentioned above.
Disclaimer-Brealant provides access to independent attorneys and self-service tools, is not a law firm, and does not provide legal advice.
